August 2017 DUI Arrests
At approximately 2240 hours, this Officer was traveling east on York Haven Rd., and Midway Rd., when I observed a white Nissan with a head light out. I turned around and began to follow the Nissan west on York Haven Rd., and the Nissan then made a right onto Valley Green Rd. I activated my emergency lights and siren to conduct a traffic stop in the 2200 block of Valley Green Rd. The Nissan was bearing Pennsylvania registration JZG2770.
I made contact with the driver who did not have proper identification with her. The driver provided me with the name of Cindi Dietz. While on the traffic stop, I immediately saw that Ms. Dietz could not sit still and had very constricted pupils. I asked Ms. Dietz about any drug use and she admitted to me that she had taken vicodin approximately four hours ago. At this point I requested she submit to field sobriety testing.
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.
While searching Ms. Dietz in front of my patrol unit, a crack pipe fell from between her legs and broke onto the ground. Ms. Dietz then admitted to smoking crack and did not have any more on her.
I transported Ms. Dietz to York Central Booking. While at York Central Booking Ms. Dietz explained to me that she had lied about her name and Cindi Dietz was her sister. She then provided me with a name of Sherry Jones. I then read the DL-26 implied consent form verbatim to Ms. Jones. Ms. Jones agreed to submit to a chemical test of blood. At 0017 hours, Phlebotomist Jalyssa Caban, withdrew two tubes of blood from Ms. Jones left arm. Tubes were sealed in our presence to be sent to NMS labs for analysis.
Driving history check revealed Ms. Jones driving privileges were suspended DUI related and she had a prior DUI in November 2015
On 08/12/2017 was working patrol in full uniform and in marked partol unit fourty-three (43). I overheard Fairview Twp PD was getting a call about an erratic driver leaving from the Silver Lake Inn. The complaint advised she saw a white female stumble out to a silver Ford stationwagon, get in the driver seat and drive off. While on on patrol traveling west in 3500 block of Lewisberry Rd. when I observed a vehicle’s headlights turn on off to the side of the road.
As I was approaching the vehicle I could see that the vehicle was off in the grass in what looked to be a ditch. The vehicle then made a sharp right turn out onto Lewisberry Rd. traveling east. I turned around getting behind the vehicle. I then activated my overhead emergency lighting and siren. The vehicle, a silver Ford Explorer pulled to the side of the road, the vehicle then jerked to the left. As the Ford was slowing to a stop it made another jerk to the right. The Ford was bearing PA registration JYR0559. This was to be the same Ford stationwagon that left the Silver Lake in.
I approached the Ford on the driver’s side. I made contact with the driver, a white female. As I was making contact with the female she advised me the music was not going to shut off until she opens the door. The female then opened the door to which I stopped her from opening it any further with my right hand. I advised the female who I was and the stop was being recorded. I then asked the female for her driver’s license, registration, and insurance card. The female then asked if the title for the vehicle would work, I advised her no. I advised the female again I needed her driver’s license, registration, and insurance. I then asked the female where she was coming from. The female advised she was dropping off a friend at her house. I then asked the female why she got stuck in the ditch. The female advised she had lost her phone while driving so she was looking for it, which made her get stuck in the ditch. I then asked the female if she had been drinking. The female advised she had a beer about five hours ago, then advised she would take a breathalyzer. The female advised she is a bar tender. I asked the female where she bartends, she advised Boomerang Bar and Grill. I then asked the female her name, she advised Brittany Eaton. Ms. Eaton then provided me with the registration and insurance card. I then asked Ms. Eaton if she had her driver’s license on her. Ms. Eaton then started looking through the glove box and center console of the Ford. As Ms. Eaton was looking thought the center console I observed her pick up a PA photo identification card and put it down. The identification card had the name, Brittany Eaton on it. Ms. Eaton then provided me with a PA drivers license with her name on it but then said oh wait its expired. Ms. Eaton then started looking for again. I advised Ms. Eaton I would be able to use the one she gave me. I asked Ms. Eaton if she was willing to do some field sobriety test, she advised she was.
Field sobriety tests completed by Ms. Eaton showed signs of being impaired and incapable of safely operating a motor vehicle. A PBT was provided to Eaton. The result of the PBT was 0.138% BAC. I then advised Ms. Eaton to turn around and put her hands behind her back. I then placed handcuffs on Ms. Eaton with her palms facing outward, double locking them to ensure proper fit. I advised Ms. Eaton she was being arrested for driving under the influence. I then placed Ms. Eaton in the rear passenger side of my vehicle, car fourty-three.
