Case Report. Case Report Number: Valencia County Sheriffs Office. Administrative. Verification Verification Level

Transcription

1 Case Report Administrative Case Report Number Subject Disposition Entered On Entered By DWI - DWI Closed Otherwise 7/23/2017 4:21:42 AM Lucero, Calvin Reported On 7/23/2017 Reporting Officer Reporting Agency Report Type Assisted By Occurred On (Date and Time) Or Between (Date and Time) Location Lucero, Calvin VCSO - Valencia County Sheriffs Office Arrest Report Sunday 7/23/2017 2:12:00 AM Sunday 7/23/2017 2:30:00 AM N Rio Del Oro CSZ Los Lunas, NM Location Name Roadway Verification Verification Level Jurisdiction Grid Sector Map Census/Geo Code Call Source Related Cases Means Other Means Motives Other Motives Vehicle Activity Direction Vehicle Traveling Cross Street Notified Las Maravillas Field For Exceptional Clearances Clearance Basis Exceptional Clearance Date Code Section IBR Code IBR Group Aggravated Driving While Under the Influence Crime Against Society UCR Hierarchy 21 Location Type Highway/Road/Alley Completed Yes Hate/Bias None (No Bias) Printed 7/24/2017 9:53 AM Page 1 of 14

2 Domestic Violence Premises Entered Entry Using No Alcohol Weapons Criminal Activity Type Security Tools Code Section IBR Code IBR Group Crime Against UCR Hierarchy Location Type Completed Hate/Bias Reckless Driving Highway/Road/Alley Yes None (No Bias) Domestic Violence Premises Entered Entry Using Weapons Criminal Activity Type Security Tools No Alcohol Open Container Code Section IBR Code IBR Group Crime Against Society UCR Hierarchy 26 Location Type Highway/Road/Alley Completed Yes Hate/Bias None (No Bias) Domestic Violence Premises Entered Entry Using Weapons Criminal Activity Type Security Tools No Alcohol Code Section IBR Code No Proof of Insurance IBR Group Crime Against Society UCR Hierarchy 26 Printed 7/24/2017 9:53 AM Page 2 of 14

3 Location Type Completed Hate/Bias Domestic Violence Premises Entered Entry Highway/Road/Alley Yes None (No Bias) No Using Weapons Criminal Activity Type Security Tools Alcohol Offenders Arrestee Name: Apodaca, Brian J Aliases Alias Alerts Addresses Address Type Address CSZ County Country H - Home Los Lunas, NM Valencia USA - United States of America Phones Phone Type M - Mobile Phone Number s Address Sex Male Race Hispanic Ethnicity Hispanic or Latino DOB Age 24 Eye Color Brown Hair Color Brown Hair Style Straight Hair Length Short Facial Hair Goatee Only Complexion Light Teeth Normal Build Large Height 6' 2" Printed 7/24/2017 9:53 AM Page 3 of 14

4 Weight 260 Resident Resident POB New Mexico DLN DL State New Mexico DL Country United States of America SSN Scars, Marks and Tattoos SMT Location Description Attire Employer/School Employer Address Employer CSZ Occupation/Grade MO Other MO Habitual Offender Status Shirt, pants, boots Arrest Information Arrest For Arrest Number Arrest Type Armed With Multi-Clearance Multi-Clearance FBI Number State Number D - Aggravated Driving While Under the Influence Reckless Driving Taken Into Custody Unarmed Not Applicable Arrest Date 7/23/2017 Arrest Location N Rio Del Oro Force Level 01 - Level 1 Date/Time Booked Booked Location Valencia County Date/Time Released Released Location Released By Release Reason Held For Fingerprints Photos Miranda Read Miranda Waived Number of Warrants Juvenile Dispo. Adult Present (Name) Detention Name Notified Name Detention Center Notes Arrested for Aggravated DWI (2nd / Refusal), and reckless driving Printed 7/24/2017 9:53 AM Page 4 of 14

