Incident Information - WordPress.com… · I again continued with the instructions and again Scott...

Incident/Investigation ReportAgency: Gilbert Police Department Case Number: 12-000008324

05/23/2012 09:41 05/23/2012 09:41Date/Time Found

05/23/2012 09:41 (784) KACIC, JOE

S Market St / E Williams Field Rd, Gilbert, AZ 85295

Incident InformationDate/Time Reported Date/Time Occurred Officer

(815) GIRARDIN, SCOTTSupervising OfficerIncident Location

CLEAREDIncident Case Status

CLEARED BY ARRESTIncident Case Disposition

05/23/2012 11:14:12Disposition Date

05/23/2012 11:14:12Status Date

NONE APPLICABLE()MO Factors NOBody Worn Camera Used

Charges

1Description Statute UCR

DUI-IMPAIRED TO SLIGHTEST DEGREE 28-1381A1 90DAttCom

Charge Type

Alcohol, Drugs or Computers UsedAlcohol Drugs Computers

Location Type

STREET/SIDEWALKPremises Entered Forced Entry

Yes No

Entry Exit Criminal Activity

Weapons1.

2.

3.

State

Bias Motivation Bias Target Bias Circumstances Hate Group

2Description Statute UCR

DUI-DRUGS OR METABOLITE (13-3401) 28-1381A3 90DAttCom

Charge Type

Alcohol, Drugs or Computers UsedAlcohol Drugs Computers

Location Type

STREET/SIDEWALKPremises Entered Forced Entry

Yes No

Entry Exit Criminal Activity

Weapons1.

2.

3.

State

Bias Motivation Bias Target Bias Circumstances Hate Group

Victims

of 12Printed by: (2486) 1/19/2017 16:49

WARNING:ÿThisÿreportÿisÿintendedÿonlyÿforÿtheÿuseÿofÿtheÿindividualÿorÿagencyÿtoÿwhichÿitÿisÿprovided,ÿandÿmayÿcontainÿinformationÿthatÿisÿconfidentialÿand/orÿexemptÿfromÿdisclosureÿunderÿapplicableÿlaw. Anyÿunauthorizedÿcopyingÿorÿdisseminationÿofÿthisÿreportÿisÿprohibited.


Victims

STATE OF ARIZONA - 2012

Seq. #

1TypeSOCIETY STATE OF

InjuriesNone

Residency Status Ethnicity

Victim of Crimes1,2

SSNBusiness Name

Race Sex DOB Age00

Hair EyesAKA WeightHeight

Scars, Marks, Tattoos or other distinguishing features

Address Home Phone

Business PhoneEmployer Name/Address/

Cell Phone

OffendersSeq. #

1Type

INDIVIDUAL

HUMINSKI, SCOTT ALANName(Last, First, M)

Race Sex DOBW M

Age

52Height Hair

5'10" BROAKA

Scars, Marks, Tattoos or other distinguishing features

Address Home Phone

Business PhoneEmployer Name/Address/

Physical Characteristics

Suspect Details

Weight Eyes197 lbs BRO

SSN

Injuries

NoneEthnicity

Non-HispanicResidency Status

Resident

Cell Phone

of 12Printed by: (2486) 1/19/2017 16:49



PropertyProp. ID317466

Description

Owner

Serial Number Make/Model

Status Status Officer Quantity Units of Measure Value

Property Notes

SMOKING PIPE WITH CHARRED RESIDUE

License / State ColorHUMINSKI, SCOTT ALAN

EVIDENCE IMPOUNDED (784) KACIC, JOE 1.00 $1.00

Gun Type Caliber Finish Grip Gun Stock

Condition Gun Test Sight TestYes No

Test TypeYes No

Sight Type

Prop. ID317468

Description

Owner



Property Notes

BLOOD SAMPLE FROM SCOTT HUMINSKI

License / State ColorHUMINSKI, SCOTT ALAN




Test TypeYes No

Sight Type

Prop. ID317467

Description

Owner



Property Notes

AUDIO RECORDINGS ON CD

License / State ColorSTATE OF ARIZONA - 2012




Test TypeYes No

Sight Type

of 12Printed by: (2486) 1/19/2017 16:49



VehiclesSeq. #

1Year Style

2009 HATCHBACK, 4 DOORMakeNISSAN

ModelVERSA

ColorWHITE

VIN License / State / AZ

License Year2014

License Plate TypeREGULAR

OwnerHUMINSKI, SCOTT ALAN

Related To Status Date Value

HUMINSKI, SCOTT ALAN ( DRIVER )

