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** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **
ORIGINAL PAGE NUMBER: V 1 DR NUMBER: 2011 02240356
REPORT DATE: 20111228 TIME: 2230 TYPE OF REPORT: DUI OFFENSE: 390D PROSECUTION DESIRED: YES SUSPECT[S]: CLD
BOOKING VICTIM NOTIFIED: NO
LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A
DATE/TIME OF OCCURRENCE: WED 122811 2121
REPORTING OFFICER[S]: JAMES LAWLER 6474 UNIT: T36 MICHAEL MCGILLIS 5599
PREMISES: STREET/ROADWAY/ALLEY VEHICLE
OFFENSE INVOLVED: BIAS — NONE(NO BIAS)
PARTY-CREW: NO
PHOTOGRAPHS TAKEN: NO BY:
SCENE PROCESSED FOR LATENTS: NO BY:
LATENTS SUBMITTED TO CRIME LAB: NO
REPORT DISPOSITION: FIELD CLEARED BY ARREST OVER AGE 18: YES **** SUSPECT INFORMATION ****
ARRESTED PERSON-01: *** SENT TO PROSECUTOR OFFICE *** NAME: KELLY, MATTHEW JOHN
SPEAKING: ENGLISH
SUSPECTED OF USING: ALCOHOL
RACE: W SEX: M AGE: 37 DOB: 1974 HT: 509 WT: 150
HAIR: BRO EYES: BLU SSN:
LEVEL OF FORCE : RESTRAINT,JOINT LOCKS,PRESSURE PTS,OR CUFFS
ARREST: DATE: 122811 TIME: 2137 DAY: WED GRID: KK99 LOC: 001411 N 3RD STREET PHOENIX AZ CLD PRINTS: YES COURT-DATE: 010612 TIME: 1030 CLD NO: 000014007015 STATUTE: ARS 28-1381A1 CLASS: 1M
*** PROPERTY/EVIDENCE *** RECOVERY LOCATION:
2011 02240356 ‘_y A Continued.
-V ‘ ‘** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT
ORIGINAL PAGE NUMBER: 2 DR NUMBER: 2011 02240356 DATE: 000000 SEARCH WARRANT INVOLVED: 0001 PKG 001 CODE:CI APOl
LAB/FIELD:N ITEM: PSPECIM BRAND: MODEL: BLOOD COLOR:
DUI:YES POLICE BLOOD-DRAW:YES
DESCRIPTION: ONE BLOOD KIT CONTAINING TWOW VIALS OF BLOOD FROM APl MATTHEW KELLY
TEST FOR ALCOHOL CONCENTRATION
**** ****
NARRATIVE
SERIAL NUMBER: 6474
SEE RELATED ALCOHOL INFLUENCE REPORT FOR FURTHER INFORMATION
VICTIM RECEIVED RIGHTS INFORMATION: NO
INVOICES: 4079099
DR ENTERED BY 6474 DR FINALIZED BY 6474
END OF REPORT DR NO:
MAIL—IN SUPPLEMENT:
2011 02240356
** RECORD **
NO
‘ r** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **
ORIGINAL PAGE NUMBER: 3 DR NUMBER: 2011 02240356
‘ r** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **
ORIGINAL PAGE NUMBER: 4 DR NUMBER: 2011 02240356
***** PHLEBOTOMY BLOOD DRAW REPORT *****
ITEM NO: 0001 AP01 CONSENT DRAW: YES WARRANT: NO WARRANT #: TIME SERVED: 0000 COURT OF ISSUE: ISSUING JUDGE: MEDICAL QUESTIONS MEDICAL PROBLEMS: NO ALLERGIES: NO INFECTIOUS DISEASES: NO MEDICATIONS/BLOOD THINNERS: NO I.V. DRUG USE: NO
TYPE OF NON-ALCOHOL SITE CLEANER USED: POVIDONE—IODINE
============================ ================================
DATE: 111228 TIME(24 HOUR): 2207
PHYSICAL ADDRESS WHERE BLOOD DRAWN: 1610 E HIGHLAND