5 Victims Name: Victim Type Victim of Society/Public C - No Proof of Insurance D - Aggravated Driving While Under the Influence Reckless Driving Open Container Aliases Alias Alerts Addresses Address Type Address CSZ County Country Phones Phone Type Phone Number s Address Sex Race Ethnicity DOB Age Eye Color Hair Color Facial Hair Complexion Height Weight Resident POB DLN DL State DL Country SSN Attire Employer/School Employer Address Employer CSZ Occupation/Grade Testify Injury Offender Relationships Offender Relationship Circumstances Printed 7/24/2017 9:53 AM Page 5 of 14

6 Just. Hom. Circ. LEOKA Info Type Assignment Activity ORI-Other Jurisdiction Notes Witnesses Other Entities Properties Property Truck (not Stolen or Recovered) IBR Type 37 UCR Type 37 Description Pickup truck Status Information Only Count 1 Value 5, Manufacturer Dodge Model Ram Serial Number\VIN Color Recovered Date Owner Disposition Evidence Tag Alert(s) A - Apodaca, Brian J Vehicle Information Vehicle Type T - Pickup Truck Vehicle Year 2008 Body Style Pickup License Number License Exp. Date 7/31/2018 License State New Mexico Color Type PR - Primary Color WHI - White Printed 7/24/2017 9:53 AM Page 6 of 14

7 Drug Information Drug Type Drug Quantity Drug Measure Notes Vehicle towed by MCM Towing Property Recording - Compact Disk IBR Type 27 UCR Type 27 Description CD Status Evidence (Seized) Count 1 Value Manufacturer Memorex Model Serial Number\VIN Color Recovered Date 7/23/2017 Owner Disposition Evidence Tag Alert(s) Vehicle Information Vehicle Type Vehicle Year Body Style License Number License Exp. Date License State Color Type Color Drug Information Drug Type Drug Quantity Drug Measure Printed 7/24/2017 9:53 AM Page 7 of 14

8 Notes CD (Audio, video, pictures) Narrative Narrative Subject Aggravated DWI (2nd Off - Refusal) / N Rio Del Oro Date Entered 7/23/2017 Entered By Lucero, Calvin Narrative: On July 23, 2017, at approximately 0212 hours, I was on duty, in full duty uniform, and displaying my badge of office. At the above time I was conducting patrol in a fully marked patrol unit on N. Rio Del Oro. This area is located within the county of Valencia, state of New Mexico. While patrolling westbound on N. Rio Del Oro just past De Haan Loop I saw a vehicle traveling eastbound in the middle of the roadway. The vehicle appeared to be traveling at a high rate of speed above the posted speed limit of 35 miles per hour. As the vehicle was nearing my unit I saw the driver swerve into my lane and began traveling eastbound in the westbound lane. The vehicle continued traveling east and when it was approximately feet away from me I noticed the driver was not leaving the westbound lane and continued traveling eastbound. At the last second I made an evasive steer to the right and traveled off the roadway and onto the dirt shoulder to avoid a head-on collision, almost losing control of my unit. I immediately activated my emergency equipment (lights) and turned my unit around. As I was attempting to catch up to the vehicle I noticed the driver was traveling all over the roadway and crossed over both the center and edge lines several times. I was finally able to catch up to the vehicle approximately a quarter mile down the road. The driver came to a complete stop and the vehicle was a white, 2008 Dodge Ram pickup truck, NM-219TFD. I exited my unit and made a passenger side approach on the vehicle. I met with the driver (Brian Apodaca), only occupant, and I immediately told him the reason for the stop. Brian immediately admitted to the violation saying he was attempting to change lanes and apologized. Brian made this statement in a very slurred voice. When I was standing at the right front passenger side window I was able to detect the overwhelming odor of an alcoholic beverage emitting from within. I asked Brian if he had been drinking, he replied no sir. I asked Brian for his driver s license, registration, and proof of insurance, and he was invited out of his truck. As Brian was exiting his vehicle I noticed he was very unsteady with his balance and I met him at the rear of his truck. I asked Brian where he was coming from and he said he just left his brother s house. Brian said they were hanging out and watching the UFC fights. I asked Brian if there were any open containers inside his vehicle because of the strong Printed 7/24/2017 9:53 AM Page 8 of 14