Vehicle Notes

Status

Assisting Officers(1576) CLUFF, MICHAEL

(2507) LEFLER, JAMES

of 12Printed by: (2486) 1/19/2017 16:49



Notes/NarrativesNARRATIVE

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------Synopsis:On 05-23-12 at about 0941 hrs, Scott Huminski was stopped near Market and Williams Field, in Gilbert, forobserved traffic violations. Scott was determined to be driving while impaired and was arrested. He wastransported to the Santan Station for processing. Scott was released after processing pending the completionof lab analysis.

Narrative:On 05-23-12 at about 0941 hrs, I was monitoring traffic on Williams Field near Market St, in Gilbert. I waspositioned on the south/east corner near a Valley Metro bus stop. As I watched traffic, I saw a white 4 drNissan Versa make a wide looping turn from n/b Santan Village to e/b Williams Field. The Nissan turned intothe #2 e/b lane instead of the #3 e/b lane as required. Also, after the vehicle completed the turn, the Nissanimmediately made a swerving type movement from the #2 lane into the #3 lane. The movement from the #2lane into the #3 lane was not a smoothing lane change, but rather a jerking type motion. I recognized the widelooping radius turn and the swerving type driving behavior as NHTSA DUI detection clues. I watched as theNissan continued to travel e/b on Williams Field and past Market St. Once the Nissan passed my location, Imoved into a position behind the vehicle and initiated a traffic stop for the observed violations. I activatedmy emergnecy lights and the Nissan yielded into a driveway for the Walmart store near this location. TheNissan did not immediately pull to the curb and stop, but continued into the parking lot and parked in amarked parking stall.

I approached the Nissan and contacted the driver. The driver idenfied himself with an AZ DL as ScottHuminski. I informed Scott of the reason for the traffic stop. Scott indicated he did not know he made a wideturn and did not recall any swerving of the vehicle. I thought it odd Scott would not have knowledge of thewide turn or swerving motion, as it was a very jerky type movement the driver would likely have had to feel.As I spoke with Scott, I noted he seemed very anxious and jittery as he sat in the driver`s seat. I requestedScott exit the vehicle and he complied. Scott and I moved to the rear of his vehicle and I questioned himabout possible drug or alcohol use. Scott advised he had not consumed any alcohol that day, but had dranksome alcohol the previous night. Scott did not want to answer questions regarding any prescription drug use.I requested Scott remove his sunglasses and he complied. I noted Scott`s eyes were very watery andbloodshot. I requested Scott show me his tongue and he complied. I noted Scott`s tongue had an orangishcolored film in the center area. As I was speaking with Scott, he informed me he was currently suing theTown of Gilbert and informed me he knew Sgt. Meyer and Chief Dorn. Scott assumed I knew who he wasand I advised him I had no idea who he is and that he and I have never met to the best of my knowledge. Irequested Scott complete some field sobriety tests to determine if his ability to drive might be impaired. Scottadvised he had a double hip replacement previously and I requested he inform me if he was experiencing anypain or discomfort during the field sobriety tests. Scott advised his shoes were comfortable and chose to keepthem on during the FST`s. I explained the FST`s and how they would be administered. Scott advised heunderstood.

I first attempted to complete an HGN evaluation. I noted again Scott had very watery and bloodshot eyes.Scott seemed to have difficulty following the HGN instructions and would repeatedly stop tracking thestimulus and bring his eyes inward to the center. I was only able to observe a lack of smooth pursuit in botheyes. The other clues of HGN could not be observed because Scott was not tracking the stimulus and was notholding his eyes in position when away from the center point. I explained the HGN instructions to Scott

of 12Printed by: (2486) 1/19/2017 16:49



Notes/Narrativesmultiple times, however, he never tracked the stimulus properly. During the HGN evaluation, I noted Scottswayed from side to side about 1"-2".

