Park security guards fire multiple shots into SUV driving past curfew in Des Moines

 2754 2LINKEDIN 2COMMENTMORE

DES MOINES — An early morning run-in with security guards at Des Moines Water Works Park last month left an Iowa man with three bullet holes in the radiator of his SUV and a concern for others visiting the park.

Scott Richardson, 50, spent May 13 riding bikes with friends. The group stopped at a downtown bar and restaurant before Richardson returned to Water Works Park at about 1 a.m., three hours after the park had closed.

He loaded his bike onto his 2013 Jeep Wrangler and headed toward the exit. That’s when a car with flashing amber-colored lights pulled in behind him.

He said he did not stop because he assumed it was security — and not law enforcement — “making sure that I exited the park.” He knew he was approaching a gate that had a sensor to open it, so he continued driving.

When Richardson didn’t stop, the car pulled around him and blocked the exit. Two security guards got out of the vehicle.

One of the men fired three rounds from a 9mm handgun into Richardson’s engine. The guards from On Point Security Group, a private company based in Clive, Iowa, later told police they wanted to stop Richardson to tell him the park was closed and his vehicle could have been towed.

Both security guards told police that Richardson “kept coming toward them.” Peter Berger, an attorney representing On Point, said the guards reported that Richardson was “driving out of control.”

Richardson was arrested by police for operating while intoxicated. A preliminary breath test taken on scene showed Richardson’s blood alcohol content at .106. He registered .088 on a second breath test taken an hour later. The legal limit to operate a motor vehicle in Iowa is .08.

Richardson disputes that he was driving fast or erratically, and said he had come to a complete stop before the shots were fired into his car. The police report makes no mention of his driving style.

A Des Moines Police Department spokesman called the shooting questionable, but no charges were filed against the shooter.

Police have forwarded the case to the Polk County attorney, who will decide whether to file charges.

“I don’t know if we have overzealous mall cops taking matters into their own hands, but all indications are that’s exactly what we’re dealing with in this situation,” said Brad Schroeder, a Des Moines attorney representing Richardson. “And it should scare the heck out of everybody.”

http://ux-origin.usatoday.com/story/news/nation-now/2017/06/20/park-security-guards-fire-multiple-shots-into-suv-driving-past-curfew-des-moines/411843001/

‘Bachelor’ Alum Chris Soules Wants All Mention of Alcohol Banned From His Fatal Crash Case

Former reality TV star also doesn’t want the man who was killed in the incident referred to as a “victim”Tim Kenneally | June 16, 2017 @ 5:22 PMBuchanan County Sheriff’s DepartmentThere will be no drunk talk in the case against “Bachelor” alum Chris Soules. At least if he has his way.Soules, who was arrested and charged with leaving the scene where a death occurred in Iowa earlier this year, has filed a motion asking to suppress any alcohol-related evidence in the case against him.The motion reasons that the evidence should be suppressed because Soules tested negative for drugs or alcohol.ADVERTISINGAlso Read:Chris Soules Pleads Not Guilty to Leaving Scene of Fatal Accident“Any evidence, testimony, reference, or argument that, on the night in question, Mr. Soules: 1) purchased alcohol, 2) consumed alcohol, 2) drove while impaired, or 3) had beer cans in or around his vehicle” are inadmissible, the motion contends. “According to a report issued by the Iowa Department of Criminal Investigation’s (DCI) Criminalistics Laboratory, Mr. Soules’ specimens were negative for drugs and alcohol. The DCI conducted thorough toxicology testing on two separate samples – his urine and blood – and conclusively determined no detectable amounts of alcohol or drugs were in either specimen.”Soules was arrested at his home near Arlington, Iowa, following a fatal crash that left 66-year-old Kenneth Eugene Mosher dead. The former reality TV star was taken into custody after the pickup truck he was driving rear-ended a John Deere tractor, according to the Buchanan County Sheriff’s Office.In a May filing, Buchanan County, Iowa, attorney Shawn M. Harden said that Soules bought alcohol at a convenience store prior to the crash, ABC News reports.Also Read:’Bachelor’ Alum Chris Soules Formally Charged in Fatal CrashHarden also alleged that the reality TV veteran had “empty and partially consumed open” alcoholic beverages “located in and around his vehicle.”Friday’s motion also asked that Mosher not be identified as a “victim” in the case.“The State has not charged Mr. Soules with any crime asserting he is criminally responsible for the death of the decedent. Thus, it is wholly improper for the State or any witness to refer to the decedent as a ‘victim’ since such a reference inaccurately characterizes the events relevant to the instant charge and would not have any tendency to make the existence of any fact that is of consequence to the determination of this action more probable or less probable than it would be without the evidence and is more prejudicial than probative, will cause confusion of the issues and will mislead the jury as finders of fact,” the motion reads.Also Read:’Bachelor’ Alum Chris Soules Bought Alcohol Shortly Before Fatal Car Crash, Prosecutor SaysPreviously, Soules filed a motion to dismiss, contending that he satisfied the Iowa code governing conduct in such instances.According to court papers filed by the former reality TV star in Iowa district court, Soules — who gained notoriety as “Prince Farming” on the reality series — “unhesitatingly identified himself and his role in the accident” in a 911 call and “tried his utmost to resuscitate” Mosher.“Mr. Soules described the location of the accident and communicated with dispatch for approximately 5 minutes and 45 seconds while help was en route,” the court papers read. “The evidence will further show that emergency responders arrived on the scene shortly after Mr. Soules concluded his 911 call. Mr. Soules remained on the scene with those emergency responders for several more minutes before returning to his home.”Also Read:Former ‘Bachelor’ Chris Soules’ New Attorneys Say He ‘Acted Reasonably’ Following Deadly Car CrashSoules has pleaded not guilty.

