Name:
Holliday, Michael, Jr
Date of Booking:
05/06/2023
Reason(s) For Booking:
DUI-Driving Under the Influence of Drugs
Possession of a Schedule II Controlled Substance
Possession of a Schedule I Controlled Substance
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]
May 6, 2023, at approximately 1445 I, Deputy Brito responded to the area of University Pkwy WB near McCarty Road in reference to a suspicious vehicle, a white GMC Envoy, that was failing to maintain lane and the driver was possibly intoxicated. While enroute, dispatched advised they had received multiple complaints on the vehicle, and that vehicle was continuing to travel west on University Pkwy near Christmas Ave.
I advised dispatch I was upgrading my response to Code 2 in an attempt to locate the Vehicle. Dispatch then advised they have received more calls on the vehicle and that it had possibly hit the construction barrier on University Pkwy. near Christmas Ave. Once in the area I had negative contact and downgraded my response to Code 1.
Dispatch once again advised they had received additional calls that the vehicle had now turned onto Carl-Bethlehem Road and then onto Tucker Road. I responded to the area. I located the vehicle on Tucker Road near Tucker Court, which was completely stopped in the roadway. I got behind the vehicle to conduct an investigative stop, due to articulable reasonable suspicion that the driver was possibly intoxicated. I activated my emergency equipment, and the driver placed the vehicle in reverse and backed up approximately two to three feet from the front of my patrol vehicle.
I hit the siren and the vehicle then started to pull forward. The vehicle then proceeded to continue on Tucker Road failing to yield to my emergency equipment. The vehicle got to the cul-de-sac of Tucker Road where it appeared, he was going to turn around and continue on Tucker Road. I attempted to block the vehicle in and when I noticed he appeared to be turning around in the cul-de-sac I provided the driver an exit, the driver then turned into the parking lot of 750 Tucker Road. The driver appeared to be looking for an exit to the parking lot and was not able to find one, so he pulled into the parking space and stopped.
I exited my patrol vehicle and approached the vehicle and noticed the driver was reaching into the passenger seat and floor area. I was also able to notice the driver was sweating profusely and was not following commands to stop reaching into the passenger area of the vehicle. I then reached in and grabbed the driver’s left arm and opened the door to the vehicle and told the driver to step out. I advised the driver to turn around and place his hands behind his back, which attempted to tense up and asked why.
Deputy Myers came up and assisted detaining the driver. The driver was handcuffed behind his back, handcuffs checked for proper fit and double locked. I asked the driver if he had any identification and he advised it was in his wallet in the vehicle. Deputy Myers located the wallet and also located a piece of tin foil in the driver’s seat. Deputy Myers looked in the tin foil and located approximately four greyish rock like substances with blue speckles, suspected Fentanyl and a vape pen containing THC oil. Deputy Myers also noticed that the vehicle had damage to the passenger side along with chucks of dirt and grass.
I walked the driver to the front of Deputy Myers vehicle. While speaking with the driver, he said his name was Michael Holliday and he was coming from work in the Statham area doing a retention wall. I noticed that his pupils were extremely constricted. While standing at Deputy Myers patrol car, Holliday at times appeared to be passing out while standing up.
Deputy Aycock arrived on scene and also spoke with Holliday. Deputy Aycock advised Holliday to close his eyes for a few seconds and then advised him to open them. Deputy Aycock checked with a flashlight to see if Holliday’s eyes were reactive to light. Deputy Aycock advised Holliday’s pupils were not reactive to light. I asked Holliday if he had taken any illegal drugs or prescribed medication and he advised no. I asked Holliday if he would agree to take some test to help determine if he was intoxicated and he advised yes. I had Deputy Aycock complete HGN for Standardized Field Sobriety Testing. Deputy Aycock advised he did not observe horizontal gaze nystagmus, vertical gaze nystagmus, and at times there was a lack of equal tracking and lack of convergence.
