DWI Contest Gets Case Thrown Out
DWI Contest Gets Case Thrown Out
Greensboro, NC -- Drunk drivers kill innocent people every day. Some questionable actions by those who are supposed to protect us could comprise dozens of local DWI cases.
"I think it was misconstrued, and there was nothing wrong with what we did," says Major Tom Shepherd of the Guilford County Sheriff's Department.
It came as a shock to us, investigators having a contest just to do their jobs. That contest outweighed the court's role in determining one man's guilt or innocence.
It was a routine stop according to Major Shepherd, except for the fact the driver was a Greensboro Police Officer.
"In my opinion and everyone else's opinion who has looked at this, he had reasonable suspicion to stop that vehicle. He did nothing wrong."
But, a judge didn't see it the same way and threw out the case.
"Law enforcement should not have incentives to make arrests or to charge citizens," says Joel Oakley, defense attorney for the officer.
Joel Oakley describes that incentive as a contest.
"The problem is when they are using incentive to get something other than mere protection. Instead of me being out here doing my normal job I am going to find someone doing something just to charge them just to see if I can win."
In an effort to stress DWI's in district two, a lieutenant offered a free lunch to the deputy who made the most case.
"You're talking about paying for a five-dollar lunch, to me that's nothing. That's not a quota system, that's not asking people go chase all around Guilford County looking for drunk drivers," says Maj. Shepherd.
"You don't see anything wrong with them having a motivation to make arrests?" asks Frank Mickens from WFMY News 2.
"No, and every law enforcement agency in Guilford County does the same thing," answers Maj. Shepherd. "What he was trying to do was to advance the goals of the Sheriff's Department and get drunk drivers off the roads in Guilford County."
The Guilford County Sheriff's Department couldn't answer questions about how many deputies were involved and how long the contest ran. This creates another question: how many cases could this possibly affect?
"If some body comes in that was charged during the period which this contest was going on which those cases could very much still be alive, it usually takes more than six months to trial, cases could be out there, yes," says Joel Oakley.
"I don't care what it takes. We have got to get drunk drivers off the road, to hold them responsible for what they do. My daughter is dead because of a drunk driver," says Chuck Kennedy, who lost his daughter to a drunk driver.
Kennedy disagrees with the judge. He feels even if there was an incentive, people were still driving drunk.
"There are more rights in the criminal system then the victims. The individual was still drunk, he blew over the legal limit and should be held accountable for it."
"So what happened to the person who made this arrangement with his subordinates?" asks Frank Mickens.
"Nothing. He was told that was probably not the best way to go about it as far as the public perception. But other than that nothing," responds Maj. Shepherd.
"This is not something you're aware of happening on a regular basis in the Guilford County Sheriff's Department?"
"I've never heard of it happening before," replies the major. "This particular situation won't happen again."
The Greensboro Police officer who got pulled over eventually had his case expunged from court records.
The department reprimanded him, but he is still a member of the force.
While the Sheriff's Department couldn't tell us how many deputies were involved or for how long, we looked at the DWI arrests at that time, dozens of cases could be affected by the contest.