July 2017 DUI Arrests
On 07-30-2017 I was on patrol in the area of Market Street and W Front Street in Lewisberry Borough. I observed a vehicle driving in front of me with no registration lights. This vehicle was an orange colored coupe bearing PA registration JTW9938. Upon pulling the vehicle over I made contact with the driver, identified as Robert Herman Jr. While asking Herman for the vehicle documentation, Herman appeared dazed and confused. Herman’s story of where he was coming from did not add up due to the direction he was traveling. Herman’s eyes were blood shot and he appeared nervous. Herman advised he was a suspended driver. Upon asking if Herman smoked marijuana on this date he advised he did. Herman advised he smoked the marijuana just a few hours prior to me pulling him over. He also advised he had a small amount of marijuana on him. He then pulled out a clear plastic bag containing a few “buds” of marijuana from his pants pocket. He also advised there was a glass marijuana smoking pipe in the vehicle which was later found by police.
Field sobriety was conducted on Herman. Herman showed multiple signs of impairment
Herman was then arrested for DUI. He was taken to the York County Booking Center where he was read a DL-26 form. Herman submitted to a blood test. Hermans custody was released to the York County Sheriffs.
Upon searching a driver’s record for Herman, it showed he was DUI suspended and had his previous DUI in March of 2014 making him target 25.
Your Affiant is Patrolman Dean Bortner of the Newberry Township Police Department. On 07/06/2017, I was on duty, in issued uniform, operating a marked patrol vehicle.
At approximately 2334 hours, I was monitoring traffic in the 3000 block of York Haven Rd., when I saw a white Mercury travel south on York Haven Rd., which did not have any registration lights illuminated. I activated my emergency lights and siren to conduct a traffic stop at York Haven Rd., and Conewago Ave. The mercury was bearing Pennsylvania registration JSK8204.
Upon contact with the driver, I immediately smelled the odor of burnt marijuana coming from inside of the vehicle. I explained my reason for the stop and asked the driver for her license, registration, and insurance. While speaking with the driver her eyes were glassy and blood shot. The driver was identified as Chantel Turner by Pennsylvania drivers license. I asked Ms. Turner when the last time she smoked marijuana was and she stated a few days ago. I again asked Ms. Turner when was the last time she smoked marijuana and she stated an hour ago. I asked if she smoked inside of her vehicle and she stated yes. At this point I requested she submit to field sobriety tests.
Field sobriety tests were administered which yielded clues of drug impairment, which rendered her incapable of safely operating a motor vehicle. She was placed under arrest for DUI.
I transported Ms. Turner to York Central Booking, where I read the DL-26 implied consent form verbatim to Ms. Turner. Ms. Turner agreed to submit to a chemical test of blood. At 0037 hours on 07/07/2017, Phlebotomist Jaylssa Caban, withdrew two tubes of blood from Ms. Turner’s left arm. Tubes were sealed in our presence to be sent to NMS labs for analysis.
Received toxicology report from NMS Labs, which revealed Ms. Turner had 11-Hydroxy Delta-9 THC 10 ng/mL, Delta-9 Carboxy THC 160 ng/mL, and Delta-9 THC 21 ng/mL present in her blood at the time of testing.
On 07-20-2017 at 1549 hours the Newberry Township Police were dispatched to the area of Market Street and Third Street in Lewisberry Boro for a motor vehicle accident. Upon arrival to the scene, I met with the driver’s involved in the crash to determined what had happened and to obtain proper documentation for a crash report. While speaking with the driver at fault, Rhett Price, I noticed he was very talkative and fidgety. Price said he was traveling south on Market Street in Lewisberry Boro and was not paying attention to what was in front of him. He then struck the rear of a car in front of him that was turning right onto Third Street. Both car’s sustained major damage and had to be towed from th scene.
While interviewing Price I noticed he had body tremors, his eyes were blood shot and he had a very difficult time focusing on one task at a time. Price admitted to smoking marijuana in the past 24 hours. Field sobriety tests were completed on Price, which he showed multiple signs of impairment from marijuana, including but not limited to poor concentration and poor balance.