EQUIPMENT USED: ETS KIT/TUBES LOT NO.: 11565
EXPIRATION DATE OF VIALS(MM/YY): 0113 BLOOD DRAWN FROM: RIGHT ANTECUBITAL FOSS COOPERATIVE: YES RESTRAINT USED: NO RESTRAINT TYPE:
SUPERVISOR NAME/SERIAL NO: BLOOD CLOTTED AT SITE: BETWEEN 1-3 MINUTES
** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **
SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2011 02240356 1
REPORT DATE: 20111228 TIME: 2230 TYPE OF REPORT: DUI OFFENSE: 390D PROSECUTION DESIRED: YES SUSPECT[S]: CLD
BOOKING VICTIM NOTIFIED: NO
LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A
DATE/TIME OF OCCURRENCE: WED 122811 2121
REPORTING OFFICER[S]: JAMES LAWLER 6474 UNIT: T36 MICHAEL MCGILLIS 5599
PREMISES: STREET/ROADWAY/ALLEY VEHICLE
OFFENSE INVOLVED: BIAS – NONE(NO BIAS) PHOTOGRAPHS TAKEN: NO BY:
SCENE PROCESSED FOR LATENTS: NO BY: LATENTS SUBMITTED TO CRIME LAB: NO
REPORT DISPOSITION: FIELD CLEARED BY ARREST OVER AGE 18: YES
CURRENT DR IS: 2011 02240356 001 BIOLOGICAL EVID (BLOOD,SEMEN,TISSUE): NAM:
NAM: OFFzDUI
LOCATION: 001411 N 3RD ST JAILED:
OFCR REQ OF ANALYSIS:LAWLER, JAMES DATE OCC:OOOOOO TIME:0000 (LAST,FIRST,MIDDLE) FIRM NAME USE BUS. DATE REQ:122811 TIME:2230 VIC: DUI RELATED:
BUS:
INVOICE ITEM # SFX TYPE TYPE OF REQUEST
0004079099 0001 PSPECIM BLOOD ALCOHOL
BLOOD DRAWN BY: l.DATE/TIME DRAW:000000 / 0000 LOG OF DRAWING: 2.DATE/TIME DRAW:000000 / 0000
MM NARRATIVE HM
2011 02240356 1 Continued.
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SUPPLEMENT PAGE NUMBER: 2 DR NUMBER: 2011 02240356 1
SERIAL NUMBER: 6474
TEST FOR ALCOHOL CONCENTRATION
VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT: NO INVOICES: DR ENTERED BY : 6474 DR FINALIZED BY : 6474
END OF REPORT DR NO: 2011 02240356 001
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SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2011 02240356 2
REPORT DATE: 20111229 TIME: 0143
TYPE OF REPORT: DUI OFFENSE: 390D
LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A
DATE/TIME OF OCCURRENCE: WED 122811 2121
REPORTING OFFICER[S]: ERIC GARDNER 9067 UNIT: 72J MICHAEL MCGILLIS 5599
OFFENSE INVOLVED: BIAS — NONE(NO BIAS)
**** NARRATIVE **** SERIAL NUMBER: 9067
ON 122811 AT APPROXIMATELY 2118 HOURS WHILE ON PATROL AS A SINGLE OFFICER UNIT WEARING CLASS D UNIFORM DRIVING A FULLY MARKED POLICE IMPALA, I WAS TRAVELING NORTHBOUND ON 3RD ST AND I HAD JUST PASSED PALM LN. AS I WAS TRAVELING NORTHBOUND, A SILVER IN COLOR TOYOTA SEQUOIA PASSED ME SOUTHBOUND AT A HIGH RATE OF SPEED IN THE NUMBER 1 LANE.
I TURNED AROUND TO ATTEMPT TO CATCH UP AND SEE IF I COULD GET A PACE ON THE SPEED AND RUN THE LICENSE PLATE.