9 odor which I could detect and he said no sir. I looked at his person and noticed his pants were torn and vomit was covering the front portion of his shirt on the upper right portion. There was also a small amount of vomit covering his goatee. Brian said his pants had always been torn. When I was standing next to Brian I was able to detect the strong odor of an alcoholic beverage emitting from his facial area and person. Brian had blood shot and watery eyes, with very slurred speech. I reiterated the reason for the stop and I asked Brian a second time if he had anything to drink, and he admitted to a little bit to drink. Brian justified his reckless driving and nearly hitting me head-on by saying I know what happened, I was thinking oh shit. I told Brian of his initial statement as to changing lanes and he said I wasn t changing lanes, I was on the gas. Brian said I was hauling ass, but I was just on it. Brian said to be honest, I might of had a drink and a half. Brian said the drink was a mixed drink which consisted of Jameson and Coke. Brian said his last drink was two hours prior. Brian said after drinking he took his brother home after he got into a fight with his girlfriend, Crystal Chavez. Further Brian said I waited for a little bit, got in my truck, and drove off as he believed he was good to go. Brian said he was nervous and began rambling. Based on the above mentioned cues I began a DWI investigation on him which consisted of SFST s (Standardized Field Sobriety Test) and alternative tests; Brian voluntarily submitted to all tests. The first test administered was the Horizontal Gaze Nystagmus (HGN). This test was explained and the following is what I observed. During the HGN I noticed both his eyes were blood shot and watery and I saw equal tracking in both eyes. I observed lack of smooth pursuit in both eyes, distinct and sustained nystagmus at maximum deviation in both eyes, and onset of nystagmus prior to 45 degrees in both eyes. I also administered a vertical gaze nystagmus (VGN) test. During this test I saw nystagmus at maximum vertical gaze on both upward passes. Other observations were Brian at times would not follow my pen as instructed, and he had an obvious front and back sway. Brian s sway was so distinct that he nearly fell forward on top of me, and I told him to try to and maintain his balance and not to sway so far forward. Brian displayed 6 out of 6 validated clues on this test. Once the HGN test was complete I asked him if there was anything that would prevent him from walking, standing, or turning, he said no. Brian was wearing appropriate attire which consisted of a shirt, jeans, and boots which the heel did not appear to be greater than two inches. Prior to administering the second test I asked Brian if he was comfortable walking in his boots, he said yeah, I m good. I should be. I told Brian to remain at the front of my unit so I could move it back, and he began following me to my unit s driver side door. I told him to remain where he was and not to walk with me and he said Oh my bad, I m sorry, and stumbled forward nearly falling over. Once my unit was moved I met Brian at the front of my unit. The second test administered was the Walk and Turn (WAT). This test was conducted on the paved roadway of N. Rio Del Oro. This area is a flat, dry, and level surface which is non-slippery, and free of major debris. The solid edge line was Printed 7/24/2017 9:53 AM Page 9 of 14