At 2353 hours I transported Ms. Eaton to the booking center. At 0010 hours I arrived at the booking center. I then read the DL-26 form to Ms. Eaton. I asked Ms. Eaton if she would to submit to a chemical test of blood, she advised she would. At 0031 hours Phlebotomist Chelsea Talbot drew two gray capped tubes of Ms. Eaton’s blood from her left arm. Phlebotomist Talbot then sealed both gray capped tubes of Ms. Eaton’s blood in my presence with seals Ms. Eaton initialed.
On 08/21/2017 I received blood results from NMS Labs for Ms. Eaton.
Ethanol 145+ – 9 mg/dL 001-Blood
BAC 0.145+ – 0.009 g/100mL 001- Blood
Methadone 350+ – 70 ng/mL 001- Blood
EDDP 23+ – 5 ng/mL 001- Blood
Upon search of Ms. Eaton’s driving history it was found Ms. Eaton’s drivers license is suspended
On 08/11/2017 I was working patrol in full uniform and in marked patrol Unit fourty-three (43). At 2147 hours I was dispatched to Burger King 75 Robinhood Dr. for an erratic driver.
The complainant, Nathan Blazer, advised he was driving home heading north on I83 just passing Exit 32 for Newberry Town. Mr. Blazer advised he saw a red sedan traveling down the exit ramp for the weigh station, almost going through the closed gates to the weigh station. Mr. Blazer advised the sedan then swerved into the lane to travel north past the weigh station. Mr. Blazer advised as the vehicle was traveling north it was riding on the shoulder of Interstate 83, driving about twenty miles per hour. Mr. Blazer advised the sedan then took the Yocumtown exit. Mr. Blazer advised the sedan made a right turn onto Old Trail Rd. to travel past the Walmart heading east. Mr. Blazer advised as the sedan was traveling east on Old Trail Rd. he observed it cross over the double yellow lines multiple times. Ms. Blazer advised at on point the sedan almost had a head on collision with another vehicle traveling westbound. Mr. Blazer advised the sedan then made a left turn onto Robinhood Dr. Mr. Blazer advised the vehicle then made a left turn into the Burger King off of Robinhood Dr. Mr. Blazer advised the sedan then went into the drive through.
I arrived on scene locating the suspect vehicle at the drive-through window. I pulled in front of the vehicle activating my emergency lights, blocking the path to leave. I approached the sedan and started speaking with the driver. I asked the female where she was coming from. The female advised she was coming from the Rutter’s. I asked the female if she had been drinking tonight, she advised no. I then asked the female if she had gone into the opposing lane of travel when she took the exit off Interstate 83, she advised she did not think she did. I then asked the female if she had any identification. As the female was getting her identification I advised her everything was being recorded. While speaking with the female she was slurring her words and had glassy blood shot eyes. The female provided me with her PA driver’s license, 32232011 identifying her as Marielle Belaval. The photo on the driver’s license matched Ms. Belaval. I then asked Ms. Belaval if she could step out of her vehicle so I could speak with her. Ms. Belaval advised she would. As Ms. Belaval was walking to the front her vehicle he was un-steady on her feet and using the wall of Burger King to support herself. While speaking with Ms. Belaval I could smell that of an alcoholic beverage coming off her person and breath. I then asked Ms. Belaval if she was willing to do some filed sobriety test’s, she advised she would.
Field sobriety tests completed by Ms. Belaval showed signs of being impaired and incapable of safely operating a motor vehicle. A PBT was provided to Ms. Belaval. The result of the PBT was 0.112 % BAC.
I asked Ms. Belaval if she had anything to drink tonight. Ms. Belaval advised she had a beer at Rutters with her friend. I advised Ms. Belaval to turn around and put her hand behind her back. I placed handcuffs on Ms. Belaval with her palms facing outward, double locking them to ensure proper fit. I advised Ms. Belaval she was being arrested for DUI. I then escorted Ms. Belaval to the passenger side of my vehicle, fourty-three (43), placing her on the passenger side rear.
At 2221 hours I transported Ms. Belaval to the booking center. While enroute to the booking center I observed Ms. Belaval fall asleep then wake back up. At 2239 hours I arrived at the booking center. I then read Ms. Belaval the Dl-26 form. Ms. Belaval decided to talk over me while I was reading her the DL-26 form. I asked Ms. Belaval if she would submit to a chemical test of blood, she advised she would. I then watched as Phlebotomist Jalyssa Caban attempted to draw blood from Ms. Belaval’s left arm but was unable to do so. At 2303 hours phlebotomist Caban drew two gray capped tubes of Ms. Belaval’s blood from her left hand. Phlebotomist Caban then sealed both gray capped tubes of blood in my presence with stickers that Ms. Belaval initials.