AS WE APPROACHED E. MCDOWELL RD., I WAS APPROXIMATELY 25 YARDS BEHIND THE TOYOTA. THE TOYOTA THEN SWERVED QUICKLY INTO THE #2 LANE THEN QUICKLY BACK INTO THE #1 LANE CAUSING SOME DIRT TO FLY INTO THE AIR. THE LIGHT FOR NORTH AND SOUTH TRAFFIC AT THE INTERSECTION OF N. 3RD ST AND E. MCDOWELL RD WAS RED. AS THE TOYOTA APPROACHED THE RED LIGHT, JUST NORTH OF WHERE THE LEFT TURN LANE STARTS, THE TOYOTA MOVED INTO THE #1 NORTHBOUND LANE. APPROXIMATELY l FOOT OF THE TOYOTA WAS IN THE ONCOMING #1 TRAFFIC LANE. THE TOYOTA THEN MOVED BACK INTO THE #1 LANE AND STOPPED AT THE RED LIGHT. WHEN THE TOYOTA MADE ITS STOP, IT MADE A HARD STOP AS IF HE MISJUDGED WHERE THE CROSSWALK WAS LOCATED. I WAS ABLE TO NOW MAKE OUT THE LICENSE PLATE ON THE TOYOTA AS AZ PLATE CAU LAW.
WHILE WAITING FOR THE LIGHT TO TURN GREEN, ANOTHER VEHICLE HAD PULLED UP NEXT TO THE TOYOTA IN THE #2 LANE. WHEN THE LIGHT TURNED GREEN, THE TOYOTA AND THE OTHER VEHICLE IN THE #2 LANE STARTED TO MOVE SOUTH THROUGH THE INTERSECTION. AS THEY WERE ENTERING THE INTERSECTION, THE TOYOTA SWERVED TO THE RIGHT COMING WITHIN A FOOT OF SIDESWIPING THE VEHICLE TO ITS RIGHT. I THEN ACTIVATED MY OVERHEAD LIGHTS AND THE TOYOTA PULLED INTO THE PARKING LOT AT 1411 N. 3RD ST. THE TOYOTA PULLED INTO A PARKING SPACE IN FRONT OF THE BUILDING AND DID NOT STOP PRIOR TO THE PARKING CURB AND THE VEHICLE BUMPED THE CURE HARD CAUSING THE TOYOTA TO BOUNCE BACKWARDS OFF THE CURB.
I ADVISED DISPATCH OF MY TRAFFIC STOP AND ASKED FOR ANOTHER UNIT AS I BELIEVED THE DRIVER OF THE VEHICLE MAY BE IMPAIRED BASED ON THE DRIVING I HAD OBSERVED. OFFICER MCGILLIS #5599, WHO IS A DUI MOTOR OFFICER,
2011 02240356 2 Continued.
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‘** PUBLIC **
DR NUMBER: 2011 02240356
SUPPLEMENT PAGE NUMBER: 2
RESPONDED TO MY LOCATION.