I then completed the walk and turn test on Holliday, during the instruction period, Holliday was not able to keep his balance. During the test, Holliday used missed step seven hill to toe and step offline, used his arms to balance and improperly turned after completing the steps. During one leg stand Holliday did not hold his right leg approximately 6 inches off the ground and swayed and used his arms to balance.
Once all test were complete, I advised Holliday he was being placed under arrest for DUI drugs. I handcuffed Holliday behind his back, checked the handcuff for proper fit and double locked the handcuffs. I read Holliday implied consent for blood which he refused. I walked Holliday to my patrol vehicle and searched him with negative results. I searched the back seat of my patrol vehicle with negative results and placed Holliday inside. I then walked around Holliday’s vehicle and noticed damage to the front of the vehicle and the radiator appeared to be leaking. I also noticed grass, dirt and other debris stuck on the passenger side and underneath the vehicle.
I then transported Holliday to the Barrow County Detention Center and turned him over to jail staff.
I packaged up all the evidence collected and placed it into the evidence locker for safe keeping and testing.
I made contact with four of the callers/witnesses that called into dispatched in reference to Holliday’s driving. All four provided very simpler statements and advised the vehicle was a white GMC Envoy. According to the witnesses, they were behind Holliday’s vehicle for approximately five miles. They advised the vehicle would swerve between lanes and also would completely leave the roadway entering the grass shoulder. One witness advised that Holliday stopped for the red light on University Pkwy and Christmas Ave., and while stopped appeared to fall asleep. Another witness stated she believes Holliday’s vehicle hit the cement barrier on University Pkwy. I made contact with Magistrate Judge Teatino and provided testimony in this case. Judge Teatino then signed and issued the following warrants.
Warrant # 2023-1528MW for OCGA 40-6-391A2 D.U.I. Drugs.
Warrant # 2023-1529FW for OCGA 16-13-25 Possession of Schedule I Controlled substances.
Warrant # 2023-1530FW for OCGA 16-13-30 Possession of Schedule II Controlled substances.
I provided the following warrants to Barrow County Detention Center for Processing.
[End of Narrative]
[NARRATIVE #2 on May 06, 2023]
On May 6, 2023, at approximately 1502 hours, I responded Code 2 (intermittent lights and sirens) to the area of Tucker Road and Tucker Court to assist with Deputy Brito’s Traffic Complaint/ Investigation.
As I arrived in the area, I observed Deputy Brito in his marked patrol unit with his emergency lights activated as well as his siren, following a white GMC Envoy. The GMC Envoy was failing to stop for Deputy Brito as it made its way down Tucker Road.
The GMC Envoy continued into the cul-de-sac and began turning around. In order to prevent the vehicle from initiating a pursuit, I positioned my patrol vehicle on the right-hand side of the road while Deputy Brito continued behind the GMC Envoy. I observed the vehicle pull into the parking lot of 750 Tucker Road as if it were trying to find another route to avoid law enforcement.
After the vehicle came to the end of the parking lot where there were not exits, the driver parked into a parking space and threw up his hands in a gesture that appeared that he was frustrated. I observed the male driver begin reaching around towards his legs as I exited my patrol vehicle. I positioned myself behind my patrol vehicle and drew my duty weapon.
Deputy Brito approached from the driver’s side as I approached from the passenger side. I observed the male continue to reach around the passenger compartment of the vehicle and refuse to obey order from Deputy Brito to step out. I gave loud verbal commands for the driver to stop reaching, which were ignored. Deputy Brito opened the driver’s door and grabbed the driver. I reholstered my duty weapon and began walking around the back of the vehicle to assist Deputy Brito. As I did so, the driver pulled away again and reached towards the passenger side floorboard.
I opened the passenger side door and drew my county issued Taser 7. I gave several more commands to the driver to step out. Deputy Brito was able to remove the driver from the vehicle, so I made my way to the driver’s side and reholstered my Taser 7. I placed the driver in double locked handcuffs behind his back, which were checked for proper fit. Deputy Brito asked the driver where his license was, and he stated that it was in his wallet and gave me permission to search for it.