10 used for him to walk on. This test was explained and demonstrated and once all instructions were given Brian said he understood all instructions and had no questions. It should be noted while explanation of this test was being given Brian s mother, Ester Apodaca, arrived on scene. She got out of her vehicle and began walking towards our direction. Ester was asked to return to her vehicle and remain there. The following is what I observed. Instructional Stage Observations: Brian had trouble maintaining the heel to toe stance (starting position) and stepped out of this position four (4) times. Brian also attempted to begin the test two (2) times before being told to begin. Walking Stage Observations: When the test began I saw Brian step off line on step 1, and he missed heel to toe by greater than 1/2 inch on step 2. Brian also took an incorrect amount of steps forward (took 8, instructed 9). When Brian turned around he slightly leaned towards his right and nearly lost balance. On his return steps Brian again stepped off line on step 1, and again missed heel to toe by greater than 1/2 inch on steps 1, 2, 6, and 9. Other observations were Brian at times failed to look down at his front foot as instructed. Brian displayed 5 out of 8 validated clues on this test. Once the WAT was complete I asked Brian if had problems balancing on one leg, he said I noticed I had a little problem, but never explained what the reason/problem was. The third test administered was the One Leg Stand (OLS). This test was explained and demonstrated and once all instructions were given Brian said he understood all instructions and had no questions. The following is what I observed. When the test began I saw Brian raise his right foot off the ground. During the test Brian swayed, raised his arms from his side which appeared to be greater than six inches to maintain balance, and dropped his foot to the ground four (4) times. Other observations were Brian at times failed to look down at his raised foot as instructed, and ended on his count Brian displayed 3 out of 4 validated clues on this test. Once the OLS test was complete I asked Brian if he had any issues with his boots, he responded I should be fine. I told him I had just asked him a question and he responded no. Since Brian said he had problems balancing on one leg prior to the OLS test which was never explained I administered a series of alternative tests on him. The first alternative test administered was an alphabet test. Prior to administering this test I asked Brian about his education which he said he had a high school education. I asked Brian if he knew his ABC s, he said yes. I told Brian to Printed 7/24/2017 9:53 AM Page 10 of 14

11 recite his alphabets starting on the letter H and stop on the letter R. Brian said he understood all instructions and had no questions. The following is what I heard. Brian said in a slurred voice H, I, J, K, L, M, N, O, P, Q, R and stopped. I asked Brian if he was done, he replied yes. Brian was able to perform this test correctly. The second alternative test administered was a count backwards test. I asked Brian if he knew how to count backwards, he said yes. I told him to count backwards starting on the number 69 and stop on 38. Brian said he understood all instructions and had no questions. The following is what I heard. Brian said in a slurred voice 69, 68, 67, 66, 65, 64, 64, 63, 62, 61, 60, 60, 59, 58, 57, 56, 55, 54, 53, 52, 51, 50, 49, 48, 47, 46, 45, 44, 43, 42, 42, 41, 40, 40, and paused to say damn this is harder than I thought! Brian continued counting at 42, 41, 40, 39, 38 and stopped. I asked Brian if he was done, he said yes. Brian was unable to perform this test correctly. Upon completion of all tests Brian was arrested for DWI. Brian was handcuffed behind his back and the handcuffs were checked for proper spacing and double locked to prevent any injury. It should be noted two sets of restraints were used on Brian due to his size. Brian was told the reason for his arrest, and he said I didn t come close to drunk driving. I visually inspected the interior of his mouth and it was clear and free of any food, tobacco or gum. I also asked him if he had anything inside his mouth he said no sir. Brian then responded that he had not been drinking. Brian was read the New Mexico Implied Consent Advisory, verbatim, and he refused to respond to my question which consisted of a yes or no response and said I was after him. Since Brian refused to respond I read him the consequences of refusing. Brian said he understood by saying that s fine. I asked him if he wanted to submit to a breath test, he said no, and firmly said I said no! I told him his actions would be considered a refusal and he would be charged with aggravated DWI, which Brian said he understood. Brian was escorted to my unit and I still started a 20 minute deprivation period at 0230 hours in case he changed his mind later on. I kept track of the time using my wrist watch. As Brian was getting inside my unit he asked if he could speak with his mother, which I denied. Brian then asked if he could give his wallet to his mother which he said was in his pants. I told Brian he left his wallet inside his truck, and he said oh then it might be in my truck after he grabbed at his pants and could not find his wallet. Once Brian was secure I conducted an inventory on his vehicle. During the inventory I found numerous alcoholic beverages inside. There were 20 closed cans of Coors Light scattered on the left rear passenger floorboard, and an empty 30 pack of Coors Light packaging was next to it. There were also three miniatures found in the glove box. A miniature of Crown Royal Vanilla was found empty and its seal had been broken and the contents were removed. The two remaining miniatures were Captain Morgan and they were closed. All alcoholic beverages were photographed. I reviewed the paperwork Brian provided me and found the insurance card was currently expired, 7/18/2017. I took photographs of Brian s truck and saw damage to the right front passenger side door and front bumper. Deputy R. Rodriquez remained with the vehicle and it was later towed by MCM Towing. Printed 7/24/2017 9:53 AM Page 11 of 14

