David Trainer

Name:
Trainer, David Franklin

Date of Booking:
05/31/2025

Reason(s) For Booking:
Violation Probation – Felony

Aggravated Assault

Driving on Wrong Side of Road

Reckless Driving

DUI-Driving Under the Influence of Alcohol (less safe)

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 May 31, 2025, at approximately 2204 hours, I was on routine patrol in Winder. I responded Code 1 to [400 BLOCK] Winston Manor Dr in reference to a Dispute.

I arrived at the residence and spoke with the complainant [VICTIM #1]. [VICTIM #1] stated that she was walking with a flash light on the opposite side of Winston Manor Way. She stated that a silver pickup truck turned left towards her, sped up and drove towards her. She was on the opposite side of the road from the lane of travel and due to the trucks maneuver she had to jump out of the way and get on the other side of a mailbox.

She continued to advise that the pickup truck continued down the street and turned around. When it approaches again it was driving slowly and she waved it on, afraid for her safety she decided not to move from her position. The truck slowed past her and stopped. She stated that he was intoxicated because he couldn’t get the words out. She stated that he asked her “Do you live out here?” She told him to keep moving and to stay in the truck. The truck pulls away and parks in [400 BLOCK] Winson Manor Dr. This address is on the other side of Winston Manor Way from where the incident occurred.

[VICTIM #1] walking home must pass [400 BLOCK] Winston Manor Dr and was met by the driver at the top of the driveway at [400 BLOCK] Winston Manor Dr. She told him not to step towards her and he replied to calm down and lower her voice. She informed me that he is a registered sex offender and then told her “I know you live right there.” I asked her to show me where this individual lives and she pointed to [400 BLOCK] Winston Manor Dr, which had a silver pick up truck in the driveway.

[VICTIM #1] informed me that she is a sworn Hall County law enforcement official and I asked her to describe the man’s appearance. I was told that he was a white male with a medium build. He was wearing glasses and grey shorts. I asked for a second unit to meet at my location so I could investigate further. Sgt Wright and Deputy Kinney responded. Deputy Kinney and I met with David Trainer at [400 BLOCK] Winston Manor Dr. David was standing on the front porch when we approached. David was wearing a white T-shirt, grey shorts and black glasses.

Talking in the driveway, David asked why she called the police. I asked if he was out driving today and replied with “No sir.” He said he was home all day but added that he has been sitting in his truck, had it running and listened to music. David was visibly shaking and when asked why he said he was nervous. He stated, “She got mean with me.” When asked to clarify he stated that she was walking, pointing towards [VICTIM #1], and at the end of the driveway he asked her “where she lived?” He went on to state that she was walking and she asked how he was and he replied, “I’m doing fine, where you live?” He claimed that [VICTIM #1] then blew up stating that he had no right to ask her where she lived.

David was adamant that he has not driven all day. Running the vehicles tag through FLOCK, I was unable to locate a hit for today’s date. David added to his statement about sitting in his truck stating that he was waiting for his friend to arrive because they were going to watch a movie on his tablet. During this time Deputy Kinney was talking with [VICTIM #1] and getting a written statement from her. David sat down and stated “up here at the driveway we chatted, I asked her where she lived, I didn’t mean nothing by it.” He mocked her voice by adding, “You sound intoxicated!” He continued to say “Well yeah, Im right here.”

Sgt Wright and I began to talk with David. David stated that he has had “a few beers.” David stated he was drinking but denied driving the silver 2015 Chevy CMD with GA tag# [REDACTED]. Sgt Wright told him that we would like to have me run him through standard field sobriety. David replied with “Yea sure, hold on, I have had a few beers to drink and I suffer through traumatic brain injuries.”

Each exercise was explained and appropriately demonstrated prior to having David perform. David also provided an affirmative response stating that he understood my instructions.

Horizontal Gaze Nystagmus (explained and observed);

I told David to stand with his feet together and hands at his sides. I asked David to look forward and not move his head. I told David to follow my stimulus with his eyes only. I asked David if he understood, and he stated that he did. He had to be told to keep his eyes on the light and he apologized stating that he was nervous. His eyes were blood shot and watery.

David’s eyes displayed equal tracking and equal pupil size. I then checked for lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and onset of nystagmus prior to forty-five degrees in both eyes.