I CONTACTED THE DRIVER AP1 MATTHEW KELLY. I NOTICED THAT MATTHEW WAS CHEWING GUM. I ASKED MATTHEW HOW HE WAS DOING TONIGHT. HE SAID HE WAS FINE AND HE DIDNT SEEM TO WANT TO LOOK AT ME AS I SPOKE TO HIM. I ASKED HIM IF HE WAS HAVING ANY MEDICAL ISSUES TONIGHT THAT WOULD BE CAUSING HIM TO SWERVE OUT OF HIS LANE AS HE WAS DRIVING. HE DENIED HAVING ANY MEDICAL CONDITION. AS HE SPOKE, HIS SPEECH WAS SLOW AND SLURRED. AS HE WAS TELLING ME THAT HE WAS OK, HE LOOKED AT ME AND I COULD SEE THAT HIS EYES APPEARED TO BE BLOODSHOT AND WATERY. I ASKED MATTHEW FOR HIS LICENSE AND HIS PROOF OF INSURANCE. MATTHEW SLOWED OBTAINED HIS WALLET AND STARTED TO PULL HIS LICENSE OUT OF HIS WALLET. HE SEEMED TO BE HAVING A PROBLEM WITH
COORDINATION AND REMOVING THE LICENSE FROM A POCKET INSIDE THE WALLET. HE REMOVED IT AND HANDED IT TO ME. I THEN ASKED FOR HIS INSURANCE AGAIN. HE THEN REACHED INTO HIS GLOVE BOX AND REMOVED A BUNCH OF PAPERS. HE PULLED
OUT THE REGISTRATION AND ATTEMPTED TO FLIP THE FLAP COVERING THE REGISTRATION BUT HE WAS HAVING TROUBLE SEPARATING THE TOP FLAP FROM THE BOTTOM REGISTRATION. I TOLD HIM I DIDNT NEED HIS REGISTRATION, JUST HIS INSURANCE. HE TOLD ME HE WAS GETTING IT. I TOLD HIM THAT HE HAD THE REGISTRATION IN HIS HANDS, NOT HIS INSURANCE. THE NEXT PIECE OF PAPER ON HIS LAP WAS HIS CURRENT INSURANCE CARD. HE THEN HANDED ME THE CARD.
I ASKED MATTHEW IF HE HAD BEEN DRINKING TONIGHT. MATTHEW SAID HE HADNT.
I ASKED IF HE HAD ANYTHING TO DRINK TONIGHT AT ALL AND HE SAID NO. I ASKED HIM WHERE WAS COMING FROM. HE SAID HE WAS GOING TO HIS OFFICE RIGHT HERE, INDICATING THE BUILDING IN FRONT OF HIS TOYOTA. I ASKED IF HE WORKED HERE AND HE SAID HE DID. I REPEATED MY QUESTION OF WHERE HE WAS COMING FROM. HE SAID HE WAS COMING FROM 2800 N. CENTRAL. I ASKED WHAT WAS THERE AND HE SAID HIS FRIENDS OFFICE. I ASKED IF HE HAD ANYTHING TO DRINK THERE AND HE SAID NO. DURING OUR CONVERSATION, HIS SPEECH WAS VERY SLOW AND SLURRED.
I THEN WENT TO MY PATROL CAR AND CONFIRMED THE LICENSE HE GAVE ME WAS THE SAME AS THE REGISTERED OWNER OF THE TOYOTA.
OFFICER MCGILLIS THEN SHOWED UP AND AND BEHAVIOR I OBSERVED TO INDICATE WAS TALKING TO OFFICER MCGILLIS, WE NOTICED THAT MATTHEW HAD STARTED SMOKING A CIGARETTE AS WE COULD SEE THE SMOKE EXITING THE DRIVERS SIDE AS THE LIGHT FROM MY SPOTLIGHT ILLUMINATED THE SMOKE.
I EXPLAINED TO HIM THE DRIVING CUES TO ME THAT MATTHEW WAS IMPAIRED. AS I
OFFICER MCGILLIS THEN TOOK OVER THE INVESTIGATION. REPORT AND AIR.
SEE HIS ORIGINAL
AFTER MATTHEW REFUSED TO DO ANY OF THE TESTS, OFFICER MCGILLIS PLACED MATTHEW UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. I THEN TRANSPORTED MATTHEW WITHOUT INCIDENT TO 1610 E. HIGHLAND WHERE HE WAS PROCESSED FOR DUI.
VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT:
2011 02240356 2
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** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **
SUPPLEMENT PAGE NUMBER: 3 DR NUMBER: 2011 02240356 2 INVOICES: DR ENTERED BY : 9067 DR FINALIZED BY : 9067
END OF REPORT DR NO: 2011 02240356 002
. ** PUBLIC ** PHOENIX POLICE DEPARTMENT REPORT ** RECORD **
SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2011 02240356 3
REPORT DATE: 20120102 TIME: 0340
TYPE OF REPORT: DUI OFFENSE: 390D PROSECUTION DESIRED: YES . SUSPECT[S]: CLD LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A DATE/TIME OF OCCURRENCE: WED 122811 2121
REPORTING OFFICER[S]: MICHAEL MCGILLIS 5599 UNIT: T36 PREMISES: STREET/ROADWAY/ALLEY VEHICLE
PARKING LOT OFFENSE INVOLVED: BIAS – NONE(NO BIAS)
**** NARRATIVE **** SERIAL NUMBER: 5599
ON 122811 AT 2121 HOURS, OFFICER GARDNER 9067 CONDUCTED A TRAFFIC STOP IN THE PARKING LOT, AT 1411 NORTH 3RD STREET, ON A 2006 GOLD FOUR DOOR TOYOTA SEQUOIA, ARIZONA PERSONALIZED PLATE CUALAW. THIS VEHICLE WAS FOUND TO BE OCCUPIED BY ONE WHITE MALE DRIVER, IDENTTFTRD AS AP1 MATTHEW JOHN KELLY DATE OF BIRTH .74 ARIZONA OLN NUMBER (IN POSSESSION). AT THE TIME OF THE TRAFFIC STOP, OFFICER GARDNER REQUESTED AN IMMEDIATE BACK—UP BELIEVING THE DRIVER OF THE VEHICLE, BY THE DRIVING OBSERVED, TO
POTENTIALLY BE IMPAIRED.
I ARRIVED AT THE STOP LOCATION, AT 2125 HOURS, WHERE I FOUND OFFICER GARDNER OUT WITH AP1 MATTHEW. I WAS BRIEFED BY OFFICER GARDNER AS TO THE DRIVING OBSERVED. OFFICER GARDNER INITIALLY STATED THAT HE WAS TRAVELING NORTHBOUND ON 3RD STREET AND OBSERVED THE LISTED TOYOTA SEQUOIA IN THE SOUTHBOUND DIRECTION OF TRAVEL AT A HIGH RATE OF SPEED. HE ESTIMATED THE SPEED AT LEAST 50 MILES PER HOUR IN A POSTED 35 MILE PER HOUR ZONE.
HE STATED HE FIRST OBSERVED THE VEHICLE SOUTHBOUND ON 3RD STREET AROUND PALM LANE, WHICH IS NORTH OF MCDOWELL ROAD. OFFICER GARDNER ALSO DESCRIBED THE POSITION IN WHICH AP1 MATTHEW POSITIONED HIS VEHICLE AT THE RED LIGHT AT MCDOWELL. OFFICER GARDNER HAD MADE A U-TURN AND PROCEEDED SOUTHBOUND AFTER THE VEHICLE. WHEN THE LIGHT CYCLED GREEN FOR SOUTHBOUND TRAFFIC, OFFICER GARDNER OBSERVED AP1 MATTHEW FOUND TO DRIVE WITHIN ONE LANE OF TRAVEL AND DRIFTING OUTSIDE THE SOUTHBOUND NUMBER ONE LANE. AS THE TRAFFIC STOP WAS CONDUCTED, AP1 MATTHEW PULLED INTO THE PARKING LOT AT 1411 NORTH 3RD STREET AND STRUCK THE CURE COMING TO AN ABRUPT STOP, AT WHICH TIME, OFFICER GARDNER REQUEST A BACK-UP. OFFICER GARDNER STATED THAT THE DRIVER WAS SEVERELY IMPAIRED BUT DENIED DRINKING. HE ADVISED ME THAT AP1 MATTHEW HAD VERY THICK SLURRED SPEECH AND STATED THAT THIS IS HIS WORK ADDRESS.
I WALKED UP TO THE FRONT DRIVERS FRONT DOOR AND CONTACTED AP1 MATTHEW WHO
2011 02240356 3 Continued.