After the HGN was attempted, I explained the instructions for the Walk and Turn FST. I explained to Scott tonot start the test until I instructed him to do so. I explained the instruction position and then requested Scotttake the instruction position. Scott began to move into the position, but did not properly line up his feet. I hadto instruct Scott line up his feet properly. I used a painted parking spot line near Scott`s vehicle. While Scottwas in the instruction position, I continued to explain the FST. Scott stepped off the instruction position onceand I had to have him reposition his feet. Prior to completing the instructions, Scott began to start walkingdown the line. I stopped Scott and advised him I needed to finish the instructions and I would tell him whento begin. Scott was repositioned and I resumed the instructions, informing Scott not to begin until told to doso. As I proceeded with the instructions, Scott again began to walk the line. I again had to stop him and havehim reposition his feet and wait for my instruction to begin. I again continued with the instructions and againScott started to walk the line before I was completed. I stopped him a third time and was advising him toreposition his feet again. Scott then advised he did not want to complete this FST. I advised Scott we couldmove onto the next FST and he agreed. During the walk and turn FST, I noted Scott appeared to havetremoring in his legs as he stood in the instruction phase position.

I began to give Scott the instructions for the Rhomberg-Balance (using time estimate). I explained theinstructions and Scott advised he did not want to complete any more field sobriety tests. Earlier in the stop,Scott had previously advised he would submit to a breath test and I asked if he still wanted to complete theportable breath test. Scott advised he would voluntarily complete the breath test. I used my assigned PBT andobtained a .000% BAC reading. After completing the PBT, Scott advised he would provide a consentualblood test as well, however, I informed him that was not necessarily a normal practice or procedure. Iinformed Scott that based on my observations thus far, I felt his ability to drive was impaired and advised himhe was under arrest for DUI. I secured Scott in handcuffs behind his back without incident. The handcuffswere double locked and checked for fit. Immediately upon being arrested, I advised Scott of his Mirandarights. When I asked Scott if he understood his rights, he told me "yes". I completed a search of Scott andlocated no items of contraband on his person. Shortly after being handcuffed, Scott complained the handcuffswere too tight and I adjusted them. The handcuffs were double locked again. Officer Cluff had arrived as aback-up unit and Officer Cluff secured Scott in the rear of the patrol car.

During my contact with Scott, he repeatedly stated the Gilbert Police Department knows who he is and that Iknew who he was. I informed him repeatedly that I had no idea who he was and to my knowledge, I had nevermet or interacted with him before. Scott stated that if I looked at his history I would understand the possibleclues of impairment I was seeing during our contact. I informed Scott that my decision to arrest him for DUIwas based solely on what I observed from his driving behavior through his attempted completion of the fieldsobriety tests.

After Scott was secured in the patrol car, I contacted the vehicle passenger, Scott`s wife, Dana. I informed herof the procedure regarding Scott`s arrest. I suspected Scott was impaired by drugs and I asked Dana if she hadbeen drinking alcohol or using any drugs. She advised she had not. I requested Dana exit the vehicle andmove to the rear. Dana complied and exited the vehicle. Dana chose to remove a large white purse from thevehicle and I advised I needed to check the bag for any possible weapons. Dana handed me the purse and Icompleted a cursory search of the larger pocket areas inside the purse. I located no weapons and handed herthe purse. I asked Dana if any contraband was in the vehicle and she advised "not to my knowledge". I then

of 12Printed by: (2486) 1/19/2017 16:49



Notes/Narrativesbegan a probable cause search of the vehicle related to any drugs which might be impairing Scott`s ability todrive. I began my search at the front passenger seat. The car was extremely dirty with trash and refuse allover.

During my search, I almost immediately located a glass smoking pipe under the front passenger seat. The pipewas at the front end of the underside of the seat. Based on the amount of trash and garbage behind the pipeunder the seat, it was clear the pipe had been recently placed in that location. The pipe had charred residueand smelled of marijuana. The pipe was wrapped in a piece of aluminum foil. I secured the pipe as possibleevidence in this case. I completed searching the remainder of the vehicle and located no other items ofcontraband.

When I asked Dana about the marijuana pipe in the vehicle, she stated it was not hers and that I would have toask Scott about the pipe. She was confusing in her responses and led me to believe Scott might have amedical marijuana card, but would not tell me straight out. I asked her if Scott had a medical marijuana cardand she advised I would have to ask him that medical information question. After speaking with Dana, I didnot observe any indications her ability to drive might be impaired and opted to release the vehicle to her at thestop location. Dana was informed of the location of the Santan Station where Scott would be transported.She advised she would be able to pick him up when processing was completed.

