Name:
Franklin, Eric Maurice
Date of Booking:
05/06/2023
Reason(s) For Booking:
Marijuana-possess less than 1oz
Open Container Violation Beer/Ale/Porter/Stout/Other Similar Beverages
Speeding
Reckless Driving
DUI-Driving Under the Influence of Multiple Substances
Possession of Firearm by Convicted Felon or First Offender Probationer
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 06, 2023]
On May 6th, 2023, at approximately 0422, I responded code one to the intersection of University Parkway and Hog Mountain Road to assist Sgt. Wright with a traffic investigation.
Upon arrival, I met with Sgt. Wright. Sgt. Wright explained to me that he stopped the vehicle, a silver Nissan Sentra displaying Georgia license plate number [REDACTED] for speeding. Sgt. Wright advised he smelled the strong odor of marijuana coming out of the vehicle. Sgt. Wright had the driver, Eric Franklin, perform standardized field sobriety testing. Sgt. Wright determined that Eric was under the influence. Sgt. Wright placed Eric under arrest for DUI.
I met the passenger, Arianna Henderson, and asked her if she was sober. Arianna told me she was not and could not drive. I instructed Arianna to exit the vehicle so I could conduct a probable cause search. While searching the vehicle, I located several small plastic bags containing a green leafy substance, suspected to be marijuana. I turned the marijuana over to Sgt. Wright. I then located an open bottle of tequila in the back seat of the vehicle. I opened the glove compartment and located a black Smith and Wesson MP 2.0 9mm pistol. I removed the magazine and chambered bullet from the firearm.
I conducted an NCIC/GCIC inquiry of the firearm, serial number HSC 1434. GCIC revealed that the firearm was reported stolen out of the Barrow County Sheriff’s Office. Dispatch confirmed the stolen status of the firearm. Sgt. Wright went back to the vehicle to retrieve the magazine. As Sgt. Wright got the magazine, Arianna told him that the firearm was hers and she got it from a gun store. Arianna was placed into handcuffs behind her back.
I read Arianna her Miranda rights and asked her if she understood her rights. Arianna said she understood her rights. I asked Arianna if she wanted to speak with me regarding the firearm. Arianna agreed to do so. I asked Arianna where she got the gun. Arianna told me she got it from someone “on the streets” but did not know who. I asked Arianna how much she paid for the gun. She told me about $400.00.
I explained to Arianna that she was under arrest for theft by receiving a stolen gun. I transported Arianna to the Barrow County Detention Center where she was turned over to detention staff without incident.
Probable cause developed during this investigation supported obtaining the following warrants against Arianna.
OCGA 16-8-7: Arianna Henderson did commit the offense of theft by receiving. Arianna was in possession of a Smith and Wesson 9mm handgun, serial number HSC 1434. The firearm was listed as a stolen firearm out of Barrow County. Arianna claimed ownership of the firearm.
OCGA 16-11-132: Arianna Henderson did commit the offense of possession of a pistol by a person under 18. Arianna was in possession of a Smith and Wesson 9mm handgun, serial number HSC1434. The firearm was listed as a stolen firearm out of Barrow County. Arianna claimed ownership of the firearm. Arianna was under eighteen years old at the time of the offense.
OCGA 3-3-23(a)(2): Arianna Henderson did commit the offense of consumption of alcohol by a minor. Arianna was intoxicated while she was the passenger of a vehicle during a traffic stop. Arianna was under the age of twenty-one years old at the time of the offense. The firearm was removed from GCIC and turned into the Barrow County Sheriff’s Office for evidence.
See case number 2023-00011631 for the case regarding theft of the firearm.
[End of Narrative]
[NARRATIVE #2 on May 06, 2023]
On 5/6/2023 at 0422 hours, I was on patrol on University Pkwy at the intersection of Jackson Trail Rd when I observed an eastbound vehicle traveling at a speed that I visually estimated to be 90 MPH in the 65 MOH zone. I turned on my MPH Bee III speed detection radar device and measured the speed at 92 MPH in the 65 MPH zone. I turned on my blue lights and the vehicle, a Nissan Sentra, displaying Georgia tag number [REDACTED], stopped near the intersection of Hog Mountain Rd.
I approached the driver, identified as Eric Franklin Jr, and asked for his driver’s license. His passenger, identified as Arianna Henderson, was asleep in the passenger seat. He woke her and asked for his driver’s license. She went into a bag and produced the license which he handed to me.