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SUPPLEMENT PAGE NUMBER: 2 DR NUMBER: 2011 02240356 3
WAS STILL SEATED BEHIND THE WHEEL. HE WAS SMOKING A CIGARETTE. OFFICER GARDNER STATED THAT INITIALLY APl MATTHEW WAS NOT SMOKING BUT HAD JUST APPARENTLY LIT UP. I ASKED APl MATTHEW TO EXIT THE VEHICLE AND PUT THE CIGARETTE OUT. I ASKED IF HE WAS CURRENTLY TAKING ANY TYPES OF MEDICATIONS. APl MATTHEW WITH THICK SLURRED SPEECH STATED THAT HE WAS HEALTHY, NOT TAKING ANY MEDICATIONS AND WAS SIMPLY IN A HURRY TO GET TO HIS OFFICE. APl MATTHEW, WHILE SPEAKING WITH ME, WAS EXHIBITING RED WATERY EYES, HEAVY FRONT TO BACK SIDE TO SIDE SWAY AND A STRONG ODOR OF ALCOHOL. HE WAS OBSERVED CHEWING SOMETHING IN HIS MOUTH WHICH APPEARED TO BE GUM SO I ASKED HIM TO SPIT IT OUT, AT WHICH TIME HE DID. I ASKED WHERE HE WAS COMING FROM. HE ADVISED MY, “2800 NORTH CENTRAL.” HE STATED HE WAS WITH A FRIEND AT THEIR OFFICE AT A BUSINESS MEETING AND STATED HIS FRIEND’S NAME IS AYA MCLEAN. AGAIN, ASKED HIM IF HE WAS CURRENTLY ON ANY MEDICATION DUE TO HIS EXTREMELY POOR BALANCE. HE ENDED UP LEANING BACKWARDS INTO HIS VEHICLE AND THEN REMAINED LEANING UP AGAINST HIS VEHICLE FOR BALANCE DURING MY CONTACT. HE AGAIN ADVISED MY HE WAS NOT CURRENTLY TAKING ANY MEDICATIONS, THEREFORE, I ASKED HIM AGAIN IF HE CONSUMED ALCOHOL THROUGHOUT THE COURSE OF THE DAY OR EVENING. HE AGAIN DENIED DRINKING. HE ASKED ME WHY HE WAS STOPPED AND I EXPLAINED TO HIM THE DRIVING WHICH OFFICER GARDNER HAD OBSERVED. I ASKED HIM IF HE HAD ANY RECOLLECTION OF SPEEDING, FAILURE TO DRIVE WITHIN HIS LANE OR STRIKING THE PARKING CURB UPON ENTERING HIS PARKING LOT. HE REPLIED, “NO IDEA, MAYBE I WAS ON THE PHONE.” I ASKED IF HE WAS WEARING CONTACTS. HE REPLIED, “NO.”
I THEN ASKED APl MATTHEW TO STAND AWAY FROM THE VEHICLE, IN FRONT OF ME WITH HIS FEET, HEELS AND TOES TOGETHER, ARMS DOWN TO HIS SIDE. AS I PREPARED TO CONDUCT A HGN TEST, APl MATTHEW STATED, “I’M NOT DOING IT.” I ADVISED AP1 MATTHEW THAT IF HE HAD NOT CONSUMED ANY ALCOHOL, HE HAD NOTHING TO WORRY ABOUT. I TOLD HIM, I WAS SIMPLY GOING TO EVALUATE HIS ABILITY TO PERFORM ROAD SIDE TEST, MAKE SURE HE WAS OK TO BE DRIVING. I ADVISED APl MATTHEW THAT MY ROAD SIDE TEST WERE VOLUNTARY AND THAT HE DID NOT HAVE TO CONDUCT THEM, HOWEVER, OFFICERS WOULD ONLY BE ABLE TO GO OFF OF DRIVING OBSERVED AND OUTWARDLY SIGNS. I EXPLAINED TO APl MATTHEW THAT IT WAS QUITE OBVIOUS‘THAT HE WAS IMPAIRED BY THE ALCOHOL HE HAD CONSUMED. I EXPLAINED TO APl MATTHEW THAT HIS WORDS THROUGHOUT MY ENTIRE CONTACT WERE SLOW, THICK AND SLURRED; SOME OF HIS WORDS SO SLURRED THAT ALL HIS WORDS AT TIMES WERE RUN TOGETHER. HIS EYES RED AND WATERY, HIS BALANCE EXTREMELY POOR THROUGHOUT MY ENTIRE CONTACT. AT TIMES HE HAD DIFFICULTY SIMPLY EVEN HOLDING HIS HEAD UP, WHICH IS COMMON WITH PEOPLE AT HIGH CONCENTRATION LEVELS TO HAVE WHAT’S CALLED, “BABY NECK,” OR, “BOBBLE HEAD.”