Price was arrested for DUI. He was taken to York Memorial Hospital for a blood draw. Once at the hospital he was read a DL-26 form where he consented to a blood draw. After the blood draw Price was taken to the York County Booking Center where his custody was turned over to the Sheriffs office.
Upon searching Price’s driving history, he had a prior DUI in the past 10 years making him target 25.
On June 25, 2017 at approx. 0215 hrs. while on patrol I observed a vehicle driving carelessly. While traveling on Lewisberry Road westbound the vehicle directly in front of my marked patrol vehicle was swerving in the lane of travel. The vehicle crossed and touched the center lines of the roadway. Lewisberry Road was newly paved and had a large shoulder without a fog line. The vehicle would swerve from one side of the roadway and back again. The vehicle was a silver Honda Accord with PA registration of ERY4017. While following the Honda the driver hits its breaks for no reason and dropped its speed approx. 15 miles per hour, for an unknown reason. I activated my emergency overhead lights and the vehicle began to speed up again. I activated my emergency siren and the vehicle then pulled over to the side of the roadway.
Upon approach I immediately observed an odor of an intoxicating beverage coming from the cab of the Honda. I requested from the driver his license and the vehicle’s information. I observed that the Honda had an expired inspection from February of 2017. The driver turned over drivers license number 29053309 belonging to a Joshua David Kapp. The photograph on the license matched the driver of the Honda. I explained to Mr. Kapp why I stopped him and asked if he had been drinking this evening. His answer was that he was down town and got an uber driver to take him home. After repeating the question Mr. Kapp admitted to drinking, “Yes Sir”. I observed that Mr. Kapp had red bloodshot eyes and a moderate odor of alcohol on his breath. His speech was slightly slurred. I requested that Mr. Kapp step from the vehicle and perform the standardized field sobriety tests, he complied. During the course of the tests Mr. Kapp had problems following instructions. He had to be told three times to keep his hand out of his pockets and still placed them back inside. The tests yielded many clues that Mr. Kapp was intoxicated to a point that rendered him incapable of safe driving. Mr. Kapp was taken into custody without incident.
Mr. Kapp was transported to the York County Booking center. At booking he was read over the implied consent form and agreed to give a blood sample to determine his alcohol level. Upon running his driving history is showed that Mr. Kapp has never been arrested for DUI in his past. After the blood was drawn Mr. Kapp was turned over to the Sheriff’s Department for processing.
Results received from NMS Labs. At the time of the arrest Mr. Joshua Kapp had the following in his blood.
Blood Alcohol Concentration 0.167%
Delta-9 Carboxy THC 15ng/ml Legal Limit 5.0
Delta-9 THC .60 ng/ml Legal Limit 0.5
On 07/05/2017 at around 2020 hours, a caller called into York County Control to report a white mini van bearing Pennsylvana registration ZKD3794, swerving all over York Road. Livingston was following the vehicle on York Road and observed this vehicle turn into the Susquehanna Speedway located at 690 York Road. I was dispatched the call and responded to the Speedway on York Road. Upon arrival I located the white mini van in the parking lot. At this time there were no occupants in the vehicle. I did look in the window of the van and could see an open beer can in a cup holder. I had located the driver of the vehicle inside of the business. He was identified as Kevin Steiner. Steiner advised he drove the van to the Speedway. He also advised he had a few drinks on this date but not when he arrived at the Speedway. While speaking with Steiner I observed him to have glassy blood shot eyes and had a very strong odor of an alcoholic beverage coming from his person. Steiner also had trouble keeping his balance. Field sobriety tests were then performed on Steiner.
Steiner show multiple signs of impairment and could not finish all three field sobriety tests I had administered. Steiner was then arrested for DUI.
Steiner’s van was unlocked and he requested me to get his keys from the van and lock it. Upon going into the van I observed an open beer can that was about 3/4 full and was still cold. This beer can was in a cup holder right next to the drivers seat.