I asked why he was driving so fast. He told me that he was just trying to get home because he was so tired. I detected the strong odor of an alcoholic beverage and the pungent odor of marijuana. I told him that I had measured his speed at 92 MPH in the 65 MPH zone. He told me that Henderson had to urinate badly. I told him that she appeared to be asleep when I approached the Nissan. I asked how much he had to drink tonight and he told me that he had drunk nothing. I asked what I was smelling and he stated that she had been drinking. He stated that she had drunk more than him. I asked how much he had to drink and he stated that he had a little shot. His speech was slurred and his eyelids were droopy and his eyes were bloodshot. I asked if he would like a radar accuracy check and he stated that I could.
Deputy Catapano arrived on scene, so I did not need to request another unit.
I told Eric that since he was speeding and had been drinking, I wanted to perform some evaluations to assess his ability to drive and asked if that was okay. Eric agreed to participate saying alright. I had him exit the Nissan and walk to my patrol car.
I asked where the marijuana was at in the Nissan. He stated that there was just a little bit. I asked where it was at and he stated that they had already smoked it. I told him that was different from a little bit in the Nissan and asked again where the marijuana was located. He stated that there was a little joint in the ashtray. I asked when he had smoked it and he stated that he had smoked it on the way to this location.
I asked where he had his shot at and he stated at a bar and grill called “Pregame.” I asked what he had a shot of and he stated it was tequila. He stated that he had smoked one joint.
I asked Eric if he wore contacts and he stated that he did not. I asked Eric if he took any other drugs or had any medical conditions and he stated that he did not. I asked Eric if he had any condition that would prevent him from standing, walking, or turning. Eric stated that he did not.
I told Eric to stand with his feet together and his hands at his sides. I asked Eric to look forward and not move his head. I told Eric to follow my light with his eyes only. I asked Eric if he understood and he stated that he did. He immediately had to be reminded not to move his head.
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 did not detect it in both eyes. I checked for angle of onset of nystagmus and did not detect it in both eyes. I checked for vertical nystagmus and did not detect it. His eyes were bloodshot and his eyelids were droopy. 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 Eric to follow the light with both eyes. I told Eric that I would bring it towards his nose and he was to follow it with both eyes. I told Eric that if he needed to cross his eyes that was okay. I asked Eric if he understood and he stated that he did.
I checked for lack of convergence and did not detect it.
I told Eric to stay in that position with his feet together and his hands at his sides. I told Eric to stay in that position while I explained what he needed to do. I told Eric that when instructed he was to lean his head back and close his eyes. I told Eric that when I told him to begin, he was to tell me when he thought 30 seconds had elapsed. I told Eric that when he thought 30 seconds had elapsed, he was to open his eyes and say stop. I asked Eric if he understood and he stated that he did. I told Eric to lean his head back and close his eyes. I told him to begin.
Eric estimated 30 seconds in 24 actual seconds. I observed eyelid tremors and a sway.
I showed Eric a straight line and to place his left foot on it. I told Eric to place his right foot in front of it, heel-to-toe. I told Eric keep his hands at his sides and demonstrated. I told Eric 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. Eric lost balance and stepped out of position. He was returned to position, but did not keep his hands at his sides as instructed.
I demonstrated how Eric was to take nine heel-to-toe steps remaining on the line. I explained that on the ninth step Eric was to keep his front on the line and turn around with a series of small steps with the rear foot. I explained that Eric 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 Eric began, he was not to stop until complete. I explained it again because he had questions. I asked Eric if he understood and he stated that he did. I told Eric to begin.
On the first nine steps, Eric raised his arms by more than six inches and missed heel-to-toe by more than one half inch on steps 3, 4, 5, 7, and 8. On the second nine steps, Eric raised his arms by more than six inches and missed heel-to-toe by more than six inches on steps 1, 2, 3, 4, 5, 8, and 9. I observed one clue in the instructional stage and two clues in the walking stage.
I told Eric to stand with his feet together and his hands at his sides and he complied. I told Eric I was going to demonstrate the one leg stand evaluation. I told Eric not to begin until told to do so. I asked if understood and he stated that he did.
I demonstrated how Eric 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 Eric he was to look at the raised foot and count aloud in the following manner, 1001, 1002, 1003, etc. until told to stop. I asked Eric if he understood and he stated that he did. I told Eric to begin.
