Derick Vanherwyn

Name:
Vanherwyn, Derick Scott

Date of Booking:
01/12/2026

Reason(s) For Booking:
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL

AGGRAVATED BATTERY FVA

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

On January 12th, 2026 at approximately 2106 hours, Deputy Hill was dispatched to [REDACTED BY AGENCY] Old US Highway 441, Baldwin in reference to a welfare check of a person passed out behind the wheel of a silver SUV.

Upon arrival, Deputy Hill located a silver Dodge Journey bearing Georgia tag #[REDACTED BY AGENCY] parked in a parking spot along the closed church building. Deputy Hill approached the vehicle and observed a white male unconscious in the driver’s seat strapped in his seatbelt, with his head slumped forward. Deputy Hill also noted the male had dried blood on his face and covering his shirt.

Deputy Hill observed the male for a short time and noted he was still actively breathing. Deputy Hill then loudly banged on the drivers’ window and after several strikes the driver was startled awake. Upon being awoken, the driver blankly stared at Deputy Hill as Deputy Hill identified himself and instructed him to exit the vehicle.

After more attempts, the driver opened the door and Deputy Hill inquired about the injury to his head to which he replied he “hit his head” and the blood was not coming from him. The driver then proceeded to tell firefighters that he was in a car accident where he hit an “animal or tree branch” on Harmony Church Rd.

At this point, the driver walked with Banks County Fire to be evaluated. Deputy Hill then walked back to the open driver’s door and detected a strong odor consistent with an alcoholic beverage emanating from the interior of the vehicle. Furthermore, Deputy Hill picked up a Styrofoam cup which was located in the drivers cupholder. The aforementioned cup contained crushed ice and had a smell consistent with alcohol emanating from it.

Deputy Hill also observed the vehicle had a push button start ignition. Deputy Hill pressed the ignition button to which the vehicle requested the operator press the brake and button to start indicating the key fob was in the vehicle and the vehicle was readily operable.

Deputy Hill then contacted the driver who was seated in the rear of the ambulance. The driver indicated he did not wish to go to the hospital and stated, “he just wanted to get away from a horrible night”. Deputy Hill confronted the driver by stating there was a strong odor of alcohol in the vehicle and his cup had a similar odor inside to which the driver stated there was no alcohol in the vehicle. The driver further stated that he had not been drinking at all and that he had come to the church to get away.

Deputy Hill inquired as to the situation he was getting away from and the driver advised he was in a domestic disturbance with his girlfriend at [REDACTED BY AGENCY] Harmony Church Rd, Baldwin in reference to him drinking and his prior relationship.

Deputy Hill then asked if the driver’s bloody state was a result of the crash or his girlfriend to which he replied it was due to his girlfriend. At this point the driver admitted that he and his girlfriend had “headbutted” which is the reason for his injury. Furthermore, their headbutting was the reason that he had left and that it occurred 2 hours prior.

At this point, Deputy Hill observed the driver had bloodshot watery eyes. Deputy Hill also noted the interior of the ambulance now strongly smelled of an odor consistent with alcohol. Deputy Hill accused the driver of drinking, to which he stated he did not drink at the current location but that he did drink at his residence. The driver then stated that he had 2-3 mix drinks with Jack Daniels.

At this point the driver identified himself as Derick Vanherwyn (D1). Derrick was released by Banks County EMS shortly thereafter.

Deputy Hill then spoke with Derick outside of the ambulance and asked him if he would participate in Standardized Field Sobriety Testing (SFST). Derick agreed to participate and the results are as follows:

Horizontal Gaze Nustagmus:

Derrick advised he did not suffer from resting nystagmus. Derrick stated he had suffered from a prior traumatic brain injury from when he was “blown up” while he was in the military. Deputy Hill noted Derick’s eyes were bloodshot and watery. Derick’s eyes tracked equally. Derick’s pupils were of even size. Derick’s eyes lacked smooth pursuit.

Deputy Hill observed nystagmus prior to the onset of 45 degrees in both eyes. Deputy Hill observed nystagmus at maximum deviation in both eyes. Deputy Hill did not observe vertical gaze nystagmus. Deputy Hill also noted an extremely potent odor consistent with an alcoholic beverage emanating from his breath and person during the exercises.

Lack of Convergence:

Derick’s eyes lacked convergence when the stimuli approached his nose.

Walk and Turn:

Deputy Hill attempted to place Derick into the starting position. Derick struggled to find the line despite him having picked it and Deputy Hill illuminating it with his flashlight. Derick then was not capable of standing on the line with his right foot in front of his left foot. Derick stumbled out of the position multiple times and had to use his arms for balance.

Deputy Hill inquired if he would be able to participate to which he stated he wanted to but his leg was hurt due to an injury from his military service. Derick insisted on trying again and ultimately failed. At this point Deputy Hill ceased the exercise for the safety of Derick.

Walk and Turn:

Derick was explained the exercise and provided a demonstration. Derick was given ample opportunity to ask questions or ask for further demonstration. Derrick was instructed to begin after he indicated he understood and did not have questions.