Steiner was transported to the York County Booking Center where I had read a DL-26 form to him. Steiner signed the form and consented to a blood draw. On 07-05-2017 at 2146 hours, Jalyssa Caban a vascular access tech, drew two tubes of blood from Steiner’s left arm. This blood was boxed and sealed in my presence and will be sent to NMS Labs for testing. Steiner’s custody was turned over to the York County Sheriffs.
Upon searching Steiner’s criminal history, he had a DUI on 01-13-2017, making him target 25.
On July 1, 2017 at 0329 hours, The Newberry Township Police Department was dispatched to the Speedway gas station located at 55 Robin Hood Drive in York County. The caller stated there were two subjects on scene asking where their commercial truck was (tractor portion of a tractor trailer). The two subjects arrived in a white commercial truck. The caller advised they were asking where the closest Rutter’s gas station was so they could get their other commercial truck. The caller then told them where the Rutter’s was located, the two males got into the commercial vehicle and left. The caller stated that the truck passed through a stop sign without stopping.
As myself and Officer Tyson were on scene at the Speedway Gas Station, I observed 2 white commercial trucks get off I83 north bound at exit 34. Both of these trucks passed through a stop sign at the end of the off ramp without stopping. Both commercial trucks made a right onto Robin Hood Drive. I then got into my patrol car and followed them into the Valley Green Motors parking lot, located at 1550 Robin Hood Drive. I observed one of the trucks backing into a trailer to connect it to the truck. The second truck was backing into a parking space in the lot. I made contact with the driver of the truck that was hooking up to the trailer. He was identified as Rayman Washington by his California Driver’s license. I had Washington step out from the truck. Washington had a strong odor of alcohol coming from his person. I had witnessed Washington drinking several cans of alcohol a few hours prior at the Rutter’s located at 2215 Old Trail Road. Washington appeared disoriented and confused.
Washington was then administered field sobriety tests. Washington showed multiple signs of impairment, including a lack of balance and poor concentration. Washington was arrested for DUI. Washington is a CLD driver and is from California.
Your Affiant is Patrolman Dean Bortner of the Newberry Township Police Department. On 07/07/2017, I was on duty, in issued uniform, operating a marked patrol unit.
At 2311 hours I was dispatched by York County Control for a fainting class one a 3480 York Haven Rd., (Conewago Inn). York advised that there was a male in the driver seat of a vehicle and was unresponsive. The complainant took the keys from the males vehicle and stated that there was an open container of beer inside of the vehicle.
Upon arrival I was met by the complainant and his girlfriend who was attempting to wake the male up. I first started to shake the male and give him commands to wake up but he was still unresponsive. I next sternum rubbed the male until he woke up. I explained who I was and why I was there. I asked the male how much he had to drink and he could not remember. I explained that there was damages to his vehicle and asked what he had hit. He told me that he had hit a tree and later on when asked he stated that he had hit a bridge. As I was speaking with Mr. Williams a strong odor of an alcoholic beverage was coming from his person. I asked the male for his license and he was identified as Ryan Williams by Pennsylvania Photo Identification. I asked Mr. Williams where he came from and he stated no where I live here. I asked where he was and he stated 83. I explained to Mr. Williams that he was at the Conewago Inn. I asked how he got there and he stated I have no idea I thought I was at home.
Once in front of my marked patrol unit field sobriety tests were administered. I attempted to run Mr. Williams through field sobriety tests but he was unable to follow simple instructions. Mr. Williams made the statement “I’m definitely drunk, so there’s no need for this”. At this time I came to the belief that Mr. Williams had imbibed in a quantity of alcohol that rendered him incapable of safely operating a motor vehicle. Ryan Williams was placed under arrest for DUI. Search incident to arrest revealed a green container where Mr. Williams stated it was his heroin.
Mr. Williams was transported to York Central Booking Center. Once there he was read the DL-26 form verbatim and I requested that he submit to a chemical test of blood. Mr. Williams agreed and on 07/08/2017 at 0022 hour Phlebotomist Marissa Arena removed two tubes of blood from Mr. Williams left arm. Tubes were sealed in our presence and sent to NMS labs for analysis.