AT 2137 HOURS, I AGAIN ASKED APl MATTHEW IF HE WOULD VOLUNTARILY DO ROAD SIDE TEST. HE REPLIED, “NO.” I ADVISED APl MATTHEW TO TURN AROUND, PLACING HIS HANDS BEHIND HIS BACK ADVISING HIM HE WAS UNDER ARREST FOR DUI. I REMOVED HIS PERSONAL BELONGINGS FROM HIS POCKETS AND SAW THAT HE HAD SOME PILLS IN HIS POCKET. HE ADVISED ME THE PILLS WERE FOR, ”
OR ‘ .” IT WAS AN OVAL WHITE PILL WITH THE MARKINGS N947. HE ADVISED ME THAT THE NAME OF THE PILL WAS, ” ” I LATER LOOKED THIS UP AND THE PILL WAS IN FACT EXACTLY WHAT APl MATTHEW EXPLAINED TO ME THAT IT IS FOR “‘ ‘
2011 02240356 3 Continued.
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SUPPLEMENT PAGE NUMBER: 3 DR NUMBER: 2011 02240356 3
THE VEHICLE WHICH AP1 MATTHEW WAS OPERATING WAS SECURED AT THE SOUTH LOCATION AND HE WAS TRANSPORTED TO A DUI VAN, LOCATED AT 16TH STREET AND
HIGHLAND.
UPON ARRIVAL, HE WAS UNHANDCUFFED AND ENTERED THE DUI VAN, AT 2153 HOURS. AS AP1 MATTHEW SAT DOWN, OFFICER LAWLER ASKED HIM IMMEDIATELY IF HE WOULD LIKE TO PLACE ANY PHONE CALLS USING HIS PERSONAL CELL PHONE OR THE VAN PHONE, APl MATTHEW DECLINED ANY PHONE CALLS AT THIS TIME. WHILE INSIDE THE VAN, OFFICER LAWLER 6474 BEGAN BY OBTAINING PERTINENT INFORMATION REGARDING THIS INCIDENT. HE THEN BEGAN BY READING MIRANDA WARNINGS FOLLOWED BY THE ADMIN PER SE. APl MATTHEW CONSENTED TO THE BLOOD DRAW AND SIGNED THE CONSENT FORM PRIOR TO OFFICER LAWLER CONDUCTING THE BLOOD DRAW. WHILE INSIDE THE DUI VAN, APl MATTHEW’S SPEECH CONTINUED TO BE SLOW, THICK AND SLURRED, THE ODOR OF ALCOHOL WAS STRONGER INSIDE THE CONFINED VAN.