Upon beginning Derick swayed and used his arms for balance. Derick also failed to hold his foot level to the ground as he was instructed to do. Derick also failed to look at his foot as he was instructed to do. At approximately 15 seconds by Deputy Hill’s timer, Derick placed his foot down and stopped counting. At 18 seconds Derick began counting again starting at one before he placed his foot back down and stopped counting again.

Modified Rhomberg Balance:

Derick advised he knew how to count to 30 seconds nonverbally. Derick estimated the passage of 30 seconds in approximately 28 seconds. Derick failed to close his eyes during the exercise despite being instructed to do so and him advising he understood the instructions.

It should be noted Derick was found in his vehicle with no shoes on and in a cut off shirt. Prior to the exercise Deputy Hill asked if he had shoes or a jacket and he stated he did not. Due to the ambient temperature outside being close to 30 degrees, Deputy Hill completed SFST’s in separate blocks to allow Derick some time to warm up.

The first block Deputy Hill conducted Horizontal Gaze Nustagmus, Lack of Convergence and Modified Rhomberg Balance. Derick was given approximately 5 minutes to warm up in the back of Deputy Hill’s patrol vehicle before Walk and Turn and One Leg Stand was attempted. This was done to give Derick the best opportunity to succeed and present results that were as minimally affected by the cold weather as reasonably possible.

Due to the facts and circumstances stated above, Deputy Hill found probable cause to arrest Derick for DUI. Derick was placed into handcuffs behind his back while Deputy Hill ensured proper fitment and double locking.

Deputy Hill read Derick Implied Consent via an agency Issued Implied Consent card where he requested a blood sample. Derrick advised he was willing to provide the sample. Later he was transported to the Northeast Georgia Medical Center in Habersham where Phlebotomist [REDACTED] drew the blood sample. [REDACTED] sealed the GBI blood test kit and later relinquished it to Deputy Hill’s custody.

Deputy Hill also read Derick Miranda Warnings where he indicated he understood his rights and was willing to speak with Deputy Hill without legal counsel present. Deputy Hill inquired as to what occurred. Derick stated he was drinking at his residence when his live-in girlfriend of approximately 5 weeks [REDACTED BY AGENCY] (V1) came home and became upset with him.

Derick stated that [REDACTED BY AGENCY] headbutted him during the argument “out of frustration”. Derick advised that he did not physically touch or harm [REDACTED BY AGENCY] at any point. Derick initially advised after he was headbutted, he immediately left the residence. However, later he stated that he “chased her around the house” after he was headbutted. It should also be noted that Derick admitted that he was never in a traffic crash.

Deputy Hill observed Derick had a bloody swollen knot on his forehead which is consistent with having been headbutted or having headbutted someone else. Derick also had blood on his bicep, shirt and pants.

Later, Deputy Schuster arrived at [REDACTED BY AGENCY] Harmony Church Rd, Baldwin and made contact with [REDACTED BY AGENCY]. Deputy Schuster noted [REDACTED BY AGENCY] had a large bandage on her forehead that was leaking blood onto her face.

Deputy Schuster inquired as to what happened and [REDACTED BY AGENCY] stated that she fell. However, after being confronted with Derick’s arrest and statements, [REDACTED BY AGENCY] advised Derick “fell into her” due to his severely drunken state. [REDACTED BY AGENCY] advised that she lives with Derick and they are actively dating since around Thanksgiving time.

Furthermore, [REDACTED BY AGENCY] stated she has property at the house and pays all the bills due to Derick not having employment. Deputy Schuster offered EMS services to [REDACTED BY AGENCY] to which she declined advising she would visit urgent care on the following day.

Deputy Schuster observed an extremely large swollen lump on [REDACTED BY AGENCY] head. In the center of the swollen lump, Deputy Schuster observed a laceration that was approximately 2 inches in length which was still actively bleeding 2-3 hours after the incident. Deputies determined the injury to [REDACTED BY AGENCY] would likely have required significant amount of force to cause.

Deputies determined it was not reasonable that Derick falling into her was the sole force that caused this injury. Deputy Schuster took digital photos of [REDACTED BY AGENCY] injury and later uploaded them to Evidence.com. It should be noted Deputy Schuster showed the photo to Banks County Firefighters who advised the injury appeared to be severe and would likely need immediate stiches or else she would risk permanent scarring.

Due to the facts and circumstances stated above, Deputy Hill determined he had probable cause to charge Derick with Aggravated Battery (FVA) due to [REDACTED BY AGENCY] forehead receiving significant injury that would likely result in permanent disfigurement (scarring).

Derick was transported to the Banks County Jail (160 Windmill Farm Rd, Homer) with charges of DUI and Aggravated Battery (FVA). Deputy Hill searched the prisoner compartment of his patrol vehicle before and after Derick occupied it. Subsequently, no contraband was located. While walking Derrick into booking, Deputy Hill inquired again how much he had to drink to which he replied that he had been drinking since 10 AM.

Deputy Hill submitted the GBI blood test kit into the Banks County Sheriff evidence lockers.

Deputy Hill has successfully attended the Standardized Field Sobriety Testing (SFST) and Advanced Roadside Impaired Driving Enforcement (ARIDE) courses.

[End of Narrative]