Criminal History revealed prior DUI arrest in June of 2009.
On 07/14/17 at approx 2256hrs this department was dispatched to the Burger King at 75 Robinhood Dr for a Motor Vehicle accident. The caller advised that a vehicle went down an embankment and is currently sitting in the parking lot of the Burger King. One male and one female ran off towards the Speedway. The vehicle is to be a Red Volkswagen. Complaint advised that the vehicle was to be leaking gas.
Upon arrival at approx 2305hrs. I observed a white male and female walking around the parking lot of the Burger King. I also observed the red Volkswagen PA, registration EKC 2955, and it was to be loosing a large amount of gas from the tank. Looking towards Two Brother Restaurant there were tire tracks coming down an embankment and then a line of fluid leading towards the car. I asked the male and female what was going on and the male advised that he had no idea why I was there. I then advised that I was there for the car leaking gas in the parking lot and he advised that it was not his car. I asked them what had happen. The male advised that she had been driving and she had looked over at him and the next thing they were going over the embankment. I asked the male what his name was and he advised Matthew Farner. The male had large glassy bloodshot eyes and the strong odor of alcohol coming from his breath and person. I asked them if they were ok and they advised that they were. I asked them where they were coming from and the female advised that they were coming from her house. I asked her where she lived and she advised the town homes. I requested that the Fire Department respond due to the leaking gas. She started asking me not to make this a big deal that this was the last thing that she needed. While she was talking I detected a strong odor of alcohol coming from her breath and person. She also had very large glassy bloodshot eyes. I asked her for her drivers license and she handed me a PA drivers license # 25068750, issued to a Trisha R Lebo. The photo matched the driver. I asked her if she had anything to drink this evening and she advised that she had had two drinks. I asked her how long ago and she advised that she had two beers within the last two hours. I asked her what type of beers and she advised 40’s. I asked her again that she had two 40’s in the last two hours and she started saying that she was kidding. She then started saying that she had been driving all day and that they had been at her house and that Matthew was hungry and they were going to get something eat. She had just missed the turn and went down into the parking lot.
I had Farner sit down on the curb and I had Lebo walk over towards the side of my car away from her vehicle and the gas. As she was walking she appeared to be unsteady on her feet. While speaking with her she would start one story and then start immediately into another without finishing the first story. I asked her again what time did she start drinking and she advised that she started around 1600hrs. I asked her if she had been at Two Brothers bar and she advised no. I asked her to put her purse on the hood of my patrol car. She complied. Then I asked her to submit to some field coordination tests and she started saying that it was in her right not to. She advised that she was refusing the test but would submit to a blood test. I advised her that I was placing her under arrest for DUI at this time. I had her turn around and started placing her in restraints and she started pulling away. I advised her to stand still, she complied and I put both restraints on her. She again started pulling away being verbally combative. I started double locking the cuffs after ensuring a proper fit. I then had her spread her feet and was searching her when she again pulled away and started walking towards the front of my car. I told her to stop resisting and I told her where to stand and started searching her again. She again pulled away and kicked back with her right leg. I advised her to stand still and stop moving around. Lebo then tried pulling away again and I pushed her up against my patrol car to prevent her from moving. Her sunglasses fell onto her face and she asked that I remove them, which I did. I stated searching her again and she again pulled away and kicked back striking me in the right leg. I then used my forearm against her shoulder blades and pushed her up on the hood of my patrol car. I again told her to stop resisting and to do as she was told. During this entire time Matthew Farner was telling Lebo to calm down and to do as I said. At this time Ofc Vozzella arrived and assisted me in placing Lebo in the rear of my patrol car. She was place in the rear and then seat belted in. She then started telling me that she would tell me everything that happened and I would not believe her.
