Watch CBS News

Wrong-way driver had 9 drinks at Saugus restaurant before crash that killed Massachusetts trooper, report says

The wrong-way driver in the Route 1 crash that killed Massachusetts State Police Trooper Kevin Trainor in May had been served 10 alcoholic drinks, nine of them at a Saugus restaurant, in the hours before the deadly collision, according to a new report.

Hernan Marrero, a 50-year-old man from Roslindale, also died when his Jeep collided with Trainor's cruiser in Lynnfield just after 2 a.m. on May 6. The 30-year-old Trainor had just finished a shift and was headed home when he heard about the driver going south in the northbound lanes and tried to stop him, investigators say.

Hearing scheduled for Saugus restaurant

The report released by Essex County District Attorney Paul Tucker Wednesday says Marrero started his night at an unnamed Waltham restaurant where he bought food and was given a complimentary drink. He closed out his tab at 7:42 p.m. and then drove 35 minutes to Tribu Mexican Kitchen and Bar on Route 1 North in Saugus.

"He made a social media posting of a margarita at Tribu with the caption 'Second stop!!!'" the report said. "Between 9:20 p.m. and 12:53 a.m., he was served a total of nine alcoholic drinks at Tribu."

Tucker said that toxicological testing after the crash showed Marrero's blood alcohol concentration to be 0.192, more than twice the legal limit in Massachusetts.

The report says the Alcoholic Beverages Control Commission "has issued notice to Tribu alleging multiple violations of civil regulations for serving alcoholic drinks after hours and for serving free drinks." A hearing is scheduled for July 28. 

The district attorney said that after review, he determined that criminal charges against the restaurant were "not sustainable." WBZ-TV has reached out to Tribu for comment.

Wrong-way crash report

Marrero left the Tribu parking lot at 1:56 a.m. and drove north on Route 1 to the "jug handle" in Peabody, which allows drivers to reverse direction onto Route 1 South. But despite clear signs that tell drivers "WRONG WAY" and "DO NOT ENTER," investigators say Marrero began traveling in the wrong direction.

"MassDOT traffic camera footage shows the Jeep enter the jug handle, graze a guardrail on the right, run a red light, take too sharp a left turn, and re-enter the northbound lane traveling southbound," the report says.

Marrero passed a dump truck at 2:02 a.m., and the driver called 911. He drove 1.8 miles before colliding with Trooper Trainor's cruiser at about 60 mph. 

screenshot-20260715-102150.png
An aerial view of the deadly wrong-way crash on Route 1 in Lynnfield. Massachusetts State Police

Trooper "likely prevented an even greater tragedy"

In response to Trainor's death and a string of wrong-way crashes in the state, Massachusetts recently announced a "massive expansion" of its wrong-way driving prevention system. In this case, however, a State Police crash reconstructionist determined that the crash was not a result of any problems with wrong-way signs in the area.

"I believe the collision was caused by the actions of Mr. Marrero and, furthermore, that his wrong-way operation of the Jeep ultimately resulted in his own death as well as the line of duty death of Trooper Kevin Trainor," Sgt. David Bergeron wrote.

Tucker said the evidence is consistent with early reports that Trainor heard the broadcast about a wrong-way driver on his radio and tried to stop him.

"[Trainor's] willingness to put his own life at risk to serve and protect the citizens of the Commonwealth likely prevented an even greater tragedy," Tucker said.

View CBS News In
CBS News App Open
Chrome Safari Continue