David displayed the following 6 clue(s) during the Horizontal Gaze Nystagmus exercise:

• Lack of smooth pursuit -Left eye then right eye-
• Distinct and sustained nystagmus at maximum deviation -Left eye then right eye-
• Onset of nystagmus prior to forty-five degrees -Left eye then right eye-
• No vertical nystagmus observed

Walk and Turn (explained and observed);

Prior to attempting the Walk and Turn exercise, David indicated no medical problems preventing performance. A flat, smooth surface was selected, and David was instructed to use a marked line on the roadway. David was told to place the left foot on the line and the right foot immediately in front, with the right heel touching the toe of the left foot. David was instructed to stand with his hands at his sides and not to start until instructed. I confirmed that David understood the instructions, and then I instructed David to take nine steps in a heel-to-toe manner.

David took the first step and lost balance and stopped. He stated that he “cant do it” and “I told you I had a few beers.” He was asked if he wanted to continue or if he was refusing. He asked “what if I refuse?” I told him that my question was a yes or a no and he decided to continue. Setting up for another attempt he started a little further than from where he originally started which prevented him from taking a full nine steps down however, he was able to complete a full nine steps on the return.

David displayed the following 5 clue(s) during the Walk and Turn exercise:

• Started too soon (2) times
• Missed heel to toe at steps 1 down
• Did not maintain balance
• Improper turn: He turned by removing his foot from the line a shuffled in an about face.
• Stepped off the line at steps 1 and 5 down

One Leg Stand (explained and observed);

Prior to attempting this exercise, David was instructed to stand with their feet together and arms at their sides. David was asked not to begin the exercise until instructed, and he confirmed that he understood. David was instructed to raise the foot of his choice approximately 6 inches while keeping it parallel to the ground. While holding that position, he was to keep his leg straight and count out loud while looking at their toe until instructed to stop.

David displayed the following 3 clue(s) during the One Leg Stand exercise:

• Put foot down at seconds 1 with a long pause, 8, 11
• Used arms for balance
• Swayed while balancing

When I presented David with Portable Breath Test device, he showed apprehension and turned his head. When asked if he was refusing, he said “No, I’m on my property and I haven’t driven anywhere.” He eventually provided a breath sample on the device. I then utilized the Portable Breath Test and had a positive result. (0.126)

Based on my observations, the witness statement provided by a sworn Hall County law enforcement official and the general demeanor of David led me to conclude that David was operating a motor vehicle under the influence of alcohol. He was informed that he was being placed under arrest.

I immediately read Georgia’s Implied Consent statement for drivers over the age of 21. David was argumentative when it came time to provide an answer regarding chemical testing. Implied consent had to be reread multiple times. David eventually agreed to the state administered chemical test of his breath. David was handcuffed behind the back. The handcuffs were double locked and checked for fit. A search of his person was conducted incident to arrest. No weapons or contraband or means of escape were located.

David was secured in the rear seat with a seat belt. David was escorted to the Barrow County Detention Center. While setting up the Intoxilyzer9000, David stated that he was refusing to take the test unless a lawyer was present. I reread implied consent again and asked if he would submit to the state chemical testing of his blood, he refused. David was then released to detention center deputies without incident.

A search of my rear seat was conducted before and after transport. No items were found.

Warrants to be taken for the following:

• O.C.G.A. 40-6-391(a)(1) – DUI Less Safe (Alcohol) Driving under the influence of alcohol to the extent it is less safe for the person to drive, regardless of BAC level.
• O.C.G.A. 40-6-390 – Reckless Driving Operating a vehicle with willful or wanton disregard for the safety of persons or property.
• O.C.G.A. 40-6-40 – Driving on Wrong Side of the Road A driver must operate a vehicle on the right side of the roadway unless passing or otherwise permitted by law. Driving left of center when unsafe is prohibited.
• O.C.G.A. 16-5-21 – Aggravated Assault Assault with intent to murder, rape, or rob, or with a deadly weapon or object likely to result in serious bodily injury. A vehicle may be considered a weapon if used intentionally.

My probable cause for the charges above is when David Trainer drove in the opposite direction of his residence and drove in the opposite lane of travel recklessly towards [VICTIM #1], causing her to quickly maneuver out of harm’s way. David Trainer was found to be under the influence alcohol after submitting to field sobriety testing and admission to alcohol consuming.

[End of Narrative]