I then spoke with Farner and again asked him what happened and he advised that they had just pulled out from Two Brothers and she had looked over at him and then went over the hill. I went back to the patrol car and Lebo had removed her seatbelt and had moved herself to the other side of the car. I had her come back to the passenger side of the vehicle. She asked that I reposition the right hand cuff because her wrist had turned and I complied and again double locked them. She then tried getting out of the car and I again placed her in the safety belt. She again started becoming verbally combative.
Due to her being in a MVA, and requesting to see medical help, I responded to Memorial Hospital for a pre-lock up and BAC. While en route she continued to be verbally combative and then civil then combative again. Upon arrival at the ER Lebo started becoming belligerent and had to be told several times to stop cursing. After being admitted she was placed in a side room where a pre-lock up was preformed. While waiting for the doctor she was again going through the drunk high lows. and had to be told several times again to stop cursing. We then went into the room to perform the BAC and as soon as we walked into the room she started becoming verbally combative. She asked what were we doing there and I told her that we were doing a legal blood draw. I started taking her restraints off, before I could say anything else she pulled away from me and said that she was not doing this. She then started to struggle with me advising that she was not doing this and continued to be verbally combative with me and hospital staff. It was conveyed that she was a refusal. Do to these circumstances the DL-26 was not able to be read.
Lebo was then escorted out to back out through the ER where she continued to be belligerent and tried pulling away from myself. She was restrained by myself and hospital security. At which point she attempted to kick myself in my left leg and then attempted to kick the security guard. At this point she was carried out to the parking lot and placed in the rear of my patrol car.
On 05/20/2017 I was working patrol in full uniform in marked patrol unit number 48. At 0132 hours I was traveling East on Lewisberry Rd. when I came upon a vehicle stopped on the side of the roadway in the area of Loop Rd. The vehicle was a red Ford Explorer bearing PA registration GSN3438.
The vehicles brake lights were on when I activated my emergency lights. The brake lights on the Ford then went off. I then made contact with the driver of the Ford, a white female. The driver was later identified as Tessa Swartz by her PA driver’s license 27524742 and photo. Ms. Swartz stated she had to admit she had a drink at the bar.
Ms. Swartz advised the two females in her vehicle who got into an altercation. Ms. Swartz advised she started driving, then they started to fight in Ford. Ms. Swartz stated she was unable to drive with them fighting so she pulled over telling them all to get out. I then asked Ms. Swartz how much she had to drink tonight. Ms. Swartz advised she has had three beers since 1800 hours. I then asked Ms. Swartz where they were coming from. Ms. Swartz advised the lake, we were coming from the Lake (Silver Lake). I asked Ms. Swartz who threw the cans out of the the Ford. Ms. Swartz advised she did not throw the cans out of the Ford. Ms. Swartz then advised they had a girls night out, so they went out drinking.
While I was speaking with ms. Swartz she had glassy blood shot eyes. I could also smell that of an alcoholic beverage coming from her breath and person. I then asked Ms. Swartz to step out of the Ford. I then asked Ms. Swartz to submit to field sobriety test, she advised she would.
During the field sobriety test Ms. Swartz showed signs of being impaired and incapable of safely driving a motor vehicle. A PBT was provided to Ms Swartz. The result of the PBT was 0.194%. I advised Ms. Swartz to put her hands behind her back, advising her she is under arrest for driving under the influence. I placed handcuffs on Ms. Swartz with her palms facing outward, double locking the handcuffs to ensure proper fit.
At 0159 hours I transported Ms. Swartz to central booking. At 0216 hours I arrived at central booking where I read Ms. Swartz the DL-26. I asked Ms. Swartz if she would submit to a chemical test of blood, she advised she would. At 0235 hours Phlebotomist Jalyssa Caban drew two gray capped tubs of Ms. Swartz’s blood from her left arm. I then observed Phlebotomist Caban seal the two gray capped tubs of Ms. Swartz’s blood with seals initialed by Ms. Swartz. York County Sheriff’s office then took custody of Ms. Swartz.
In the vehicle there were multiple open cans of Miller Lite. The inspection on the Ford was expired 02/2017.