12 Upon completion of the stop Brian was transported to the Valencia County Sheriff s Office for a breath test. During transport Brian began making statements and he was told not to say anything until he was read his Miranda Rights. I told him that I did not want him to incriminate himself. Brian responded You know what Calvin; you re going to look like a dumb ass when this comes out! I again told Brian not to make any statements until he was read his rights, so he would not incriminate himself and he said Shut up! Don t tell me to stop talking! Brain became belligerent saying You know what Calvin; you re a dumb ass! Brian then said Yes, I was reckless driving and hauling ass! You got me. I was hauling ass! Brian then said I should have showed him some professionalism, and began rambling on about various things. When I asked him a clarifying question about a question he had just asked me he said Shut up numerous times and ended with shut up, dumb fuck! Brian said he was not worried about the case stating you re going to look dumb. Brian began asking about the stop and I told him a third time not to make any statements until I read him his rights. Brian again refused to remain silent and said Dude I had a couple of fucking drinks! Brian said I know I m okay, I know I am going to beat this, I know for a fact! Brian then brought up a previous DWI arrest which I had arrested him for a few years back. Brian said I didn t throw you on blast then but Joe wanted to! Brian identified Joe as the Warden of the Valencia County Detention Center. I asked him why he was bringing up the Warden as he had nothing to do with this incident and he said well that is what the Warden wanted to do. Brian said I promise you, I will beat the motor vehicle. There is no way you can convict me of this. I later arrived at the Sheriff s Office and escorted Brian inside. When we were in the booking room I attempted to turn on the IR8000 and Brian said It s all good I don t care, I m going to refuse the test. Brian said don t even warm that fucker up! I told Brian he had the right to refuse and he said there is no point in taking the test because I m sober. I noticed the IR8000 machine was not turning on and I told Brian I had to take him to the Los Lunas Police Department. Brian said if you need me to say it right now, I ll refuse. I told him I needed it for documentation and he was escorted back to my unit and I drove him to the Los Lunas Police Department for a breath test. Once we arrived and awaiting a Los Lunas Police officer to let me inside, Brian continued making statements. Brian said I don t drink and drive. It s going to be a shock to people, even the Warden. Brian said this is going to come out in court, and it s going to be funny. Brian then began to brag about winning his last DWI arrest. Brian was escorted into the booking area once the officer arrived. It should be noted when I was with Brian I ensured he did not introduce anything into his mouth during the entire deprivation period. Once the deprivation period elapsed his information was inputted into the IR8000 and the machine appeared to be functioning correctly and it appeared to be in good working order. I am currently certified to operate the IR8000; my certification number Since Brian refused to submit to a breath test on scene I read him the New Mexico Implied Consent Advisory, verbatim, a second time. Brian again refused to be tested by saying no. I read him the consequences of refusing a second time and he said he understood. I asked him if he wanted to be tested he again refused by saying no. I again told him his actions Printed 7/24/2017 9:53 AM Page 12 of 14