I received blood results from NMS labs for Ms. Belaval.
Ethanol 110 + – 7 mg/dL 001- Blood
BAC 0.110 + – 0.007 g/100 mL 001- Blood
Clonazepam 2.7 + – 0.6 ng/mL 001- Blood
7- Amino Clonazepam 5.1 + – 1.2 ng/mL 001- Blood
Alprazolam 39 + – 9 ng/mL 001- Blood
On 08-19-17 at approximately 0220 hours I was sitting observing traffic at the intersection of Valley Rd. and the entrance to Shelley’s Riverview development. I observed a red Chevrolet Avalanche drive past my location heading North on Valley Rd. I pulled out from my location to follow the vehicle and observe its driving habits. As I did so I observed the truck driving in the opposite lane of travel. I immediately activated my overhead lights and initiated a traffic stop. While doing so I observed the truck slow down and put on its turn signal. I then observed the truck de-activate its turn signal and speed back up slightly. I sped up and got close to the vehicle to advise YCC of the Pa registration YZY3973. After following the truck for approximately 100 yards it activated its turn signal again and pulled over.
I then made contact with the driver of the vehicle and advised him for the reason of the stop. The driver advised that a deer had ran out in front of him thus the reason for him driving on the wrong side of the road. I did not observe said deer on the roadway. However, during this conversation I observed the driver to have bloodshot, glassy eyes and slurred speech. I asked him how much he drank tonight and he advised he had a few cocktails. I then advised him that I needed his license, registration and proof of insurance. The driver advised me he didn’t have a drivers license. I asked him for his identification card to which he supplied a PA ID card which identified him as Bradley K. Bush whose picture matched that of the driver. I then had to ask Bush for the registration and insurance card again to which he provided same. While retrieving those documents Bush advised me that he really does not want to go back to jail and advised that he gets his drivers license reinstated in a few days. While Bush was retrieving his documents I observed a red solo cup filled with a beverage that appeared to be alcoholic due to its color sitting in the drivers side center console. Later in the stop Sgt. Farren smelled the beverage in the red solo cup and advised that it did smell of an alcoholic beverage.
Once I had all of Bush’s documents in hand I asked him to step out of the vehicle to perform field sobriety testing. Bush complied and did same. During this testing I observed Bush exhibit several clues of intoxication.
After the third field sobriety test was completed I placed Bush into custody for suspicion of DUI. I then transported Bush to Central Booking. While responding to Central Booking, Bush began to get angry advising that I am good friends with Scott Hockenberry, former Police Chief of Fairview Twp. P.D. and he put myself up to arresting Bush. Once at Central Booking I entered into the Sally Port area and un-handcuffed Bush and advised him to walk through the metal detector. Bush did same and set off the alarm at his waist area. I advised Bush to remove his belt. Bush did same and threw his belt in my direction. I reached down to pick up Bush’s belt while he walked back through the metal detector. While doing this Bush then advanced towards me and squared up to me. I advised Bush to step back and not square up to me. Bush started throwing his hands in the air and advise that he will square up to me if he wants. Bush advised for me to take my gun belt off and fight him. I advised Bush to walk towards the entrance into the booking center when the doors open and pointed in the direction he needed to walk. I advised Bush of this several times while he continued to make threats of fighting me. The doors then opened and Bush began to walk towards the doors. Once near the entrance to the doors Bush then squared back up to me. I attempted to grab Bush’s right arm and put him in an arm bar to escort him into the booking center but Bush pulled away and resisted. Several Sheriff’s Deputies then assisted me in attempting to get Bush under control. After what felt like several minutes of attempting to control Bush I yelled to the Sheriff’s if they had an available taser. They advised they don’t and for myself to taser him. I attempted to deploy my taser on Bush but had it knocked out of my hands while attempting to do so. Sheriff Deputy Everhart retrieved my taser and was able to deploy it into Bush’s stomach. The taser did not deliver the desired affect. After several minutes of wrestling with Bush he finally was placed into a stabilizing chair where he was tied down at the arms, legs and chest.
I then completed the intake paperwork for the booking center. Once done with that I approached Bush and read him the DL-26 form verbatim. While doing this Bush yelled at me to fuck off and stop wasting my breath. Bush then refused to give a sample of blood as requested. I later returned to the station and completed a drivers history report which showed Bush as being a DUI Suspended driver. The report shows Bush as being arrested for DUI in 2003, 2006 and 2011.
