gary pinkel - probable cause statement

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11:02 F'. (11 Charge Code };'umber: 4742004.0 NOV 1 8 2011 IN THE CIRCUIT COURT OF BOONE COUNTY, 1\11SS0 CHRISTY IK CIRCUIT COURT MO STATE OF MISSOURI, VS. GARY ROBIN PINKEL ) ) Case No. " (61}..- ere. 0't68Q ) ) OCN: A6010140 ) ) ) PA File No. 019243717 INFORtYlATION The Prosecuting Attorney of the County of Boone, State of Missouri, upon information and belief charges that the defendant, in vIOlation of Section 577.010, RSMo, committed the class B misdemeanor of driving while intoxicated, punishable upon conviction under Sections 558.011 and 560.016, RSMo, m that on or about NovembeT 16, 2011, on Keene Street at or near Hlglw.. ay 63, in the County of Boone, State of MIssouri, the defendant operated a motor vehicle while under the int1uence of alcohol. The t:'\Cts that fOlm the basis for this intormation and belief are contamed in the attached statement(s) to facts concerning this matter, \vhich statements are made a part hereof and are submitted herewith as a basis upon ,WlllCh this court may find the existence of probable that a crime has been committed. . Daniel K. Knight, Prosecuting Attorney of the County of Boone, State of MissOUIi, by Assistant Prosecuting Attorney Bar No. 57585 Bo-:-..rnED 1 1312011 : WITNESSES: Robert Paul Phillip Smith Chelsea Hukill

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Here is the court document showing the probable cause statement by Boone County Sheriff's Deputy Robert Paul who arrested Pinkel for suspicion of a DWI on Wednesday, November 16, 2011.

TRANSCRIPT

Page 1: Gary Pinkel - Probable Cause Statement

N~.1-18-2011 11:02 F'. (11

BooJ~Lt8UNTY Charge Code };'umber: 4742004.0

NOV 1 8 2011

IN THE CIRCUIT COURT OF BOONE COUNTY, 1\11SS0 CHRISTY eJ.KE~jORf

IK CIRCUIT COURT COLUMBI~ MO

STATE OF MISSOURI,

VS.

GARY ROBIN PINKEL

) ) Case No. " (61}..- ere. 0't68Q ) ) OCN: A6010140 ) ) ) PA File No. 019243717

INFORtYlATION

The Prosecuting Attorney of the County of Boone, State of Missouri, upon information and

belief charges that the defendant, in vIOlation of Section 577.010, RSMo, committed the class B

misdemeanor of driving while intoxicated, punishable upon conviction under Sections 558.011 and

560.016, RSMo, m that on or about NovembeT 16, 2011, on Keene Street at or near Hlglw.. ay 63, in the

County of Boone, State of MIssouri, the defendant operated a motor vehicle while under the int1uence

of alcohol.

The t:'\Cts that fOlm the basis for this intormation and belief are contamed in the attached statement(s) to facts concerning this matter, \vhich statements are made a part hereof and are submitted herewith as a basis upon ,WlllCh this court may find the existence of probable that a crime has been committed. .

Daniel K. Knight, Prosecuting Attorney of the County of Boone, State of MissOUIi, by

Assistant Prosecuting Attorney Bar No. 57585

Bo-:-..rnED 1 1312011 :

WITNESSES: Robert Paul Phillip Smith Chelsea Hukill

Page 2: Gary Pinkel - Probable Cause Statement

t1C11)-lEi-2011 11: 02 BClC)HE OJ. C I peu I T CLEPV F'.02

, STATE OF MISSOURI ) ) BOON~LE8UNTY Case# 11-7002

vs.

GARY ROBIN PINKEL ) (lnsen offender's name)

) ) NOV 1 8 2011

CH~ISl" 8L/K~MOR[ \ l .r::. cqCLERK CIRCUiT COURT COLIJMEIA, MO I 6.4-CIC 0If.:.; ~

PROBABLE CAUSE STATEMENT

I, ROBERT PAUL 5630. BOONE COUNTY SHERIFF'S DEPARTMENT Inl!m~ and identify law enforcement officer. or person having informalion as to prob~ble cause),

UPON l\1Y OATH, AND UNDER PENALTIES OF PERJURY, state as follows:

1, I have probable cause to believe that GARY PINKEL (lnser! name ofofTender(s)}

committed the offense(s) of: DRIVING \v'HILE INTOXICATED. 577.010 (lnsen name or names of offense).