Source: ‘Bachelor’ Alum Chris Soules Wants All Mention of Alcohol Banned From His Fatal Crash Case

Eight years, two trials and tens of thousands of dollars later, man guilty of traffic offence

After eight years, a pair of trials where he was twice found not guilty, and a trip to Canada’s highest court, an Ottawa construction worker accused of driving while impaired by marijuana has pleaded guilty to nothing more than a traffic offence.It’s the end of a long legal saga for Carson Bingley that started with erratic driving on Merivale Road in May 2009 and led to a Supreme Court decision that streamlined drugged-driving trials, just as the country moves toward legalizing marijuana by next July.On Monday, the 36-year-old pleaded guilty to careless driving under the Highway Traffic Act and was given a $1,000 fine and one-year driving prohibition. Court heard he swerved through traffic, drove in an opposite lane, then hit a parked car in a nearby lot.Bingley was criminally charged with driving while drug-impaired after allegedly failing a roadside sobriety test administered by a specially trained and certified police officer known as a “drug recognition expert” or DRE.MORE: With marijuana legalization, a new problem sprouts: How to test for high driversHe was taken to the police station, where he then underwent a 12-part evaluation for drug impairment that measures things like physical co-ordination, eye movement, blood pressure, pupil size and muscle tone. The evaluation, used across North America and Europe, was added to the Criminal Code in 2008 by the then-Conservative government.The results of Bingley’s evaluation — coupled with his admission that he had used marijuana hours earlier and taken two Xanax — led the DRE to conclude he was impaired by marijuana.But as Bingley’s experience has shown, proving cases of impairment by drugs can be difficult. Unlike alcohol, there are no approved roadside screening devices to determine precise levels of drugs in one’s system. Nor are there currently any legal limits on how much of a drug is too much to drive a car.In April, the federal government proposed new offences as part of Bill C-46 that will make it a crime to drive with more than two nanograms of THC, the active ingredient in marijuana, per millilitre of blood. The legislation will also authorize police to use oral fluid drug screeners at the roadside to determine whether drugs are present in the saliva of a driver they suspect has been using drugs. However, prosecutions will still rely on the evaluation by a DRE at a police station or the taking of a blood sample.Outside of court on Monday, Bingley insists he wasn’t impaired by drugs, which motivated him to keep fighting the charges for as long as he has. Bingley said many of his friends told him he should give up and just plead guilty.Bingley believes his experience illustrates the need for reliable tests to prove someone’s impairment.“By no means do I think people should be out there driving drunk or under the influence. I have a son, I have a family. I don’t want to see someone get hurt,” said Bingley, who has a dated conviction for possession of marijuana for the purpose of trafficking. “If they have that law, they need to have the proper instrument to calculate that with. You have to have the right instrument.”But Bingley’s lawyer, Trevor Brown, said he doesn’t believe the Crown’s decision to resolve Bingley’s case with a plea to a traffic offence is an indictment of the drugged-driving testing regime.“It probably says more about how you can successfully prosecute a case eight years later,” said Brown.In an emailed statement, the Ontario attorney general’s ministry said the Crown carefully considered the public interest in proceeding with a third trial given the history of the case and Bingley’s current circumstances.“Plea agreements are about achieving just and appropriate resolutions in criminal matters while ensuring the effective and efficient use of valuable court resources,” the ministry said.Since being charged in 2009, Bingley’s moved up from his job as an apprentice labourer to a construction supervisor. Bingley’s also the proud father of a one-and-a-half year old, he said.Eight years of court dates and being in constant legal limbo have been an emotional roller-coaster, said Bingley. He estimates the legal fight has cost him tens of thousands of dollars in legal fees and lost wages.However, Bingley’s lawyer said he remains concerned about the reliability of a DRE’s evidence given the “weaknesses and frailties” that were exposed during Bingley’s two trials.In both trials, the successful appeals of the not-guilty verdicts turned on issues surrounding whether a DRE was an expert witness. In the first trial, the judge accepted the evidence of the DRE as a “lay” opinion, but found there was a reasonable doubt as to Bingley’s guilt and acquitted him. At the second trial, the judge didn’t recognize the DRE

Source: Eight years, two trials and tens of thousands of dollars later, man guilty of traffic offence

Refusal to Take Test.

Hello, I have been charged with a dui but I refused to take any tests. I was parked and the police officer was inexperienced. It was his first dui arrest. I was fully aware of everything that was going on and wasn’t drunk. Just scared to take any tests because I have never been in trouble before. Would love to hear from you, thanks.

I can see two possible defenses already. Please call to set a consultation.

Impending Court Date

I have received my 3rd dui after 9 years with a bac over .20 my first court date is less then 2 weeks after the offence is that normal?

It is quite soon. You may ask to judge for more time to retain an attorney.

Assistant principal faces DWI charge after cars struck at graduation

HICKORY, North Carolina — An assistant principal at a North Carolina high school was charged with driving while impaired after he banged into two parked cars outside of the school’s graduation ceremony. Police in Hickory released a report Monday that said 46-year-old Jonathan Andrew Stiles was arrested in the parking lot of Catawba Valley Community College and charged with DWI. He was arrested Saturday afternoon just as graduation ceremonies for Bunker Hill High School in Claremont were beginning at the Hickory college.Neither Stiles nor the school’s principal returned messages seeking comment Monday.The police report said Stiles was angling into a parking spot when he banged into the side of one vehicle and then the front of another.

Source: Assistant principal faces DWI charge after cars struck at graduation | abc7chicago.com