Officer Cluff transported Scott to the Santan Station for processing. I followed shortly behind.

At the Santan Station, I recontacted Scott and Officer Cluff in the detention area. Officer Cluff advised meScott claimed to have had a seizure while in the rear seat of the patrol car during transport to the station. Scottwas wide awake, alert and speaking without any noticable seizure type symptoms. I asked Scott if he neededme to contact the fire department to have them look at him and he advised he did. I used my PD radio torequest the fire department and advised them of the situation. Scott did not appear to be in any type ofmedical distress and I proceeded with processing while we waited for the fire department. I advised Scott ofthe Admin Per Se affidavit information at about 1050 hrs. Scott advised he understood all points and wouldsubmit to the collection of a blood sample. Scott indicated he was ok to walk to the phlebotomy area andmoved on his own power to that location.

Officer Lefler completed the blood sample collection at about 1052 hrs (Lefler`s time). During the bloodsample collection, Officer Lefler advised Scott of his right to an independent test. Almost immediately uponstarting the blood sample collection, the Gilbert FD arrived to evaluate Scott. Scott advised he wouldcomplete the blood sample collection before fire evaluated him. Scott remained in the phlebotomy chair whileFD evaluated him. Scott was unwilling to answer many of the fire departments questions, citing his right tomedical privacy. After completing their evaluation, FD determined Scott did not need to be transported andwould remain in our custody.

Officer Lelfer marked, sealed and secured the collected blood sample before it was turned over to me forimpounding. When FD was completed with their evaluation of Scott, I resumed processing. I asked Scott thequestions from the DUI interview form. Scott would not answer some questions and stated it was privatemedical information. See the attached DUI interview form. I asked Scott about the marijuana pipe found inhis vehicle and he stated he has a "prescription" for marijuana due to anxiety. Scott advised he has an AZmedical marijuana card. Scott advised he last smoked marijuana over the weekend. Scott stated he had notconsumed any marijuana today. I informed Scott again of his right to an independent test.

of 12Printed by: (2486) 1/19/2017 16:49



Notes/Narratives

CONTINUATION--------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I asked Scott if he wanted to submit to a DRE evaluation and he refused.

Scott was fingerprinted and photographed. Due to a bandage on his right index finger, the AFIS fingerprintentry was not electronically submitted as normal. When processing was completed, Scott was escorted to thePD Lobby and released to his wife.

After Scott was released, I secured the impounded evidence into police property. The collected blood kit andthe marijuana pipe will be forwarded to the DPS Crime Lab for drug content analysis. I also impounded a CDwith audio recordings.

Conclusion:On 05-23-12 at about 0941 hrs, Scott Huminski was stopped near Market and Williams Field, in Gilbert, forobserved traffic violations. Scott was determined to be driving while impaired and was arrested. He wastransported to the Santan Station for processing. Scott was released after processing pending the completionof lab analysis. This case is cleared by one adult arrest. The Town of Gilbert requests $135 restitution relatedto the blood sample collection and analysis.

Attachments:DUI PacketPhlebotomy ReportDPS Lab request x2

=========================================================================================================

of 12Printed by: (2486) 1/19/2017 16:49



07/20/2012 07:59:26 ADDITIONAL INFORMATION ADDED (2777) MCKINDLEY, TERI

Supplement InformationDate/Time Reported Supplement Type Supplement Officer

(1237) SAVOIE, RAYSupervising OfficerContact Name

Incident Case Status Incident Case Disposition Disposition DateStatus Date

MO Factors (Incident Report Only) NOBody Worn Camera Used

Supplement NotesDPS ANALYSIS RECEIVED ON THIS CASE. THE REPORT IS ATTACHED TO THIS SUPPLEMENT.

FILE NO.: 12000008324

OFFICER: KACIC #784

DATE: JUNE 26, 2012

NAME(S): HUMINSKI, SCOTT A.

