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Middleburg Hts Police Department

15850 BAGLEY ROAD 440-243-1234


In Progress NO Method Received IN PERSON Time Received 0132

Incident Number 11-00492


Time Cleared 0230

Um-fmm Inc,-den, / Offense Rem


Time Dispatched 0132 Time Arrived 0132

Report Date / Time

Incident Occurred From

Incident Occured To

Date
Saturday 04/23/2011

Time
0245

Date
Saturday 04/23/2011

Time
0132

Date
Saturday 04/23/2011

Time
0230 Zone 1

Location of the Incident (Street #, Street, Apt. #, City, State, Zip) I71N/B BAGLEY RD, EAST MIDDLEBURG HEIGHTS OH 44130 Persons: ALEXANDER S BUTLER - ARA Property:

Involved: DANA M NUNEZ - PAS 4 RYAN NAGY - vrc crrv or MIDDLEBURG msrcnrs - vrc
Units: 15; 2nd; 3rd; 4895 4894 4898 . Of cers: PTL DENNIS SANTIAGO PTL RYAN NAGY PTL RANDY COWIE

0 Amountr 0.00

4th: 5th:
R6P0I'lI Codes: 1313B 5404C 704 PTL DENNIS SANTIAGO Descriptions: SIMPLE ASSAULT - POLICE OFFICER OVI-OPER VEH UNDER INFLUENCE OF LIQUOR OFFENSES Photos: 0 Arrests: 1

Weapons Used: None Entry;

Trade Marks:

Hate Bias NO Location Type: Highway/roadway/street

Refer to Arrest:

Incident#:

T0w#: 1100143

Dispatcher: 0005

OTTICCT ill Ch rgei 714

Entry ldi 704

Case Status:

Not Cleared

Cleared Date:

/ /

Cleared By:

Narrative:

11-00492

Page:

On Saturday, April 23, 2011 at 0132 hours this of cer was patrolling northbound on Pearl Road/US42 near Interstate 71 Northbound entrance ramp. During patrol this of cer observed a black Toyota Tacoma (bearing Ohio registration #DVT 8830) traveling southbound on Pearl Road in the center thru lane with no headlights/tail-lights on. This of cer conducted a U-turn and began following the vehicle. The vehicle turned left onto I-7lN/.B ramp without using a ttnn signal. The vehicle failed to use a turn signal again when merging onto the highway. The vehicle failed. to maintain its lane of travel. The vehicle weaved to the right, going over the solid white line and over the rumble strips. This of cer tumed on the emergency lights and siren of Unit 4895 to pull the vehicle over and initiate a traf c stop.

The driver, Alexander S. Butler (listed as arrested adult), was subsequently arrested for OVI.
BURGETTC

Reviewin Su ervisor:

Bureau Supervisor:

Of cer:

Narrative:

11-00492

Page:

While on-station during the booking process, Butler struck Ptl. Nagy with a closed st in the face.

BURGETTC

Reviewin Su I ervisor:

Bureau Supervisor:

Officer:

Middleburg Hts Police Department


Persons Involved with Incident
Incident #2 1 100492 Last Name: BUTLER Master Number: Relation: 001 ARREST First Name: ALEXANDER

Incident Number Page #


Arrest #:

1 Date of Contact:
04/23/201 1 Cell Phone: Phone: 440-785-8948

11'00492

Street #: Street Name:


18268 WINCHESTER CRT

Apt:

Mi: Til: DOB: SSN: S 08/21/1985 City: St: Zip: STRONGSVILLE OH 44136

Pager: Employee Phone:

Hgt: 505

Wgt: 160

Hair: BRO
5403

Eyes: Race: Sex: Physical Marks: BLU W M L - thumb


DRIVING UNDER THE INFLUENCE OF DRUGS

Offenses:

1313
5406B

SIMPLE ASSLT
DRIVING IN WEAVING COURSE

Resident Class: Other Incident #: l 100492

Suspected of using: /

Victim Type: / Arrest #: Mi: M


City:

Master Number: Relation: 002 Passenger Til:

Date of Contact: 04/23/201 1 Cell Phone: Phone: Pager; Employee Phone

Last Name: First Name: NUNEZ DANA Street #1 Street Name: Apt: 3637 WEST l38TH ST Hgt: 504 Wgt: 130 Hair: BRO
5404C

DOB: SSN: 07/13/1987


St: Zip:

CLEVELAND

OH

44111

Eyes: HAZ

Race: Sex: Physical Marks: W F

Offenses:

OVI-OPER VEH UNDER INFLUENCE OF LIQUOR

Resident Class:

Suspected of using: /

Victim Type: / Arrest #: SSN1 St: OH Zip: 44130 Date of Contact: 04/23/201 1

Incident #: 1 100492

Master Number: Relation: 003 Victim

Last Name: First Name: Mi! Tilt DOB! NAGY RYAN PTL / / Street #: Street Name: Apt: City: 15850 BAGLEY ROAD MIDDLEBURG Hgt: Wgt: Hair: Eyes: Race: Sex: Physical Marks: W M
Offenses: 1313B SIMPLE ASSAULT - POLICE OFFICER

Cell Phone:
Phone: 440-243-1234

Pager:
Employee Phone:

Resident Class: Other

Suspected of using: /

Victim Type:
/ Police Of cer

Reviewing Supervisor:

Bureau Supervisor:

Of cer:

Middleburg Hts Police Department


Persons Involved with Incident Page # 2

I" N""
11 92

Incident #: 1100492

Master Number: Relation: 004 Victim First Name: CITY OF Apt: Eyes: Mi: City:
MIDDLEBURG

Arrest #: Til: DOB: / / St!


OI-I

Date of Contact: 04/23/2011 gel] Phone; Phone:


440-243-1234

Last Name: MIDDLEBURG Street #1


15850

SSN: ZIP:
44130

Pager; Employee Phone

Street Name:
E BAGLEY RD

Hgt:

Wgt:

Hair: 1313B

Race: Sex: Physical Marks:

Offenses:

SIMPLE ASSAULT - POLICE OFFICER

Resident Class: Not Reported

Suspected of using; /

Victim Type: Goverment

Reviewing Supervisor:

Bureau Supervisor

Officer:

Middleburg Hts Police Department


Vehicles Involved with the Incident

Incident Number

II ' 00492
LIC Type: VIN #: PC 5TEUU42NX7Z352728
Tow No: 1100143 Date of Theft: / /

No: 001
Year: 2007

Value: 0.00
Make: TOYT Model: TAC

Plate: DVT8830
Style: PK

LIC s.= OH

LIC Yr.: 08/21/201 1

Color: BLK / BLK

Ownership Veri cation:


NCIC# 1831

Recovery Condition:

Recover Date: Recover Location:


O4/23/201 I

Owner Applied #:

Front:

NO

Rear;

NO

Damaged Missing: Doors : NO Deck: NO


T fans : NO Ignition: NO Dash: NO

Interior: NO Vin Plate: NO Misc:

NO Engine? LIC plate; NO

Other:

Reviewing Supervisor:

Bureau Supervisor:

Of cer:

Middleburg Hts Police Department


Investigative Report 001 Title/ Subject: OVI/MISC TRAFFIC/ASSAULT Page #= 1

I'N"'"'
11-00492

On Saturday, April 23, 2011 at 0132 hours this of cer was patrolling northbound on Pearl Road/US42 near the Interstate 71 Northbound entrance ramp. During patrol this of cer observed a black Toyota Tacoma (bearing Ohio registration #DVT 8830) traveling southbound on Pearl Road in the center thru lane with no headlights/tail-lights on. This of cer conducted a U-turn and began following the vehicle. The vehicle turned left onto I-71N/B ramp without using a turn signal. The vehicle failed to use a turn signal again when merging onto the highway. The vehicle then failed to maintain its lane of travel. The vehicle weaved to the right, going over the solid white line and over the rumble strips. This of cer turned on the emergency lights and siren of
Unit 4895 to pull the vehicle over and initiate a traf c stop.

This of cer observed a male in the driver's seat with a female passenger. The male was identi ed as Alexander S. Butler (listed as arrested adult). This of cer asked Butler if he was aware of the reasons for the traf c-stop. Butler stated that he knew and it was because of speeding and weaving. When advised, Butler was unaware that his vehicle lights were not on. Butler was already holding onto his insurance and registration
papers in his hand. When asked, Butler fumbled around his wallet to nd his driver's license. This of cer

asked Butler where he was coming from and where he was headed. Butler stated that he was coming from Strongsville where he was "somewhere driving" and headed to Westlake. It was immediately apparent to this of cer that the eyes of Butler were bloodshot and watery/glassy. While speaking with Butler, his speech was very slurred and confused. This of cer also smelled a strong odor of an alcoholic beverage coming from Butler as he was talking. This of cer then asked Butler if he had been drinking alcohol prior to driving, which he denied. This of cer then proceeded to perform a Horizontal Gaze Nystagmus (HGN) Test while Butler was still in the vehicle. This of cer observed clues of impairment in both eyes. During the test, Butler was told repeatedly to follow the stimulus with his eyes. This of cer then informed Butler of the clues of impairment that were observed, and Butler stated that he was unsure of any possible reasons. This of cer then asked Butler to exit his vehicle to perform the three NHTSA approved Standardized Field Sobriety Tests (SFST). Upon exiting the vehicle, Butler exited rather slowly and was very unsteady on his feet. Also upon exit, this of cer observed Butler using the door and vehicle for extra support. This of cer advised Butler to stand behind his vehicle while this of cer went to shut off the front emergency lights. Butler was observed leaning
and sitting on the rear bumper of his vehicle. This of cer then proceeded to administer the Horizontal Gaze