On August 14, 2017 at approx. 2030 Hrs. while on patrol I came upon a accident at 2291 Old Trail Road. The accident was involving a single vehicle that ran into a telephone pole. The driver was still behind the wheel of the vehicle. Her vehicle, 1998 gray Jeep Grand Cherokee with Pennsylvania registration GKZ9919, was traveling Northbound on Old Trail Road. The driver reports that she observed a vehicle exit Stevens Road and she jerked her vehicle to the right, the Jeep left the roadway and struck Met-Ed Pole 26757-29198. The vehicle then came to a stop in the roadway blocking both lanes of travel. The driver reports no injuries. I had the driver exit the vehicle and provide her drivers license. The driver turned over Pa. drivers license 31041819 belonging to Rachel Peeling. The photograph on the drivers license matched the driver of the Jeep. Upon speaking to Ms. Peeling I observed that she had a slight odor of an intoxicating beverage about her breath and person. Ms. Peeling had a moderate slur to her speech. Her movements were very slow and unsteady. Ms. Peeling had no visible head injuries but seemed to have very relaxed inhibitions. She stumbled when walking and lacked any type of balance and coordination.
I asked Ms. Peeling if she was drinking this evening and she denied drinking alcohol. I explained to her my observations and she then admitted to drinking one beer earlier. I requested that she sit in the back of my patrol vehicle while I secured the accident scene. While retrieving her vehicle’s information I observed a plastic baggie in the center console that had a small amount of dried vegetation and a moderate odor of Marihuana. The vehicle’s registration card and insurance card was found and taken from the Jeep. I returned to Ms. Peeling and had her step from my patrol vehicle. I requested and she submitted to the standardized field sobriety tests. The tests yielded many clues that Ms. Peeling was under the influence to a degree that rendered her incapable of safe driving. I explained to Ms. Peeling that I observed a plastic baggie with Marihuana residue in her vehicle. She admitted to using marihuana yesterday but denied having any marihuana today. Ms. Peeling was taken into custody without incident. While in custody she was read over the implied consent form and agreed to submit to a blood test to determine her BAC level and level of drugs in her system.
Ms. Peeling was asked several times if she had ever been arrested for driving under the influence and she denied ever being arrested. While enroute to Memorial Hospital she fell asleep several times in the back of my patrol vehicle. At Memorial Hospital she submitted to having her blood drawn. She again was asked if she had been previously arrested for DUI and again she denied having been arrested. While at the hospital Ms. Peeling was asked if she needed medical attention and denied having any injuries. Ms. Peeling was asked if she had any pain and needed to see a doctor for treatment, she denied any medical attention. Ms. Peeling was then transported to the York County Booking Center. She was turned over to the Sheriffs department for processing. Upon running her criminal record is was discovered that she had been arrested on 06/10/2017 by Newberry Twp. Police Department for Driving Under the Influence.
On 07-21-17 at approximately 1745 hours I was dispatched by York County Control to a rollover vehicle crash at 1575 Erney Rd. While responding YCC advised it was a single vehicle crash and the driver appeared to be intoxicated trying to leave the scene.
Upon arrival I observed EMS speaking to a female who was leaning on a car in the driveway of 1575 Erney Rd. The female appeared to be the subject involved in the crash. I asked her if there was anyone else in the vehicle and she advised that there was not. I asked EMS to stay with the female while I checked the vehicle for other passengers in the event that the female was not correct. Upon checking the vehicle I observed a bottle of Smirnoff Vodka in the cabin of the car. The car indeed did not have any other passengers inside. I then returned to the female subject.
Upon returning to the female subject I asked her for her name and she identified herself as Teresa Loucks. I asked Loucks where she was coming from and she advised she had just left her house. I then asked her how much she had to drink today and she advised she had three drinks. I inquired about the bottle of vodka in the car and she advised that she did not start drinking that yet. During this conversation I observed Loucks to have slurred speech and was unable to stand steadily. I then requested that Loucks submit to field sobriety testing. Loucks advised she would but has problems with her vision and that he leg locks up occasionally.
I requested that Loucks walk to the center of the roadway with me. While walking towards the center of the roadway I observed Loucks to have bad balance. I decided to skip the Horizontal Gaze Nystagmus test and continued with Walk and Turn due to Loucks stating she had problems with her vision. I gave Loucks the instructions for how to start the Walk and Turn Test. While beginning to give the instructions I noticed Loucks was wearing flip flops and offered for her to take them off. Loucks did same. I then gave the instructions for the Walk and Turn test. While doing so Loucks was unable to follow simple instructions on how to stand and was unable to maintain her balance. I then stopped attempting to give the remainder of the instructions for the test and asked Loucks if she felt she was capable of safely driving a vehicle. Loucks did not answer the question but posed a question of her own, asking if she could just get a ride to come pick her up. I asked Loucks if she could stand in the manner that I was describing and she advised she could but was stumbling around. I then advised Loucks that we were going to try a different test. I gave Loucks the instructions for the One Leg Stand test. Loucks stood as described and while I was giving the instructions she began to lean backwards and start to stumble backwards. I grabbed Loucks arm before she fell.
