Zachary Fleming

Name:
Fleming, Zachary Scott

Date of Booking:
12/8/2021

Reason(s) For Booking:
Following Too Closely

Improper Stopping on Roadway

Hit and Run; Duty of Driver to Stop or Return to Scene of Accident

DUI-Driving Under the Influence of Alcohol to the extent that it is less safe for the person to drive

Officer’s Narrative:
[Please note: The following is a direct transcription from the officer’s narrative report. We do not fix any spelling or grammatical errors. Any changes made by our staff are placed inside brackets. Some errors may exist.]

[NARRATIVE #1]

On December 8, 2021, at approximately 1847 hours, night shift Deputies were dispatched to Barrow Crossing Blvd and Carl-Bethlehem Road reference to a hit and run that had just occurred.

Dispatched advised that a black dodge ram had left towards the fire station on Christmas Avenue. I informed dispatch I was in the area and observed a black pickup truck going east on West Star Street. I followed the pickup and determined it was a Chevrolet. I turned around at the interaction of Christmas Avenue and West Star Street. While driving West on Star Street, I observed a pickup truck stop in the travel lane. As I got closer, the truck started going down the road. I turned around and activated my emergency lights and siren and advised dispatch of the traffic stop.

I approached the black dodge ram bearing Georgia registration of [REDACTED]. The driver was identified as Zachery Fleming. I asked Zachery why he was stopped in the roadway, and he stated he was trying to call his dad. While Zachery would speak, I could smell an unknown alcoholic beverage come from his mouth while he would talk, and his eyes were glossy. I asked Zachery if he had anything to drink, and he stated yes. I asked Zachery to step out of the vehicle and speak with me. Zachery became up and said he was better off dead, and we should shoot him. Deputy Kinney arrived and took over the investigation.

[NARRATIVE #2]

On December 8th, 2021, at approximately 1847 hours, I responded “code 2” (intermit emergency lights and sirens) to the intersection of West Star Street and Christmas Avenue in reference to a hit and run. Deputy Ferguson S-182 and Deputy Kraus S-199 initiated a traffic stop on a vehicle that matched the description of a vehicle that was involved in an accident on Carl-Bethlehem Road. The vehicle matched the description and tag number that was provided by the other party of the accident. Deputy Bond S-111 met with the driver of the other vehicle on Carl-Bethlehem Road. The other driver told Deputy Bond she observed the male driver of the truck that struck her vehicle get out of his truck, look around, and leave the scene of the accident.

Upon arrival, Deputy Kraus informed me he suspected the driver to be under the influence. Deputy Ferguson told me he witnessed the vehicle stopped in the roadway on West Star Street. Deputy Ferguson stated the driver told him he was stopped in the middle of the road so that he could call his dad. I observed minor damage to the front bumper of the vehicle. I made contact with the driver, identified as Zachary Fleming. As Zachary began talking with me, I smelled a strong odor of an alcoholic beverage coming off his breath. I asked Zachary what happened with the accident on Carl-Bethlehem Road. Zachary said he did not know anything about an accident. Deputy Kinney asked Zachary how much he had to drink tonight. Zachary did not answer this question.

Deputy Kinney asked Zachary, if he was willing to perform Standardized Field Sobriety Testing to ensure he was ok to drive. Zachary responded by saying he did not want to drive anymore, he just wanted to go home. Zachary began to cry and move around and asked us to use our firearms and shoot him, because his life was already over. Zachary continued to cry and say his wife cheats on him all the time, but the one time he does something bad, he gets caught. Zachary was asked several times if he was willing to participate in the SFST. Zachary refused to participate.

Deputy Kinney instructed Zachary to turn around and place his hands behind his back. Deputy Kinney placed Zachary in handcuffs behind his back, checked for correct fit, and double locked them. Deputy Kinney told Zachary he was under arrest for driving unedr the influence. Deputy Kinney read Zachary the Georgia Implied consent notice. Zachary refused the Georgia implied consent blood test. I searched Zachary’s person incident to arret, finding no contraband. I placed Zachary in the back seat of my patrol car where I placed a seatbelt on him for his safety.

While conducting an impound inventory of Zachary’s vehicle, I located a silver Taurus .38 special revolver bearing serial number LY26783 in a black holster in the cup holder. I removed the firearm and placed it into the Barrow County Sheriff’s office evidence room for safe keeping.

#1 towing removed Zachary’s vehicle from the scene.

Zachary was transported to the Barrow County Detention Center where he was turned over to detention staff without incident. The back seat of my patrol car was searched before and after transporting Zachary, no contraband was found.

Zachary was issued the following citations.

E004997 OCGA 40-6-391(a) (1) DUI less safe
E004998 OCGA 40-6-270(a) Hit and run
E004999 OCGA 40-6-123(c) Improper stopping on roadway
E005000 OCGA 40-6-49(a) Following too closely.