Collier deputy faces second accusation (Groping)

Fort Myers News-Press ^ | 07-11-03 | By DENES HUSTY III

[AAABEST]

For the second time in less than a year, a woman has accused Collier County sheriff

[AAABEST]

I know that a cop can't "order" you to take a roadside sobriety test. Does anyone know if once you're taking one of these tests and you walk away, can the officer then become physical and start grabbing things?

Notice that he couldn't charge her with DUI, so he lied about smelling alcohol. What else is he lying about?

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[bandleader]

Sounds to me like Officer Burch has a future in The DemonRat Party!!One day,he could run for the office of"Groper-in-Chief"!!!

[robertpaulsen]

I wonder. Could you "smell alcohol" on a person, yet that person passes a roadside sobriety test?

I guess not, huh?

[AAABEST]

Those roadside tests are a joke. If he smelled alcohol on her and thought that he would be able to nail her on a DUI he would of had her blow to strengthen his case. From what I understand they would have her do a breathalizer as SOP if she were arrested under some circumstances.

If he didn't have her blow, then that means he didn't smell alcohol. If he did have her blow, not being charged with DUI means she came up negative. It would be impossible for him to smell alcohol on her and it not tilt the meter on a breathalizer.

As I said, he's lying.

[AAABEST]

Naples area ping. This has been posted on the local forum and have a call in to the BSO with some pointed questions. I also intend to try to get a hold of this lady to see if she wants to say anything. I'm guessing she'll probably be mum until the court date but I'll keep you posted.

[robertpaulsen]

"From what I understand they would have her do a breathalizer as SOP if she were arrested under some circumstances."

I would think you do a roadside test first (which is sujective). If the person fails, a breathalizer (objective) would be done to solidify the charge.

Are the cops allowed to walk up to the window, breathalizer in hand, and order you to blow? I would think they would need a good reason. Given the .08 laws, they could make alot of money that way. But, WTF do I know?

[TonyWojo]

This morning on the way to work on the Blvd. One of Collier County's Finest, turns on flashers backs out of a driveway brings traffic to a halt. A Brunette smiling and waving to the sheriff pulls out of the driveway and off she goes. I never have a deputy stop traffic for me to pull out of a driveway.

[AAABEST]

You're missing my point. He never did smell alcohol or he would certainly have made her blow, regardless of how she performed on the "test".

As you say .08 is low and if he was sincere about smelling alcohol (and was an astute cop) he had to consider that she could be on the low end of the threshold - maybe a .09 or whatever - and able to beat the test. To inusure that he wasn't letting a DUI go he would blow her, unless of course he wasn't doing his job and decided not to follow through after smelling alcohol.

I'm going to get the police report and learn more, but if he's going around grabbing peoples wives and daughter and bearing false witness he needs to be flushed down the toilet, not defended.

[robertpaulsen]

"but if he's going around grabbing peoples wives and daughter and bearing false witness he needs to be flushed down the toilet, not defended."

Well, that goes without saying. And the fact that he was accused (yet cleared) of similar conduct doesn't help his case. I'm not defending the guy, just his procedure.

The guy smells alcohol. She could have just had a drink and be a .06 as far as anyone knows. I agree she wasn't drunk, but was she drinking? Is it plausible that he smelled alcohol or can she show that she wasn't drinking? That would certainly bolster her case.

My question is, if he did indeed smell alcohol, what is the next step, usually? I say, walk a line, touch your nose, etc. You say the next step is the breathalizer. I don't agree, that's all.

[AAABEST]

My question is, if he did indeed smell alcohol, what is the next step, usually? I say, walk a line, touch your nose, etc. You say the next step is the breathalizer. I don't agree, that's all.

Lol. That's not what I'm saying.

What I'm saying that if an officer smells alcohol on you, you're getting blown one way or the other if he's doing his job, whether the field test is done or not. Otherwise, the only other conclusion is that the officer smells alcohol but relies on a field test to override his lying nose.

Forget about that for a second. I'm going to find out for sure if she was given a breathilzer. Two possible scenarios:

1. They did give her a breathilzer and it came up negative which begs the question; How did Officer Burch smell alcohol if she was under .08 or hadn't been drinking? The 2 answers he could give is a. I "thought" I smelled alcohol, which we all know is BS. or b. she was under the legal limit as is your scenario, but he has supernose. Now, unless she did a shot of Jack, ran to her car and was pulled over immediately, I can't see how one would smell alcohol after approximately one drink, especially if we are to assume that any amount of time passed from when she had the drink and when she was pulled over.

2. They didn't give a breathilizer which would raise many questions given the nature of the incident. I mean if you take Burch's word for it and he smelled alcohol, they would be foolish or incompetant not to test after such an altercation.

I appreciate the exchange BTW, you're keeping me on my toes. I'll keep you posted.

[AAABEST]

OK here is a much better story.

There's a video of the suspect and a downloadable copy of the police report. Turn out that there was a bottle disinfectant in the car which gave off the alcohol smell, so I have egg on my face BIG TIME (I owe you one there).

That said there are a few major problems I have with the account given in the police report, see if you pick them up.

[robertpaulsen]

There's a whole bunch that doesn't make sense.

1)If she used alcohol to clean up, why wouldn't she do that at work?
2)If she used alcohol in the car (a possibility), doesn't denatured or rubbing alcohol have a distinct odor unlike that of, say, scotch?
3)I don't know any woman who would clean any part of her skin with pure alcohol (very drying). I find this part of her story hard to believe.
4)The cop said he smelled it on her breath (original story) not "in the car".
5)She said she didn't scratch him with her nails. OK, but it could have been a watch, ring, etc. No defense there.
6)I thought police cars had video cameras to record scenes such as this. Not this car, I guess. Strange (and too bad).
7)Sexual complaints are not common, according to your second story. And this guy has two of them in ten months. Not good.

Bottom line? The truth, I think, is somewhere in between. Maybe she was acting strange, maybe he copped a feel (first rim shot). Anyway, it'll go on his record, again, and he either straightens up or he's gone. No one will believe him a third time.

BTW, when he pulled next to her, did he take a long look at her face, or did he take a look at her long face? (second rim shot)

[AAABEST]

Bottom line? The truth, I think, is somewhere in between.

I'm with you on this.

I talked with the reporter and he said he found her very credible, said she looked him in the eye the whole time and his professional BS meter didn't go off. I also talked to the PR lady at the Sheriffs Office and a procedures guy. I would write more but I gotta run and take care of some biz. BBL.

[GladesGuru]

Perhaps he did try to make her "blow" and she refused - from whence developed all that has followed.

[AAABEST]

HAHA!!!