I made my way back to the passenger side of the vehicle where I had seen a wallet. I located the driver’s license, which identified him as Michael Holliday. While removing the wallet from the vehicle, I observed several pieces of aluminum foil around the vehicle. I observed indicators that Michael was diving impaired. Michael appeared to be in a lethargic state, he was unsteady on his feet, and his pupils were pinpoint. Michael also appeared to be falling asleep while standing next to my patrol vehicle.
Based on my observations, I established Probable Cause to search the vehicle for any intoxicants that would have impaired Michael’s ability to operate a motor vehicle. At 1511 hours, I began a Probable Cause search of the GMC Envoy. I located a THC “dab pen” vaporizer device in the center console of the vehicle. I also located a small box with a cartridge inside that was consistent with the one on the vaporizer device. The box stated, “Product contains cannabis, a Schedule I Controlled Substance”. I also observed a strong odor of marijuana emanating from the device.
After moving to the driver’s side of the vehicle, I observed multiple rock-like substances on the driver’s seat and on the floorboard at the diver’s feet. This substance was grayish white with blue flakes in it. I also located a small piece of aluminum foil, which had burn marks in various areas. Based on my knowledge, training, and experience, this is consistent with introducing narcotics into the body for ingestion.
Upon further inspection of the foil, I observed another rock-like substance consistent with the other that I had located around the driver’s seat. This one appeared to have been partially melted with a brown waxy-like substance around the rock. This substance appeared to be consistent with fentanyl or heroin. I tested the substance with a chemical test kit twice. The first time was tested for methamphetamine and ecstasy which yielded a negative reaction. The second test kit was intended for heroin.
When tested with the heroin test kit, the substance reacted and turned a vibrant yellow color, which did not indicate that the substance was heroin, as the test kit will turn green if positive for heroin. Based on this information, I believed the substance located to be fentanyl, a Schedule II Controlled Substance. I spoke with Deputy Brito and advised him of my findings.
Deputy Brito read Michael the Miranda Warning and Michael agreed to answer questions without an attorney present. I asked Michael if he took any prescribed medication and he stated that he did not. I asked Michael if he had any mental health issues or took any medication for mental health, and he stated that he did not. I asked Michael what the vaporizer device was that I had located in the vehicle. Michael stated that he uses the device to smoke CBD.
Deputy Brito informed Michael that he was under arrest and transported him to the Barrow County Detention Center. I remained with the vehicle until All County Towing arrived on scene to take possession of it. After the vehicle was towed, I resumed my regular assigned duties.
[End of Narrative]
[NARRATIVE #3 on May 06, 2023]
On May 6, 2023 at approximately 1510 hours I responded to 750 Tucker Road to assist Deputy Brito and Deputy Myers on a traffic stop of a driver that was suspected of being under the influence of some type of narcotic. Deputy Brito asked that I check the driver, Michael Holliday, for nystagmus, the involuntary jerking of the eyes often caused by intoxicants.
I first asked Michael if he would volunteer to allow me to check his eyes. He stated he would. I asked him if he wore contacts or glasses and he stated he did not. I instructed him to follow my fingertip with his eyes and not to move his head. He stated he understood. I first checked for equal pupil size and equal tracking. I observed his pupils were constricted almost to the point of not being visible, but they were of equal size. I initially observed equal tracking, but at times during the subsequent testing I observed his eyes would go in separate directions as he tried to follow my fingertip.
I checked both eyes for a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. I did not observe any of them. I next checked for vertical nystagmus and did not observe it. I checked to see if Michael’s eyes would converge when a stimulus came close to his face and I observed his eyes would not converge.
I later conducted the Romberg balance test. I did not observe eyelid tremors. I observed Michael’s body swaying back and forth. He estimated the passage of 30 seconds in 30-31 seconds.
I informed Deputy Brito of my observations.
[End of Narrative]