Name:
Pittard, Barry Myreon
Date of Booking:
05/03/2023
Reason(s) For Booking:
Improper Stopping on Roadway
Driving while License Suspended or Revoked – 1st Offense
DUI-Driving Under the Influence of Alcohol-Concentration 0.08g or more w/in 3 hrs
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.]
[NARRATIVE #1 on May 03, 2023]
On 5/3/2023 at 0218 hours, I was dispatched to University Pkwy near intersection of Harrison Mill Rd to assist with a traffic investigation. I responded code 1.
On arrival, I was met by Deputy Catapano who stated that he had stopped to investigate a U-Haul owned Ford Transit van, displaying Arizona tag number [REDACTED], that was stopped half in the roadway. Catapano stated that a man and a woman were in the rear. He stated that the man, identified as Khalife Grisson, had a warrant. He stated that the female in the back, identified as [REDACTED], was unlicensed. He stated that the male in the front, identified as Barry Pittard, had a suspended license.
We had Grisson exit the van and placed him in handcuffs. We explained that he had a warrant. I asked him how they came to be there. He stated that they were moving and had run out of gas. I asked who had rented the van and he stated his brother. I detected the strong odor of an alcoholic beverage. I asked where he had been sitting and he stated that he and his girlfriend sat in the back. He stated that there was no room in the front. He told me that Barry was driving the van.
We next spoke to [REDACTED] who stated that she was not feeling well and had been in the back of the van. EMS was summoned for her. We had Barry step out of the van. Barry stated that he had been driving when they ran out of gas. Catapano detected the strong odor of an alcoholic beverage. He asked Barry how much he had to drink. Barry stated two shots. I asked two shots of what and he told me Crown Royal. I asked where he had drunk it and he stated a bar.
I told Barry that since he was driving and had been drinking, I wanted to perform some evaluations to assess his ability to drive and asked if that was okay. Barry agreed to participate. I asked again what he had shots of and now he said Fireball. I asked Barry if he wore contacts and he stated that he did not. I asked Barry if he took any drugs or had any medical conditions and he stated that he used marijuana, but not today. I asked Barry if he had any condition that would prevent him from standing, walking, or turning. Barry stated that he did not.
I told Barry to stand with his feet together and his hands at his sides. I asked Barry to look forward and not move his head. I told Barry to follow my light with his eyes only. I asked Barry if he understood, and he stated that he did.
I checked for equal pupil size and detected it. I checked for resting nystagmus but did not detect it. I checked for equal tracking and detected it. I checked for lack of smooth pursuit and detected it in both eyes. I checked for distinct and sustained nystagmus at maximum deviation and detected it in both eyes. I checked for angle of onset of nystagmus and detected it at 40 degrees in both eyes. I checked for vertical nystagmus and did not detect it. His eyes were bloodshot and watery. He swayed. I detected six clues.
I told him to stay in that position and told him that I was going to circle his face with my light, I told Barry to follow the light with both eyes. I told Barry that I would bring it towards his nose, and he was to follow it with both eyes. I told Barry that if he needed to cross his eyes that was okay. I asked Barry if he understood, and he stated that he did.
I checked for lack of convergence and observed it. Neither eye would come to center.
I told Barry to stay in that position with his feet together and his hands at his sides. I told Barry to stay in that position while I explained what he needed to do. I told Barry that when instructed he was to lean his head back and close his eyes. I told Barry that when I told him to begin, he was to tell me when he thought 30 seconds had elapsed. I told Barry that when he thought 30 seconds had elapsed, he was to open his eyes and say stop. I asked Barry if he understood, and he stated that he did. I told Barry to lean his head back and close his eyes. I told him to begin.
Barry estimated 30 seconds in 29 actual seconds. He swayed.
I showed Barry a straight line and to place his left foot on it. I told Barry to place his right foot in front of it, heel-to-toe. I told Barry keep his hands at his sides and demonstrated. I told Barry to stand in that position while I demonstrated the nine step walk and turn evaluation and not to begin until told to do so. I asked if he understood, and he stated that he did.
I demonstrated how Barry was to take nine heel-to-toe steps remaining on the line. I explained that on the ninth step Barry was to keep his front on the line and turn around with a series of small steps with the rear foot. I explained that Barry was then to return nine heel-to-toe steps. I explained that he was to look at his feet, count his steps aloud and keep his hands at his sides.
I explained that once Barry began, he was not to stop until complete. I asked Barry if he understood, and he stated that he did. I told Barry to begin. On the first nine steps, Barry missed heel-to-toe by more than one half inch on steps 3-9. He turned by lifting both feet and raised his arms by more than six inches. On the second nine steps, Barry missed heel-to-toe by more than one half inch on steps 4, 5, and 7. I observed three clues in the walking stage.
I told Barry to stand with his feet together and his hands at his sides and he complied. I told Barry I was going to demonstrate the one leg stand evaluation. I told Barry not to begin until told to do so. I asked if understood and he stated that he did.
I demonstrated how Barry was to lift a foot of his choice approximately six inches off the ground and pointed out. I explained that he was to keep both legs straight and keep his hands at his sides. I told Barry he was to look at the raised foot and count aloud in the following manner, 1001, 1002, 1003, etc. until told to stop. I explained it a second time. I asked Barry if he understood, and he stated that he did. I told Barry to begin.