The results from NMS labs for Ms. Swartz’s blood are as follows:
Ethanol 179+ – 11 mg/dL 001- Blood
BAC 0.179 + – 0.011 g/100 mL 001- Blood
Delta-9 Carboxy THC 5.7 + – 1.1 ng/mL 001- Blood
Delta-9 THC 0.65 + – 0.14 ng/mL 001- Blood
Your Affiant is Patrolman Taylor Nauma of the Newberry Township Police Department. On 06/10/2017, I was in issued uniform, operating a marked patrol vehicle.
At approximately 0218 hours., while turning around to follow a vehicle I observed a white sedan at the intersection o Reesers Hill road and York Haven road. The vehicle failed to stop at a clearly posted stop sign before making a right on to York Haven road. I then proceeded to travel west on York Haven road behind that vehicle. I observed the vehicle make contact with the double yellow line twice and then the vehicle swerved over the fog line two separate times as well. I then initiated a traffic stop in th 1800 Block of York Haven road on a white sedan bearing PEnnsylvania registration JSD-8883.
I made contact with the operator, Rachael Peeling, who was later identified by Pennsylvania driver’s license number 31041819. While speaking with Ms. Peeling she admitted to consuming alcoholic beverages. I also detected the odor an alcoholic beverage coming from her breath and person.
A short time later I returned and requested that Ms. Peeling step out of the vehicle to perform standardized field sobriety tests. Field sobriety tests yielded clues of impairment, a PBT was administered which detected the presence of alcohol.
At this point I came to the belief that Ms. Peeling had imbibed an a quantity of alcohol that rendered her incapable of safely operating a motor vehicle. Ms. Peeling wa placed under arrest for DUI.
I transported Ms. Peeling to York Central Booking Center. Once there I read the DL-26 implied consent form verbatim and asked Ms. Peeling to submit to a chemical test of blood. Ms. Peeling agreed to do so and at 0309 hours. on 06/10/2017 Phlebotomist Jalyssa Caban removed two tues of blood from Ms. Peeling’s left arm. Tubes of blood were sealed in our presence ad sent to NMS Labs for analysis.
Received the Toxicology report Rachel Peeling had a BAC of 0.11% at the time of testing.
Your Affiant is Patrolman Taylor Nauman of the Newberry Township Police Department. On 06/10/2017, I was on duty, in issued uniform, operating a marked patrol vehicle.
At approximately 0053 hours., this Officer was traveling east on York Haven road., in the area of Cly road., when I observed a vehicle turn onto York Haven road, from Cly road. In doing so the vehicle drifted over the fog line completely with its passenger side tire. As I continued to follow the vehicle it made contact and crossed over the fog line tree separate times. It was at this point I initiated my traffic stop on a blue Mercury bearing Pennsylvania registration JYL-5071.
I made contact with the operator, Cathy Stern, who was later identified by Pennsylvania driver’s license number 22822498. While speaking wit Ms. Stern I observed her having glassy eyes ad I detected the odor of an alcoholic beverage coming from her breath and person. Also while speaking with Ms. Stern she admitted to consuming several alcoholic beverages.
A short time later I returned to the vehicle and requested Ms. Stern to submit o standardized field sobriety tests to which she agreed. Field sobriety tests were attempted to be administered but Ms. Stern was unable to comprehend my simple instructions. Because of that along with my concern for Ms. Stern’s safety I decided to conclude the tests. Ms. Stern was then placed under arrest for DUI.
I transported Ms. Stern to York Central Booking Center, where I read the DL-26 implied consent form verbatim to Ms. Stern, Ms. Stern then agreed to do so and at 0149 hours, on 06/10/2017 Phlebotomist Jalyssa Caban removed two tubes of blood from Ms. Stern’s left arm. Tubes of blood were sealed in our presence and sent to NMS labs for analysis.
Received toxicology report from NMS labs, which revealed Cathy Stern had a BAC of 0.260 and 29ng/mL of Delta-9 Carboxy THC along with 1.8ng/mL of Delta-9 THC at the time of testing.