ITEMS:

#317466 GLASS PIPE

EXAMINATION REQUESTED:

CONTROLLED SUBSTANCES

RESULTS / INTERPRETATIONS:

ITEM #317466 CONTAINED MARIJUANA RESIN RESIDUE.

of 12Printed by: (2486) 1/19/2017 16:49



10/04/2012 09:01:56 ADDITIONAL INFORMATION ADDED (2777) MCKINDLEY, TERI


(256) SHIPPEE, STEVESupervising OfficerContact Name



Supplement NotesDPS ANALYSIS RECEIVED ON THIS CASE. THE REPORT IS ATTACHED TO THIS SUPPLEMENT.

FILE NO. 12000008324

OFFICER: KACIC #784

DATE: JULY 11, 2012

NAME(S): HUMINSKI, SCOTT A.

ITEMS:

#317468 BLOOD SPECIMEN

EXAMINATION REQUESTED:

DRUG SCREEN

RESULTS/INTERPRETATIONS:

#317468 THE FOLLOWING PRELIMINARY TEST RESULTS WERE OBTAINED:

CANNABINOIDS NOT DETECTEDMETHAMPHETAMINE/MDMA NOT DETECTEDCOCAINE METABOLITE NOT DETECTEDOPIATES NOT DETECTEDBARBITURATES NOT DETECTEDBENZODIAZEPINES NOT DETECTEDMETHADONE NOT DETECTEDCARISOPRODOL NOT DETECTEDZOLPIDEM NOT DETECTED

of 12Printed by: (2486) 1/19/2017 16:49



Supplement Notes

of 12Printed by: (2486) 1/19/2017 16:49



12/18/2012 00:15:30 ADDITIONAL INFORMATION ADDED (784) KACIC, JOE


(862) SMITH, PETESupervising OfficerContact Name



Supplement NotesBased on the lab results from the DPS lab analysis and Huminski having an issued medical marijuana card, nocharges will be forwarded related to DUI or drug paraphernalia. This case will be cleared as INACTIVE.

of 12Printed by: (2486) 1/19/2017 16:49


ARREST REPORTR84 Completed

YesNo

1

2

1 ORI # 2 AGENCY NAME 3b CASE # 4 SFX

5 LAST, FIRST, MIDDLE NAME 6 ALIAS AKA

7 SEX 8 RACE 9 HGT. 10 WGT. 11 EYE 12 HAIR 13 SKIN 14

15 PLACE OF BIRTH (CITY, COUNTY, STATE)

SCARS MARKS TATTOOS AMPUTATIONS12

12

34

MF

WB

AI

16 SSN

1 2 3 4

17 DATE OF BIRTH 18 AGE 19 MISCELLANEOUS ID #

20 SID #

24 FBI # 25 Name ID #:

22 DL # 23 STPCN #

26 1

2

RESIDENT

NON-RESIDENT

27 HOME ADDRESS (STREET, CITY, STATE, ZIP) 28 RESIDENCE PHONE 29 OCCUPATION (BE SPECIFIC)

30 EMPLOYER (NAME OF COMPANY/SCHOOL) 31 BUSINESS ADDRESS (STREET, CITY, STATE, ZIP) 32 BUSINESS PHONE

AZ0071100 Gilbert Police Department

Huminski, Scott Alan

X X 5'10 197-0 BRO BRO

52

AZ

X

12-0000083243a.ARREST #

120004256

33 LOCATION OF ARREST (STREET, CITY, STATE, ZIP) 34 SECTOR # 35 ARRESTED FOR YOUR JURISDICTION? YES NOIN STATEOUT STATEAGENCY

36 CONDITION OF

ARRESTEE:

1

2

3

4

DRUNK

DRINKING

SOBER

DRUGS

37 RESIST ARREST?

1 YES 2 NO

38 INJURIES?

2 OFFICER 3 ARRESTEE

1 NONE 39 ARMED?

1 Y 2 N

40 DESCRIPTION OF WEAPON

41 DATE OF ARREST 42 TIME OF ARREST12

1. AM2. PM

3 MIL.DAY OF ARREST

S1

M2

T3

W4

T5

F6

S7

44 TYPE ARREST

12

45 ARRESTED BEFORE?1 YES 2 NO3 UNKNOWN

46 CHARGE-1 1 2FEL MISD

66 ARREST DISPOSITION

68 ARRESTED WITH (1) ACCOMPLICE (FULL NAME)

69 ARRESTED WITH (2) ACCOMPLICE (FULL NAME)

70 VYR 71 VMA 72 VMO 73 VST 74 VCO TOP

BOTTOM

75 TAG # 76 LIS 77 LIY

78 VIN 79 IMPOUNDED?1 YES 2 NO

80 STORAGE LOCATION/IMPOUND #

81 OTHER EVIDENCE SEIZED/PROPERTY SEIZEDCONTINUED IN NARRATIVE

82 JUVENILEDISPOSITION:

1 HANDLED AND RELEASED2 REF. TO JUVENILE COURT

3 REF. TO WELFARE AGENCY4 REF. TO OTHER POLICE AGENCY

5 REF. TO ADULT COURT 83 RELEASED TO

84 PARENT OR GUARDIAN (LAST, FIRST, MIDDLE NAME) 85 ADDRESS (STREET, CITY, STATE, ZIP) 86 PHONE

89 ADDRESS (STREET, CITY, STATE, ZIP) 90 PHONE87 PARENTS EMPLOYER 88 OCCUPATION

91 DATE AND TIME OF RELEASE12

AMPM

3 MIL.

92 RELEASING OFFICER NAME 93 AGENCY/DIVISION

95 RELEASED TO

94 ID #

96 AGENCY/DIVISION 97 AGENCY ADDRESS

98 PERSONAL PROPERTY RELEASED TO ARRESTEE

43

1 YES 2 NO 3 PARTIAL

99 PROPERTY NOT RELEASED/HELD AT: 100 PROPERTY #

101 REMARKS (NOTE ANY INJURIES AT TIME OF RELEASE)

LOCAL USE

STATE USE103 SIGNATURE OF RELEASING OFFICER102 SIGNATURE OF RECEIVING OFFICER

X

S Market St / E Williams Field Rd Gilbert, Az

05/23/2012 10:02 X X ON-VIEWARREST (NO X

X

Complaint/long Form Charging

VEHICLE RELATED TO: VEHICLE RELATION:

MULTIPLECASESCLOSED

104 CASE # 105 SFX 106 CASE # 107 SFX 108 CASE # 109 SFX 110 ADDITIONALCASES CLOSEDNARRATIVE

Y N

111 ARRESTING OFFICER (LAST, FIRST, M.) 112 ID # 113 ARRESTING OFFICER (LAST, FIRST, M.) 114 ID # 115 SUPERVISOR 116 WATCH CMDR.

ID #ID #Kacic, Joe 784 Girardin 815

47 UCR CODE 50 STATE CODE/LOCAL ORD. 51 WARRANT # 52 DATE ISSUEDDISPOSITION

48 CHARGE-2 1 2FEL MISDX 49 UCR CODE 53 STATE CODE/LOCAL ORD. 54 WARRANT # 55 DATE ISSUEDDISPOSITION

56 CHARGE-3 1 2FEL MISD 57 UCR CODE 60 STATE CODE/LOCAL ORD. 61 WARRANT # 62 DATE ISSUEDDISPOSITION

58 CHARGE-4 1 2FEL MISD 59 UCR CODE 63 STATE CODE/LOCAL ORD. 64 WARRANT # 65 DATE ISSUEDDISPOSITION

Dui-impaired To Slightest 90D 28-1381A1

Dui-drugs Or Metabolite 90D 28-1381A3

338622

Anyÿunauthorizedÿcopyingÿorÿdisseminationÿofÿthisÿreportÿisÿprohibited.WARNING:ÿThisÿreportÿisÿintendedÿonlyÿforÿtheÿuseÿofÿtheÿindividualÿorÿagencyÿtoÿwhichÿitÿisÿprovided,ÿandÿmayÿcontainÿinformationÿthatÿisÿconfidentialÿand/orÿexemptÿfromÿdisclosureÿunderÿapplicableÿlaw.

ADDITIONAL ARRESTNARRATIVE CONTINUED

117DATE AND TIME OF ARREST 12

AMPM

3 MIL

118a. CASE # 119 SFX

120ADDITIONAL ARREST INFORMATION

05/23/2012 10:02 X 12-000008324118b.ARREST #

120004256


Incident Information - WordPress.com… · I again continued with the instructions and again Scott...

Documents

Transcript of Incident Information - WordPress.com… · I again continued with the instructions and again Scott...