Eric had to be reminded to straighten his raised leg. He raised his arms by more than six inches. He hopped to maintain balance and swayed. He miscounted. I observed body tremors. I observed three clues in the counting and balance stage.
I retrieved my portable breath tester and Eric provided a breath sample that was positive for the presence of alcohol (BAC.014). His pulse rate was 120 beats per minute.
I told Eric that he was too high to be driving. He stated that he was not that high.
I placed Eric under arrest. I read Eric the Implied Consent notice for individuals aged 21 years and above and asked if he would take the state administered blood test twice to make sure he understood. Eric agreed to provide a blood sample at the hospital. I handcuffed Eric, checked for fit and double-locked them. I searched Eric for contraband and found none. I placed Eric in the rear seat of my patrol car.
I brought Eric a release for the hospital to draw his blood. He asked if he was going to jail anyhow. I told him that he would go to jail whether he gave the blood draw or not. He refused the blood draw.
A person was called to come for the Nissan, but they had a warrant were arrested by Deputy Simmons. The Nissan was towed by next list Mike’s Towing.
Eric became verbally abusive from this time until he was transported to the detention center.
Deputy Catapano searched the Nissan and found three bags of marijuana that weighed approximately 25 grams in the center console. A large half empty bottle of tequila was found. Henderson poured it out. He found a pistol, a Smith and Wesson MP 2.0 9mm semi-automatic pistol in the glove compartment. Its serial number was HSC1434. He unloaded it and took it to his patrol car to check it on GCIC.
The pistol returned as stolen from Barrow County. See Deputy Catapano’s case supplemental. I went to Catapano and asked where the magazine was located. He stated that it on the passenger seat. I returned the Nissan and had Henderson step out of it so I could retrieve the full magazine and bullet that had been cleared from the chamber. I was walking away when Henderson told me that it was her pistol. I asked where she got it and she stated that she purchased it at the store. I asked which store and she stated that she did not know what it was called.
I asked her why her pistol was in Eric’s Nissan and she stated for protection. I placed her in handcuffs and advised her that the pistol was stolen.
Deputy Catapano is taking a theft by receiving stolen property warrant against Henderson. See his Case supplemental. Catapano placed it into evidence.
A criminal history showed that Eric had a felony conviction for aggravated assault on 2/2/2023 and was sentenced to 8 years’ probation.
A radar accuracy check was performed at 0550 hours.
I transported Eric to the Barrow County detention center where I am taking warrants for felon in possession of a firearm (OCGA 16-11-131), DUI (OCGA 40-6-391) reckless driving (OCGA 40-6-390), possession of less than one ounce of marijuana (OCGA 16-13-2), open container of alcohol (OCGA 40-6-253) and speeding (OCGA 40-6-181).
I completed a form 1205 and explained the temporary 45 day driving permit included. I placed a copy into his property. Before shift, before placing Eric in the rear seat and prior to leaving, I checked my rear seat for contraband and found none. I placed the marijuana into evidence.
[End of Narrative]
[NARRATIVE #3 on May 06, 2023]
On May 6, 2023, I was dispatched to Sgt. Wright’s S57 traffic stop located at University Parkway at Hog Mountain Road.
When I arrived, Deputy Catapano S191 was on the scene and advised me that someone was on their way to get the car. A car arrived shortly after, and I met with Eric Franklin and Kenyonna Pittman.
Eric told me that Kenyonna would be taking the car. Kenyonna told me that she did not have her license, however, she provided me with her name and DOB. When I ran Kenyonna through GCIC, she came back with a warrant out of Banks County. I had dispatch confirm the warrant to make sure it was valid.
Dispatch confirmed the warrant was valid and Banks County wished to place a hold on Kenyonna. I let both Eric and Kenyonna know what was happening. I told Eric he would need someone else to come get the car. I told Kenyonna that she needed to come with me due to her having an active warrant. I told Kenyonna she was under arrest for that warrant.
I handcuffed Kenyonna in front of her body and searched her person for contraband with no contraband being located on her. Kenyonna was placed in the back seat of my patrol car to go to the Barrow County Detention Center. Kenyonna was turned over to detention staff without issue. The back seat of my patrol car was searched before the shift, before and after transportation, and no contraband was located.
Kenyonna had a Failure to Appear for Shoplifting, warrant number: 22CR606.
[End of Narrative]