WALTHAM — After Mark Paul Fitzgerald allegedly sped down the Mass. Pike Friday afternoon with a man clinging to his hood, stopping after a couple miles when a Good Samaritan ordered him out of his Infiniti at gunpoint, the first thing he needed was a smoke.
“Fitzgerald seemed very upset and was smoking from a vape machine,” said a State Police report filed in connection with the bizarre case.
The report was made public Monday when Fitzgerald, 37, of Ashland, and Richard Kamrowski, the 65-year-old man who somehow escaped injury after his wild ride on the hood, were both arraigned in Waltham District Court on charges related to the incident.
Not guilty pleas were entered for Fitzgerald and Kamrowski, who were released on $500 bail and personal recognizance, respectively. Their lawyers said the men were fearful of each other during the tumultuous encounter.
“It was an incredibly scary experience,” said Kamrowski’s lawyer, Joseph Comenzo, outside the courthouse after his client’s arraignment on charges of disorderly conduct and malicious damage to a motor vehicle.
Comenzo said Kamrowski was traveling home from work at the time of the incident and wasn’t the aggressor. He said his client remained shaken up Monday.
“All he was looking to do is exchange information” with Fitzgerald after an initial accident, Comenzo said.
But Fitzgerald’s lawyer, Michael Chinman, told a different story in court as Fitzgerald was formally charged with assault and battery with a dangerous weapon on a person over 60, negligent operation of a motor vehicle, and leaving the scene of property damage.
“The other party [Kamrowski] was the aggressor here,” Chinman told the court.
Chinman said Fitzgerald was fearful of Kamrowski, and that after “minor contact between the vehicles” Kamrowski got out of his truck and appeared angry.
“There is zero indication of any damage to the other party’s car,” Chinman said in court.
Asked why Fitzgerald drove for so long with Kamrowski on the hood, Chinman said his client feared for his own safety.
“It was a difficult situation,” Chinman said. “He was in fear of what had happened.”
The State Police report laid out the sequence of events that stunned Pike commuters around 4:45 p.m. Friday in Weston.
According to the report, Fitzgerald told investigators he was traveling on Interstate 90 West in the left lane when his Infiniti SUV was struck by Kamrowski’s Ford F150 truck. Fitzgerald said traffic was “stop and go” when he later noticed Kamrowski walking up to his Infiniti.
The men exchanged words before Kamrowski allegedly grabbed a water bottle off Fitzgerald’s passenger seat, according to the report.
“Kamrowski then walked in front of the Infiniti,” the report said. “Fitzgerald stated that he then started to drive and Kamrowski jumped on the hood of his SUV and smashed the windshield with the water bottle. Fitzgerald stated that he was in fear for his safety so he started to drive with Kamrowski on his hood.”
The report said Fitzgerald added that “he had stopped several times and told Kamrowski to get off the hood,” but the older man refused, so Fitzgerald kept driving.
“About two miles up the road several cars boxed him in and he stopped in the median,” the report said. “He stated a man exited one vehicle and pointed a gun at him and asked him to exit the car and get on the ground.”
The gun-toting man was identified in court papers as Frankie Hernandez, 49.
Hernandez told investigators he was “in fear of the safety of the man on the hood,” the report said, so he drew his gun and ordered the driver out of the Infiniti. Kamrowski slid off the hood.
A responding trooper initially drew his service weapon when he saw Hernandez with the gun and told him to drop it. Hernandez shouted “I have an LTC,” or license to carry, and complied with the trooper’s order after it was issued a second time, the report said.
Hernandez was initially handcuffed but released without charge once investigators confirmed he had been acting as a Good Samaritan, records show.
Kamrowski also spoke to authorities.
He claimed Fitzgerald had drifted into his lane and struck his sideview mirror, the report said. Kamrowksi said he did not call 911 but wanted to exchange information with Fitzgerald, who had kept driving, according to the report.
Kamrowski eventually caught up to Fitzgerald on the highway and, when traffic stopped, got out of his truck and approached Fitzgerald’s Infiniti, he said. Kamrowski said he asked Fitzgerald to exchange information, but Fitzgerald indicated he wasn’t pulling over, according to the filing.
“Kamrowski stated that Fitzgerald then pulled his SUV forward almost striking him,” the report said. “ … Kamrowski then states that Fitzgerald drove forward more, causing him to jump onto the hood to not get run over by the SUV. Fitzgerald started to drive down the highway and Kamrowski smashed the water bottle into the windshield breaking it.”
Kamrowski, the report said, “then stated that [as] Fitzgerald continued to drive down the highway, he would speed up fast and hit the brakes fast, trying to get Kamrowski off the hood. Kamrowski stated at one point he felt the SUV was going about 60 to 70 mph. Kamrowski stated that he thought he was going to die.”
Witnesses also spoke to State Police.
One witness, Amir Schur, 46, told authorities he saw the two men arguing before Kamrowski ended up on the hood.
He said Kamrowski “jumped on the hood to avoid being run over” and the Infiniti would speed up and brake hard, “quickly starting and stopping attempting to throw Kamrowski off the hood,” the report said.
Another witness, Raymond Fuschetti, 31, said Kamrowski “appeared to be very angry as he approached” Fitzgerald’s Infiniti, the report said.
“Fuschetti stated that he could not see exactly what was going on, but thought they might be hitting each other,” the filing said. “ … He stated that Kamrowski walked in front of the [Infiniti] and jumped on the hood. The [Infiniti] then started to drive. He said the [Infiniti] would speed up and brake suddenly. He said several vehicles had the [Infiniti] blocked in, but it stopped and took off changing lanes and sped up to an estimated 70 mph” before it was boxed in for good.
Both defendants are due back in court on March 13.