13 would be considered a refusal and would be charged with aggravated DWI. At approximately 0329 hours the IR8000 machine timed out and stated No Sample Introduced. Upon completion of the breath test Brian began making jokes about his previous DWI arrest and acquittal. Brian said I ain t worried about losing my job either. I asked him why he believed that and he said I make them. Brian was escorted to a holding room and said you re scared, puss! I began completing his paperwork and Brian started to become agitated while pacing around inside the cell. Brian was then released and explained his Notice of Revocation which he said he already understood. Once the document was explained he was allowed to use the phone. Brian decided to call his mother Ester. While he was speaking to her I could hear him laugh about the incident stating I cannot wait to go to court on this one. Brian said this, referring to the incident, was hilarious, and I was a joke. Brian stated I was jealous, a hater and a punk bitch! Brian asked his mother to get a hold of Joe, so he could get a hold of a judge to get him released from custody. Brian was very adamant with his mother in getting a hold of Joe and letting him know what was going on. Brian said without him, referring to Joe, he would not be able to get released, and Joe needed to talk to the judge for him. Once his call was over he said let s go, punk bitch! Brian started to insult me and his behavior was heard by other officers inside the building to include another prisoner. Brian again called me a punk bitch and said you can put that on the fucking record. The other prisoner became upset with Brian and told him to show me some respect. Brian said I work for that shit. The prisoner reminded Brian he is a CO (correctional officer), and Brian began using profanity towards him saying Fuck you! Brian began antagonizing a fight with the prisoner saying What! You want to go!? For safety of the other prisoner Brian was escorted to the opposite side of the building to avoid a physical altercation and to my unit. Brian began laughing about the arrest saying everyone is my boy! Brian was then transported to the Valencia County Detention Center for incarceration. During transport Brian continued talking about the arrest. Brian said when you re good with your partner, you re good with your partner; when you re good with the Sergeant, you re good with the Sergeant; when you re good with the Captain, you re good with the Captain; when you re good with the Warden, you re good with the Warden. When we arrived at the jail I directed Brian on where to stand and he said shut the fuck up! Brian was escorted inside by correctional officers and I searched the backseat of my unit. I walked into the facility and Brian immediately said hey bitch! Once I obtained an STN number I walked back out to my unit and began the booking process. Shortly thereafter I was told by staff that Brian s blood pressure was a little high and needed clearance from the hospital before he could be accepted. Brian was escorted back to my unit and secure inside. As I began transport to the hospital, Brian continued with his belligerent behavior and began to bolster about his criminal case saying he was not worried because he would get off. He said Joe would get him out of jail and reassured me his employment would be safe. Brian began making a mockery of his arrest and the incident in its entirety. As the transport continued his demeanor suddenly changed. Brian then justified his reckless driving saying he was protecting his lane. Brian said he was nervous and stated that was the reason he was driving in the wrong lane. Brian said I saw headlights, got back in my lane, and slowed down. Brian said that was the end of his story. Printed 7/24/2017 9:53 AM Page 13 of 14

14 Brian then stated he understood the crimes he was being charged with and again admitted to the reckless driving and hauling ass to get home. Brian then disclosed he was being untruthful with me about where he was actually coming from. Brian said he just left Albuquerque and was attending a wedding where he consumed alcohol. We later arrived at Lovelace Hospital and he was medically cleared for incarceration. Brian was then transported back to the detention center and I completed all necessary paperwork. Brian was then booked and incarcerated into the facility without further incident. A copy of all paperwork pertaining to his arrest was given to him and later placed into his property. My side arm was secure inside my unit. Prior to departing the detention center I searched the backseat of my unit where he was seated and no illegal contraband or weapons were found. It should be noted Brian never requested a secondary independent test. This report concludes my involvement in this case and is considered closed. DEPUTY CALVIN L. LUCERO #3960 VALENCIA COUNTY SHERIFF S OFFICE FIELD SERVICES DIVISION JULY 23, 2017 Printed 7/24/2017 9:53 AM Page 14 of 14