At this time I determined that it was unsafe for Loucks to attempt to complete the field sobriety testing and walked her to my patrol car where she was placed under arrest for suspicious of DUI.
Sgt. Farren arrived on scene and finished handling the scene of the crash while I went in route to Memorial Hospital. Once at Memorial Hospital I read Loucks the DL-26 form verbatim. Loucks agreed to give a sample of blood. Phlebotomist, Jacob Wentz, drew blood from Loucks right arm and 1902 hours. I watched Wentz package and seal the blood for NMS labs in my presence.
On 08-07-2017 the lab results were received which showed Loucks to have a BAC of .143%, 28 ng/mL blood Clonazepam, 55 ng/mL blood 7-Amino Clonazepam, 280 ng/mL blood Benzoylecgonine (metabolite of cocaine), 650 ng/mL blood Zolpidem, 20 ng/mL blood Bupropion, 300 ng/mL blood Hydroxybupropion, 120 ng/mL blood Citalopram, 110 ng/mL blood Hydroxyzine
On July 24, 2017 at approximately 0050 hrs. York County 911 (YCC) dispatched officers from the Newberry Township Police Department to the area of 63 S. Front St. for a Hit and Run vehicle crash. The caller, Tiffany Gragg, advised a Lexus sedan struck her parked car and the driver left the scene on foot. As I responded to the area, YCC advised that Gragg provided a description of the male as tall and slender. I arrived in the area of the crash just minutes after it was dispatched. As I approached the scene, I confirmed no one was injured and asked the people standing near the crashed vehicles were the other subject went to. A male pointed to the alley towards the school house apartments. As I was checking the immediate area, I noticed a tall, thin male matching the description of the subject who left the scene walking south on Pine St. I approached the subject on foot and asked him what he was doing. The subject was stumbling while he was walking. The subject, later identified as Brian Atwood advised his friend was just in an accident around the corner. I provided this subject a ride back to the scene of the crash.
Upon arriving back at the scene of the crash, I noticed a white Lexus sedan (Unit #1) positioned partially in the lane of S. Front St. It had damage to the right front corner. A tan colored Chevrolet Malibu, (Unit #2), appeared to be struck from behind by the Lexus, pushing it into a silver Dodge Neon, (Unit #3). All vehicles had minor to moderate damage. Unit #1 was not drivable and needed to be towed. There was also a female who identified herself as the driver of the Lexus however this was inconsistent with witness reports.
I then spoke with Tiffany Gragg, the person who reported the crash to 911. She advised that she had just gotten home from a trip and walked inside when she heard a loud crash. She immediately walked outside to see that a silver Lexus sedan had stuck her parked Chevrolet Malibu in front of her house. She stated that she saw a tall male wearing shorts and having light hair, (described as Atwood), sitting in the driver’s seat and a female sitting in the passenger seat. She was able to identify both subjects on scene. Gragg advised the male tried to put the vehicle in reverse in an apparent attempt to flee the scene. The male then ran away from the scene towards the school house apartments. She stated the female then tried to exchange information with her at which point she called the police.
Upon interacting with Mr. Atwood, it was noticed that he had bloodshot eyes, an odor on his breath consistent with someone who recently consumed alcohol, slow speech and an unsteady gait. He was provided miranda warnings to which he advised he understood. Atwood was then requested to submit to field sobriety tests. He was also asked how much he had to drink tonight to which he answered “one vodka and red bull” and another red bull.
The results of the field sobriety tests conducted with Atwood identified several indicators of impairment to include the lack of ability to follow simply instructions and lack of balance. Atwood was placed under arrest and transported to York Memorial Hospital for a chemical test of blood. Atwood was read the DL-26 form and agreed to submit to the blood test. At 0226 hrs. I witnesses Lana Rauhauser draw blood from the right arm of Atwood. The samples were packaged and sent to NMS labs for testing. It was also found that at the time of this incident, Mr. Atwood had a suspended driver’s license. Mr. Atwood is a 20 year old male at the time of this offense and prohibited from consuming alcohol.
The toxicology report was received from NMS labs and showed that at the time of testing, Brian Atwood had a BAC of 0.114%.