Local officer sues Ohio State Highway Patrol for civil rights violations following arrest

AKRON, Ohio (WJW) — A local police officer is suing the Ohio State Highway Patrol, claiming a state trooper violated his civil rights when she arrested him for drunk driving.  The federal lawsuit claims the trooper had no reason to pull him over or charge him with being impaired.

Around 10:15 p.m. last Fourth of July, fireworks were lighting up the sky in Akron as Ohio State Trooper Kelsee Osborn followed a pickup truck northbound on Route 8 near I-77.  She pulled the driver over near Perkins Street, claiming he was speeding and weaving out of his lane.

“Why are you speeding like that?” the trooper is heard asking the driver in the dashcam video, provided by the State Highway Patrol.

“How much have you had to drink tonight?” she asked.

The driver, off-duty Northfield Village police officer Craig Wilson, says he drank one beer an hour earlier and was rushing to get home because his wife needed to leave for work.  Trooper Osborn administered several field sobriety tests.

The trooper tried to give a breath test, but the equipment malfunctions.  According to the video, Wilson refused to blow into the other trooper’s breathalyzer, questioning why they suspected him of being impaired.

“Just because you weren’t falling over, alright, doesn’t mean there’s not clues that I’m getting signs of other impairment,” Trooper Osborn said. “Your speech, you couldn’t maintain lanes, your speed was up and down, up and down, up and down and then yeah, the eyes are enough to arrest you, ok.”  

She then arrests Wilson, and reads him his Miranda rights.

“I counted the steps out loud. I had my hands down on my sides. I didn’t stumble,” says Wilson.

“You’re a patrolman, you know how to do these tests,” says Osborn.

“Me being a police officer is not a reason to arrest me for OVI,” Wilson responds.

Wilson was charged with OVI and weaving in marked lanes, charges prosecutors dismissed weeks later.

According to the lawsuit filed in U.S. District Court in Akron Wednesday against Trooper Osborn and the Ohio State Highway Patrol, the “dashboard video camera depicts no such ‘heavy swerving’ or marked lanes violations” and the “audio depicts him as being alert and speaking clearly.”

In a statement, the Ohio State Highway Patrol said, “We have the utmost respect for the legal process of our court systems.  With any litigation, we will engage with the process as the case moves forward.” https://fox8.com/news/local-officer-sues-ohio-state-highway-patrol-for-civil-rights-violations-following-arrest/

Man’s OWI conviction vacated by Supreme Court over warrantless blood draw, sent back to lower court

Gavel

The Iowa Supreme Court reversed the conviction of a Des Moines man who pleaded guilty to operating while intoxicated and sent the case back to Polk County Court last week. 

Brian McGee, 20, was charged with operating while intoxicated after allegedly causing a 2018 crash in which he and five others were injured. He pleaded guilty on July 22, 2019, and was sentenced to a year in jail, with all but seven days suspended. McGee was also ordered to pay a $1,250 fine and $10,000 in restitution to the victims before he appealed. 

Around 2 p.m. Dec 8, 2018, investigators said McGee was traveling at a high rate of speed and failed to yield before making a left turn, which caused a two-vehicle crash in the 1500 block of Euclid Avenue. Five occupants of the other vehicle were treated at a local hospital for injuries that were not life-threatening. 

One of the injured children needed 13 stitches, missed two weeks of school and was still scared of traveling in a car months later, Justice Edward Mansfield wrote in last week’s 5-2 decision.

McGee was found unconscious in his vehicle and had to be extricated from the driver’s seat before being transported to a local hospital. Medics at the scene noted a strong smell of marijuana, according to the ruling. 

At the hospital McGee was sedated and remained unconscious and could not consent to having his blood drawn.

An on-call Des Moines police officer did not attempt to get a warrant for the blood draw. The officer could have gotten a warrant, but said that at the time Des Moines Police Department policy only allowed officers to obtain warrants for blood testing non-responsive drivers for their OWI offense or if there were serious injuries or deaths in a crash, according to the decision. Your stories live here.Fuel your hometown passion and plug into the stories that define it

McGee briefly woke up around 4 p.m. a few moments after the officer requested that a nurse draw his blood. But McGee was incoherent  at the time and did not respond to questions, the decision said. 

He fell unconscious again and had his blood drawn without his consent at 4:10 p.m. Results showed traces of THC, the psychoactive component in marijuana, and non-impairing metabolites.

The Iowa Supreme Court agreed with the district court that the law was followed here. 

“Certifications do not expire in eleven minutes, at least without clearer evidence that the driver has become capable of refusing or consenting in the meantime,” the decision said. 

But the Iowa Supreme Court wanted the district court to consider a 2019 U.S. Supreme Court ruling that whenever probable cause exists to believe a driver committed drunk driving, a warrantless blood draw is almost always acceptable.