Nystagmus (HGN) Test. This of cer rst checked for pupil size, resting nystagmus, and equal tracking. This
of cer then checked for a lack of smooth pursuit. Butler showed clues in both his left and right eye. This

of cer then checked for a distinct and sustained nystagmus at maximum deviation in both eyes. Butler showed clues of impairment in both eyes. This of cer checked for the onset of nystagmus prior to 45 degree angle. Butler displayed clues in both eyes. During the test, Butler was noticeably swaying and was told repeatedly to follow the stimulus with his eyes. This of cer observed a total of six clues of impairment for the horizontal
gaze nystagmus test.

The second eld sobriety test this of cer administered to Butler was the walk and turn. This of cer
explained the instructions and veri ed Butler understood, which he stated he did. Butler refused to listen to

directions completely and was told to not begin any activity until all directions were given. Butler repeatedly

By: PTL DENNIS .SANTIAGO Reviewing Supervisor:

Badge#

704

Date: 04/23/2011 Date: ii

Time: 0245

Middleburg Hts Police Department


Investigative Report 001 Titlel Subject: OVI/MISC TRAFFIC/ASSAULT Page #= 2

IN"""'
11-00492

interrupted this of cer by begirming the test before instructions were given. During this of cer's instructions, Butler could not maintain balance and stepped out of the starting position. Butler began the test before instructions were nished. During the test, Butler did not walk heel-to-toe and stepped off line a majority of his steps. Butler raised his arms more than 6", covering his ear with his right hand and using his left hand to block approaching headlights with his left hand. Butler lost his balance while tuming. When walking back
down the line, Butler stated that it was easier without the lights shining in his face. Butler continued to not

walk heel to toe and step off line. Butler took 25 steps back down the line, walking all the way to the front of his vehicle, while yelling out every couple numbers. Butler was observed holding onto his vehicle as he walked passed it. This of cer had to advise Butler that the test was over in order for Butler to discontinue. During the walk and turn test, this of cer observed eight total clues of impainnent. The next SFST administered to Butler was the one leg stand. This of cer explained the directions to Butler. Butler again began the test before instructions were completed. Butler stated that he knew the
directions and proceeded to lift up his leg and raise both arms out wide. This of cer had to advise Butler

repeatedly to not begin the test until instructions were completed. Once this of cer completed the instructions, Butler stated he understood. While being in the starting position and listening to instructions, Butler had a slight sway. Butler then began to perform the test. Butler raised his foot and put it back down at the count of 2. It took Butler an unusually long time before he raised his foot up again. During the test, Butler put his foot down numerous times before reaching the count of 14, swayed while trying to balance, and raised his arms more than 6" for balance. At the count of 14, Butler discontinued counting by one-thousands. At one point during the test, Butler almost fell over. This of cer then stopped the test for Butler's safety. During the one leg
stand test, this of cer observed four total clues of impairment.

This of cer concluded that Butler was operating a motor vehicle, without headlights/taillights on, not using turn signals to notify other drivers, weaving and failing to maintain its lane of travel, having a strong odor of an alcoholic beverage, watery/glassy bloodshot eyes, slurred and confused speech, and clues from the SFSTs gave this of cer probable cause to believe that Butler was under the in uence of alcohol and had operated a motor vehicle (OVI). Butler was placed under arrest and placed in the backseat of police vehicle #4895. Butler advised this of cer that he had "drugs and guns" in his vehicle. While in the backseat, Butler proceeded to lie down and kick his feet in a bicycle type motion. Butler continued this activity the entire time
while in the backseat.

Patrolman Randy Cowie #727 was the assisting of cer on-scene. Ptl. Cowie identi ed the passenger as
Dana M. Nunez (listed as passenger), and placed her in the back of vehicle #4898. Once the vehicle was

empty, this of cer informed dispatch that a tow would be needed. Prior to the arrival of Rich's Towing Ptl. Cowie and this of cer performed a vehicle inventory. The inventory was completed without incident and the
vehicle was later towed by Rich's. Butler was transported back to Middleburg Heights Police Department to be

booked and processed. Once on station, Butler was very uncooperative and could not give proper information regarding his

By: PTL DENNIS .SANTIAGO Reviewing Supervisor:

Badge#

704

Date: 04/23/2011 Date:

Time: 0245

Middleburg Hts Police Department


Investigative Report 001 Title / Subject: OVI/l\/IISC TRAFFIC/ASSAULT Page #: 3

I'N'"
112

personal information that was needed for the booking process. Butler asked Patrolman Ryan Nagy #707 (listed
as victim), assisting of cer on-station, if he could smile for his photo that would be taken. Butler stated that

his aliases were "Potato" and "Salad." Butler was unable to provide the correct number of digits for his phone number. Butler stated that his phone number was "999555." Butler advised this of cer earlier that he lived in an apartment complex in North Royalton, however gave the address to 18725 Saratoga Trail in Strongsville. Butler also used the same ve digits " l 8725" for one of his phone numbers. While in the booking room, Butler laid on the bench and proceeded to kick his legs in the bicycle type motion, exactly the same way as in the backseat. Butler advised this of cer that he wanted to take the breathalyzer before any mentioning of it. Butler continued to act uncooperative by standing up ntnnerous times after being told to sit. Butler left the booking
room twice and had to be physically brought back by Ptl.Nagy and this of cer. The second time Butler was

brought back, Butler proceeded to act as dead weight and would not sit on the bench. Butler would just fall down to the ground. While Butler was laying sprawled out on the ground this of cer read aloud the advice from BMV Form 2255, Consequences of Test and Refusal (ORC 4511.192) to Butler (04/23/2011). After reading the form, Butler stated, "I refuse." Butler was then placed back on the bench. This of cer then went to get the fonn signed and noti ed by our dispatcher. This of cer then returned to the booking room and observed Ptl. Nagy removing the right shoe from Butler. Ptl. Nagy then reached down to remove Butler's left shoe, when Butler proceeded to strike Ptl. Nagy in the right side of the face with a closed st. Ptl. Nagy, Ptl.
Cowie, and this of cer were able to restrain Butler down to the ground where he was handcuffed. Butler was

dragged and placed into the bullpen cell because he again acted as dead weight. Reference the supplement of Ptl. Nagy for his statement regarding the incident. On 04/24/11 at 0545 Butler was provided his rights verbally and in writing. He declined to answer any questions in reference to this incident. All other appropriate paperwork was then completed. Butler was ngerprinted and given a $700 personal bond for the OVI/traf c charges. CHARGES: Alexander S. Butler was charged with the following charges in Mayor's Court, City of Middleburg Heights, with an initial court date of Wednesday, April 27, 2011 at 0900 hours:

OVI
Turn Signals

ORD 434.0lal(A)
ORD 432.l3a

Continuous Lanes ORD 432.08a Lighted Lights ORD 438.02a

Bond set at $700.00 Personal Bond. ADDITIONAL: To be held for the Detective Bureau on the charges of Assault on a Peace Of cer. Assault ORC 2903.13 (A) - Felony 4th Degree

By: PTL DENNIS .SANTIAGO Reviewing Supervisor:

Badge#

704

Date: 04/23/2011 Date: _i__i

Time: 0245

Middleburg Hts Police Department


Investigative Report 001 Title/ Subject: OVI/MISC TRAFFIC/ASSAULT Page #= 4

I"N""
11'00492

ATTACHMENTS: BAC Datamaster Subject Test Fonn

BAC Datamaster Evidence Ticket


Law Enforcement copy of BMV form 2255

Hard copy of ngerprint card OVI Arrest Report Miranda Rights form
Copy of Citation MH170473

Copy of Tow report

By: PTL DENNIS .SANTIAGO

Badge#

704

Date: 04/23/2011

Time: 0245

Reviewing Supervisor:

Date: R

Middleburg Hts Police Department


Investigative Report 002 Title / Subject: OVI/Misc Traf c/ Assault Page #: 1

Id*Nb"'
11"00492

As Ptl. D. Santiago #704 was reading the BMV 2255 to Butler he was laying on the oor of the

booking room due to the fact that he walked out of the booking room a couple tirnes and was subsequently
dragged back. After Butler refused to provide a breath sample he was placed back onto the bench in the

booking room and asked to remove his shoes. Butler responded "I can't nd my shoes". R/O asked again and he stated the same thing. At that time R/O reached down and removed his right shoe without incident. R/O then reached for his left shoe and while I was bending forward R/O was struck in the right side of my face by Butler's left closed st. R/O responded by removing Butler from the bench onto the oor and at that time Ptl. R. Cowie #727 along with Ptl. D. Santiago #704 arrived back into the booking room and assisted R/O placing
handcuffs on Butler and placing him into the bullpen. This of cer does not have any visible injuries

pertaining to the assault.

By: PTL RYAN .NAGY Reviewing Supervisor:

Badge#

707

Date: 04/24/2011 Date: i____

Time: 0435

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