PROVIDENCE, R.I. (WPRI) – Police and prosecutors in two states scrambled in the early morning hours of Sunday, trying to figure out if they could legally draw blood from a man suspected of driving drunk and killing a 10-year-old boy in a car crash in Plainville.

Michael Escolas, 42, of Oxford, was transported after the crash to Rhode Island Hospital in Providence after police said he rear-ended a family of six , killing the boy and injuring the other passengers.

Escolas told troopers he “drank a little” while attending a Kenny Chesney concert at Gillette Stadium. But investigators didn’t buy his story, saying he appeared drunk and was driving a stolen car, so they wanted to get a blood sample to confirm it.

But Escolas, who’s been charged with operating under the influence before, refused every attempt from police and medical professionals to have his blood drawn. And crossing state borders caused a jurisdictional headache for investigators.

“I asked Escolas if he would consent to a blood draw to be performed by hospital staff,” Massachusetts State Trooper Joel Devine wrote in a police report. “Escolas did not consent to a voluntary blood draw and signed a form acknowledging this.”

Crossing the border for a medical emergency is common in southeastern Massachusetts, as Rhode Island Hospital is the closest level-one trauma center for severely injured patients.

And while Rhode Island law allows medical professionals to forcibly draw blood from patients who are suspected of committing certain violent crimes, Massachusetts doesn’t have a comparable law.

In an early morning decision, the R.I. Attorney General’s office said the Rhode Island law couldn’t be applied in Escolas’ case because the crash happened in Massachusetts where people must consent to having their blood drawn. He refused to have his blood drawn — even for medical reasons.

His attorney didn’t immediately respond to a request for comment.

Escolas was eventually brought to the Massachusetts State Police barracks in Foxboro, where he also refused a breathalyzer test. Now, without proof of his blood-alcohol content, prosecutors will have to rely on other evidence to prove he was drunk.

Police said they could smell alcohol on Escolas and he appeared intoxicated in different ways. Police also said they recorded Escolas calling his wife after the crash, telling her “Still, still one too many, one too many. Messed up.”

Defense attorneys, however, routinely try to get such evidence tossed from a case before it is ever heard by a jury.

R.I. State Police Lt. Col. Robert Creamer said they will work with their Massachusetts counterparts if prosecutors seek to subpoena Escolas’ medical records — which is allowed under Massachusetts law.

A spokesperson for the Norfolk County District Attorney’s office declined to comment.

Escolas on Monday pleaded not guilty to 14 criminal counts, motor vehicle homicide with OUI liquor, OUI second offense and larceny of a motor vehicle. Police said he was driving a car stolen from a Vermont couple who were also attending the concert.

A judge ordered bail at $100,000. As of Tuesday, he was still in custody of the Norfolk County Sheriff’s Office.

At the Foxboro barracks, police said Escolas appeared confused about which car he had been driving. Troopers said Escolas told his wife, “It’s your car.” He later said, “Huh? You have the car?”

“I’ll find out what I did,” he said.

Tim White ( twhite@wpri.com ) is Target 12 managing editor and chief investigative reporter and host of Newsmakers for 12 News. Connect with him on Twitter and Facebook .

Thanks for signing up!

Watch for us in your inbox.

Subscribe Now

Daily Roundup

For the latest news, weather, sports, and streaming video, head to WPRI.com.