Marblehead man indicted for 5th OUI

SALEM – A Marblehead man who police say was driving drunk for the fifth time when he was arrested two months ago in Swampscott was indicted Friday afternoon by an Essex County grand jury.Terence P. Driscoll, 39, of 14 Baldwin Road, Marblehead, is charged with operating a motor vehicle while under the influence of alcohol, fifth offense, operating after suspension of license, resisting arrest and two counts of assault and battery on a police officer.The charges arise out of an incident in Swampscott on Jan. 14 when Swampscott police found Driscoll’s 1995 Dodge Ram on Essex Street about midnight. The truck was stuck in a snow bank.The officer noticed that Driscoll had slurred speech, glassy eyes and was unsteady on his feet. After failing to perform field sobriety tests, police began to arrest him, but Driscoll yelled and kicked the officers as they tried to arrest him.Police said they also found open bottles of Vodka and Kahlua in the truck.Assistant District Attorney Jennifer Kunsch is assigned to prosecute the case for the state.Also indicted were:Henry Ocasio, 24, of 92 South Common St., Lynn and Nelson Joel Irizary-Alvarado, 34, of 3119 Washington St., Jamaica Plain, charged with trafficking over 28 grams of heroin, use of a firearm while committing a crime, illegal possession of a firearm and illegal possession of ammunition arises from their arrest in Lynn on Jan. 15 when police arrested the pair at a South Common Street apartment following a noise complaint. Inside the apartment police found over more than three ounces of heroin, 93.8 grams, along with a firearm and $425 in cash, believed to be proceeds from drug sales. Irizary-Alvardo is also charged with being a felon in possession of a firearm in connection with the case. Assistant District Attorney Melissa Woodard is prosecuting the case for the commonwealth.AEI Environmental, LLC, of 36 Lockwood Road, Lynnfield, along with David E. Harder, Jr., of Lynnfield, no age or address available at this time, and Julie A. Rosati, of Lynnfield, no age or address available at this time, charged with multiple counts of violating the solid waste act, evasion of unemployment insurance contributions and violation of the clean air act. The charges involve the failure to provide the Massachusetts Department of Environmental Protection notice of removal of asbestos debris at various sites in Lynn, Marblehead and Beverly between 2009 and April of 2010. They also failed to comply with procedures required to prevent emissions to the air space. The indictments say the locations include the Village School and the Tedesco Country Club in Marblehead as well as the Lynn Woods School, Lynn Public Library, Thurgood Marshall School and the Lynn Fire Station as well as the Mayflower Hotel in Beverly. In addition they failed to contribute payments to the unemployment insurance trust fund with respect to their employees. Luiz Diaz, of Pelham, N.H., no age available at this time, is accused of conspiracy to make a false statement on a record for the protection of the environment last February in Marblehead in connection with the case. Assistant Attorney General Jesse Siegel is prosecuting the case for the state.Indictments are not an indication of guilt, rather it is a legal process that allows a case to be reviewed before a grand jury, who then determines if indictments are warranted in the case which will then be tried in Superior Court, allowing for a more severe punishment.