In that case, Gerald Mitchell was arrested in Wisconsin in May 2013 for operating while intoxicated. At a hospital, Mitchell was unconscious and did not consent to a blood draw, which showed he had a blood alcohol concentration of .222.

“If McGee had smelled of an alcoholic beverage rather than marijuana, there would be no doubt that Mitchell applies to this case,” Mansfield said. 

McGee’s erratic driving and the strong odor of burnt marijuana gave police probable cause to conclude he violated Iowa’s controlled substance laws, the decision said. But there was not enough probable cause to conclude he was driving drunk, Mansfield said. 

Pedestrian killed in hit-run near FDR Drive; man in custody on suspicion of DWI


NEW YORK (WCBS 880) – Police arrested a driver on suspicion of DWI after a pedestrian was killed in a hit-and-run crash near the FDR Drive on Manhattan’s East Side on Tuesday night, police said.logo: NYPD© Provided by WCBS Radio New York NYPDlogo© Provided by WCBS Radio New York

The pedestrian, a 29-year-old man, was attempting to cross a service road near the FDR Drive and E. 26th Street in Kips Bay when he was struck by a car around 10:15 p.m., according to police.https://www.dianomi.com/smartads.epl?id=3533

The man was found lying on the roadway with trauma to his head. The driver who hit him was nowhere to be found, police said.

The victim was taken to Bellevue Hospital, where he was pronounced dead.

About a half-hour later, officers responded to another collision on the northbound FDR Drive, near E. 53rd Street, police said.

Responding officers found a black 2007 Honda Accord disabled with a 23-year-old man injured behind the wheel, according to police.

Police determined that the Accord was the same vehicle that struck the pedestrian in Kips Bay.

The 23-year-old was taken into custody under suspicion of DWI and transported to Weill Cornell Medical Center, where he was being treated for minor injuries.

The NYPD’s Collision Investigation Squad is investigating the deadly crash.

The 29-year-old victim has not been identified. https://www.msn.com/en-us/news/crime/pedestrian-killed-in-hit-run-near-fdr-drive-man-in-custody-on-suspicion-of-dwi/ar-BB1gEoQO?ocid=hplocalnews

‘TIGER KING’ ZOOKEEPERERIK COWIE BUSTED FOR DUI AFTER CRASH

Erik Cowie, one of the “Tiger King” stars who you saw caring for the zoo’s exotic animals, was driving drunk when he crashed into another car … at least according to cops.

Law enforcement sources tell TMZ … Cowie was busted for DUI in Oklahoma after cops say they responded to a two-car collision on an interstate highway.

We’re told Cowie was driving one of the cars involved in the accident last month, and responding officers say he reeked of booze and bombed field sobriety tests.

Our sources say he admitted to having 2 beers before getting behind the wheel, and his blood alcohol content came in at 0.11.

Our sources also say, Cowie was put in handcuffs on the spot, and taken to jail where he was booked for driving under the influence. He’s already entered a guilty plea and will be sentenced on May 25.

Fortunately, law enforcement says no one in either vehicle was injured in the crash. https://www.tmz.com/2021/05/17/tiger-king-zookeeper-erik-cowie-dui-arrest-oklahoma-car-crash/

SEC Football Assistant Coach Reportedly Arrested For Drunk Driving

General view of the Kentucky football field.
General view of the Kentucky football field.

Kentucky wide receivers coach Jovon Bouknight was arrested early on Saturday morning by the Erlanger Police Department.

Bouknight was reportedly booked in the Kenton County Jail on charges of operating a vehicle under the influence of drugs and alcohol, as well as possession of an open alcohol beverage container in his vehicle.

Multiple reports state that Bouknight was driving 26 miles per hour over the speed limit when he was pulled over on Saturday morning. As of now, he’s scheduled to appear in court on May 14.

Kentucky is aware of this incident involving Bouknight. A spokeswoman for the Wildcats told the Courier Journal that this matter will be handled internally.

Bouknight joined Kentucky’s coaching staff back in March of 2020. Before making his way over to Lexington, he spent a year with the Oregon Ducks.

Oregon had a prolific passing attack under Bouknight, as his receiving corps had 298 receptions for 3,615 yards and 35 touchdowns in 2019. Prior to his stint at Oregon, Bouknight served as an assistant coach for Texas Tech and Utah State.

Kentucky has a lot of talent at wide receiver this year, especially after landing two marquee transfers in Tre’Von Morgan and Wan’Dale Robinson. However, that unit could take a major hit depending on what happens with Bouknight this offseason.

We’ll provide additional updates on Bouknight’s situation when they’re available. https://www.aol.com/sec-football-assistant-coach-reportedly-181338489.html