Barry put his foot down, swayed and raised his arms by more than six inches. I observed three clues in the counting and balance stage.
I retrieved my portable breath tester and Barry provided a breath sample that was positive for the presence of alcohol (BAC.122). His pulse rate was 140 beats per minute.
I told Barry that I knew he had drunk more than two shots and asked him to be honest with me. He now told me that he had drunk five shots and a beer.
I placed Barry under arrest. I read Barry the Implied Consent notice for individuals aged 21 years and over and asked if he would take the state administered breath test. Barry agreed to provide a breath sample at the detention center.
I handcuffed Barry, checked for fit and double-locked them. I searched Barry for contraband and found none. I placed Barry in the rear seat of my patrol car.
I transported Barry to the Barrow County detention center where he provided two breath samples for the Intoxilyzer 9000 which I operated. Both breath samples were positive for the presence of alcohol. The lower sample had a BAC of .120.
I cited him for DUI per se (OCGA 40-6-391), suspended license (OCGA 40-5-121) and improper stopping on the roadway (OCGA 40-6-123) for Catapano.
I completed a form 1205 and explained it to Barry. He signed it and I placed a copy of it with a copy of the breath test results with his property.
Before shift, before placing Barry in the rear seat and prior to leaving, I checked my rear seat for contraband and found none.
[End of Narrative]
[NARRATIVE #2 on May 03, 2023]
On May 3rd, 2023, at approximately 0218 hours, I was conducting routine patrol on University Parkway. While traveling east on University Parkway, I observed a white U Haul Van parked partially in the roadway west of the intersection of University Parkway and Harrison Mill Road. A traffic investigation led to the arrests of Barry Pittard and Khalife Grisson.
While traveling east on University Parkway approaching its intersection with Harrison Mill Road, I observed a white U Haul van parked in the outside lane of University Parkway with its emergency flashers on. I activated my emergency lights to make contact with the driver, as the vehicle was a traffic obstruction. I approached the vehicle from the passenger side and made contact with a male in the passenger seat. I asked the male, later identified as Barry Pittard, if he was ok. Barry told me he ran out of gas. I asked Barry who was driving the van, as there was no one in the driver’s seat. Barry told me the female in the back of the van was driving. I observed a male and female laying in the back of the van.
I made contact with the male, Khalife Grisson, and female, [REDACTED]. I asked all occupants of the vehicle for their identifications. All occupants provided identification cards, but no driver’s licenses. I asked Khalife and [REDACTED] who was driving the van. Both Khalife and [REDACTED] told me that Barry was driving. I asked Barry what their plan was for the van, as it needed to be moved out of the roadway. Barry told me they were working on getting someone to bring the gasoline. While speaking with Barry, I smelled the strong odor of alcohol coming off his breath.
Due to my suspicion that Barry was under the influence of alcohol, I requested Sgt. Wright to be enroute to investigate. I conducted NCIC/GCIC inquiries of all occupants. NCIC revealed that Barry had a suspended driver’s license for a failure to appear from April of 2019. NCIC also revealed that Khalife had an active arrest warrant out of the Athens Clarke County Police Department for a failure to appear.
Sgt. Wright arrived on scene. I placed Khalife in handcuffs behind his back which were checked for correct fit, and double locked. Khalife was told he was being detained due to the active warrant. ACCPD confirmed the active warrant and requested to place a detainer on Khalife. Khalife was placed in the back seat of my patrol vehicle. Khalife was informed that he was under arrest.
I then instructed Barry to exit the vehicle. I asked Barry how much he had to drink tonight. Barry told me about two shots of liquor. I asked Barry why he was driving, as his license had been suspended since 2019. Barry told me he did not know it was still suspended and thought he got it taken care of. Sgt. Wright asked Barry if he was willing to participate in standardized field sobriety testing. Barry agreed to participate.
Sgt. Wright had Barry perform several tests coming to the conclusion that he was under the influence. Sgt. Wright again asked Barry how much he had to drink before driving. Barry now stated he had approximately five shots and one beer. Sgt. Wright told Barry that he was under arrest for driving under the influence of alcohol. Sgt. Wright read Barry the Georgia implied consent notice for individuals over the age of 21. Barry agreed to the state’s breath test.
I then met with [REDACTED] and asked her what she was doing with the van. [REDACTED] said she could not get in contact with anyone. [REDACTED] then began to complain of chest and stomach pain and requested a medical unit. I requested a med unit and a next list wrecker. EMS arrived on scene and treated [REDACTED]. Sims Towing arrived on scene and took possession of the vehicle. Deputy Shultz completed an impound report and gave [REDACTED] a ride to the Waffle House in Statham.
Sgt. Wright transported Barry to the Barrow County Detention center. Sgt. Wright conducted the breath test at the detention center. I transported Khalife to the Bogart Pantry, 1311 Atlanta Highway, to transfer custody to ACCPD. ACCPD took custody of Khalife without incident.
Barry was issued the following citations at the detention center.
OCGA 40-6-391: Driving under the influence of alcohol. Citation number E021365.
OCGA 40-5-121: Driving while license suspended. Citation number E021366.
OCGA 40-6-123: Improper stopping in the roadway. Citation number E021367.
See Sgt. Wright’s case supplemental report for more information on the SFST.
[End of Narrative]