LOWELL — A 45-year-old Dracut man who was arrested in March was recently cleared of charges he impersonated a police officer, though he continues to face felony firearms charges in connection with the same incident.
Kevin Lessard, of Dracut, was arrested by Tyngsboro police on March 4, after he pulled his maroon Ford Crown Victoria with white flashing lights behind a woman whose vehicle was broken down on Pawtucket Boulevard near the Vesper Country Club.
Lessard, who was carrying a loaded gun and who had a police baton in his car, told the woman he would stay with her until a tow truck arrived, according to police reports.
Lessard was still at the scene when police arrived, and admitted he had a gun when asked, according to a police. Lessard did not have a firearms license, according to police.
Lessard was charged with impersonating a police officer, carrying a firearm without a license, possession of ammunition without an FID card, and carrying a dangerous weapon (police baton).
Lowell District Court Judge Daniel Crane dismissed the misdemeanor count of impersonating a police officer after Lessard’s attorney, Jennifer O’Brien, of Billerica, successfully argued there was no probable cause to charge Lessard with the offense, according to court records.
In a motion seeking to dismiss the charge, O’Brien said Lessard didn’t pull over the other driver, did not claim to a police officer or display a badge, and wore plain clothes.
O’Brien said in a motion that Lessard’s vehicle did not have red or blue lights, and that white flashing lights are legal. She said Lessard never removed the police baton from his car.
“The defendant never pretended to be a police officer,” O’Brien said in the motion.
A police report noted that Lessard wore black boots similar to those police officers wear, but O’Brien lambasted that detail in her motion to dismiss.
O’Brien noted that Lessard’s black work boots are “worn by almost every civilian male during the winter months,” and called the assertion the boots were evidence of impersonation “perhaps the epitome of straw grasping.
Lessard, who is free after posting $1,000 cash bail, did not immediately return a call seeking comment, nor did O’Brien, of Billerica.
Tyngsboro police Chief Richard Howe said he respects the court’s decision, but declined further comment.
Lessard is scheduled to return to Lowell District Court to face the remaining felony firearms charges on July 14.
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