The facts supporting this belief are as follows: ON NOVEMBER 16,2011 AT 2209 HOURS, GARY PINKEL WAS OPERA.TING A BLACK 20 I 0 CHEVROLET AVALANCHE BEARING MISSOURl REGISTRATION 7HM138. THE VEHICLE WAS TRAVELING NORTH ONIDGHWAY 63 APPROACHlliG STADIUM BOULEVARD AT APPROXH..,lATELY 30 MILES PER HOUR IN A POSTED 65 MILES PER HOUR ZONE. THE VEHICLE THEN SPED CP TO APPROXIM:ATELY 65 MILES PER HOUR. WHEN THE VEHTCLE EXITED HIGHWAY 63 ONTO BROADWAY, THE VEHICLE FAILED TO SIGNAL THE LA.J'\fE CHANGE.

AT THE TOP OF THE EXIT RAMP, THE VEHICLE MADE A WIDE RIGHT 1URN ON TO BROADWAY FROM A LEFT TURN LANE. AS THE VEHICLE WAS APPROACHING KEENE STREET, THE VEHICLE MADE A WIDE LEFT TIJR.~ CROSSING THE DOUBLE YELLOW LINt SEVERAL FEET PRIOR TO THE lliTERSECTION, AS THE VEHICLE WAS MAKING A LEFT TlJR}.J INTQA PARKING LOT, IT NEARLY STRUCK A CURB GONG INTO THE EASTBOUND RTaBT TURN LANE.

UPON CONTACT \v1TH GARY, 1OBSERVED HIS EYES TO BE GLASSY AND BLOODSHOT. I DETECTED THE STRONG ODOR OF f:'ITOXICA?\TS O:N GARY'S BREATH, WHICH WAS SUSTAmED THROUGHOUT MY CONTACT. GARY ADMITTED TO CO-:\St.rvHNG TWO GLASSES OF WN£ BETWEEN 2000 HOURS A-,,-n 2130 HOURS. GARY INITIALLY STATED HE WQULD NOT DO FIELD SOBRIETY TESTS DUE TO ~~ ACHILLE'S INJURY. r EXPLAIl\'"ED TO GARY WE COl:LD DO TESTS THAT WOULD NOT l'S'CLUDE HIM WALKNG. GARY STATED HE WOULD DO SOME TESTS,

DURIKG THE FIELD SOBRIETY TESTS, I OBSERVED Il"rDrCATIO:srS OF IMPAlRMENT. I ADVISED GARY OF THE IMPLIED CONSE:NT PORTION OF THE ;<\LCOHOL INFLUENCE REPORT FOR\f ASKING FOR A BLOOD SAJvlPLE. GARY STATED HE WOULD NOT PROVIDE A BLOOD SAMPLE.

I INFORMED GARY THAT HE WOULD BE TRANSPORTED TO THE BOONE HOSPITAL FOR A BLOOD DRAW D"L'E TO EXIGENT Cm.ClTrvISTA1\;CES. GARY COYfPLIED WITH THIS REOTJEST.

{tnsclt Ibm incl~ding lime and datel ., 3. (for the issuance ofa warrant ill a misdemeanor case, complete the following, ifappropo-iare,)

(a) I believe that the defendant will not appear 10 court In response to a criminal summons because ___

{Lrlsert lacl, Ie shnw lh~t det'endant win 1'101 appe3r. e g there is an outstanding Wafr.\nt tor failure 10 appear \ (b) r believe that defendant Pll:5CS {lmcn ont or bUlh ;)f the i'OlJowin~) (1) a danger to a crime victim because ~_

Page 3: Gary Pinkel - Probable Cause Statement

tU]I)-IE:-2011 11: C13 F'.OJ

{Insert facts showing that defendant is a dang~r to the crime victim, e.g. "he IS cursing the victim, has hit the victim, and is thre.m.11Ing the victim,"}

(2) a danger to the community or to any other person because HE OPERATED A MOTOR VEHICLE WHILE IN AN INTOX1CATED CONDITION.

(1!\S¢11 faet~ ~howiI1S ilial defendant poses a danger, e.g, he is into~icaled to a Jevellhal is unsafe because},

0~ /r;ROBERT PAUL 5630 /f// /'"b)~ Print Name Signature Date: November 17 j 2011

:

TOTHL F'. C13