I OBSERVED THE BLOOD DRAW AT 2207 HOURS. OFFICER LAWLER WITHOUT INCIDENT DREW TWO VIALS OF BLOOD FROM APl MATTHEW’S RIGHT ANTECUBITAL FOSSA. THE BLOOD WAS PROPERLY INVERTED PRIOR TO BE LABELED AND THEN SECURED BACK INTO THE BLOOD KIT. OFFICER LAWLER EXPLAINED TO APl MATTHEW THAT ONE OF THE VIALS WOULD BE TESTED THROUGH THE PHOENIX CRIME LAB AND THOSE RESULTS WOULD BE AVAILABLE TO HIM WHEN HE WENT TO COURT ON JANUARY 6TH. HE WAS ALSO ADVISED THAT THE OTHER VIAL OF BLOOD WOULD BE RETAINED AT THE CRIME LAB FOR HIM, SHOULD HE OR HIS ATTORNEY WANT TO OBTAIN IT AND HAVE IT INDEPENDENTLY TESTED TO COMPARE THEIR RESULTS TO OUR RESULTS. APl MATTHEW WAS ALSO RIGHT TO ARRANGE FOR AND PAY FOR HIS OWN INDEPENDENT CHEMICAL TEST. APl MATTHEW CONDUCTED AN INTERVIEW STILL DENYING DRINKING ANY ALCOHOL.
HE WAS PHOTOGRAPHED, FINGERPRINTED AND ISSUED COMPLAINT NUMBER 14007015 FOR THE DUI RELATED OFFENSES AND FAILURE TO DRIVE IN ONE LANE OF TRAVEL. HE WAS NOT CHARGED WITH THE SPEED VIOLATION SIMPLY BECAUSE THE OFFICER WAS NOT ABLE TO CONDUCT A PACE HE SIMPLY VISUALLY ESTIMATED THE SPEEDING AS APl MATTHEW PASSED HIM IN THE OPPOSITE DIRECTION OF TRAVEL ALONG 3RD STREET. APl MATTHEW PLACED ONE PHONE CALL TO A FRIEND FOR A RIDE HOME. AFTER THE PROCESSING WAS COMPLETED, HE WAS PHOTOGRAPHED, FINGERPRINTED AND ISSUED COMPLAINT NUMBER 14007015 AND RELEASED TO HIS FRIEND’S SON, AT 2245
HOURS.
FOR FURTHER INFORMATION REGARDING THIS INCIDENT REFER TO THE ORIGINAL ALCOHOL INFLUENCE REPORT.
PACE A4812/5599/010212/1225/1364/VW 1122837 DICTATED ON 010212/0338/1
VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT: INVOICES: DR ENTERED BY : *4812 DR FINALIZED BY : *4812
2011 02240356 3 Continued.
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SUPPLEMENT PAGE NUMBER: 1 DR NUMBER: 2011 02240356 4
REPORT DATE: 20120111 TIME: 1209
TYPE OF REPORT: DUI OFFENSE: 390D
PROSECUTION DESIRED: YES SUSPECT[S]: CLD BOOKING VICTIM NOTIFIED: NO LOCATION: 001411 N 3RD STREET BEAT: 0724 GRID: BC28A
DATE/TIME OF OCCURRENCE: WED 122811 2121
REPORTING OFFICER[S]: NATASHA IMADIYI A5245 UNIT: C23
PREMISES: STREET/ROADWAY/ALLEY VEHICLE OFFENSE INVOLVED: BIAS – NONE(NO BIAS) PHOTOGRAPHS TAKEN: NO BY:
SCENE PROCESSED FOR LATENTS: NO BY: LATENTS SUBMITTED TO CRIME LAB: NO
OVER AGE 18: YES
**** NARRATIVE **** SERIAL NUMBER: A5245
ORIGINATING DR: 201102240356 001 THE FOLLOWING IS A SUMMARY OF THE LABORATORY EXAMINATION RESULTS. CONTACT THE LABORATORY BUREAU FOR THE OFFICIAL REPORT.
ANALYST: NATASHA IMADIYI(A5245) SUBJECT: MATTHEW KELLY ITEM 4079099-0001 O GRAMS PER 100ML
ALCOHOL RESULT: 0.25
VICTIM RECEIVED RIGHTS INFORMATION: NO MAIL-IN SUPPLEMENT: NO
INVOICES:
DR ENTERED BY DRLIM DR FINALIZED BY DRLIM
END OF REPORT DR NO: 2011 02240356 004