HICKS, BRIAN RAY
Date of Booking:
Reason(s) For Booking:
TERRORISTIC THREATS AND ACTS
WEAVING OVER ROADWAY
[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 2/4/2023, at approximately 2359 hours, I, Officer Massey, was patrolling the area of Dallas Highway (north) in my conspicuously marked Villa Rica patrol vehicle equipped with emergency lights and siren. As I was patrolling this area, I observed a red vehicle traveling directly in front of my patrol vehicle. I observed a tan 2011 Ford F150 (GA tag: [REDACTED], VIN: [REDACTED]) traveling directly in front of the red vehicle.
As the F150 approached the entrance of Tanner Hospital on Dallas Highway, I observed the passenger side tires of the F150 strike white turn-lane divider. The F150 did not have its turn signal activated. The F150 then continued traveling northbound on Dallas Highway. As the F150 approached the intersection of Dallas Highway and McCurdy Road, I observed the driver’s side tires of the F150 strike the double yellow centerline.
I initiated a traffic stop on the F150 by activating my emergency lights, in-turn activating my in-car camera system. I positioned my patrol vehicle directly behind the F150. The F150 continued to travel northbound on Dallas Highway before turning eastbound on Punkintown Road.
The F150 continued traveling and turned onto Towne Creek Drive where it came to a final rest. I did not believe the F150 was attempting to flee from me as the speed of the F150 did not increase to an unreasonable amount. I exited my patrol vehicle, activated my body-worn camera, and conducted a driver’s side approach on the F150.
Upon conducting my approach, I made contact with the driver, later identified as Brian Hicks (DOB: [REDACTED]), and the front seat passenger, later identified as [WITNESS #1] (DOB: [REDACTED]). I introduced myself and informed Hicks of the reason for the traffic stop.
While standing at the driver’s side of the F150, I observed a blue Bud Light beer bottle in the cup holder located on the inside of the front passenger door of the truck. Hicks informed me he was going to Kennesaw. [WITNESS #1] informed me her sister had recently overdosed and they were going to attend to family business in relation to that.
While standing at the driver’s side of the F150, I smelled the odor consistent with the consumption of alcoholic beverages emanate from within the cabin of the vehicle. I observed Hicks to have glassy, watery eyes, and slightly slurred speech. I asked Hicks to obtain his driver’s license and relocate to the front of my patrol vehicle. Hicks complied.
Upon exiting his vehicle and providing me with his deriver’s license, Hicks again asked me what he did wrong, even I had just informed him of the reason for the traffic stop. I again informed Hicks of the reason for the stop, to which Hicks replied that he was speaking with [WITNESS #1] and this was the reason for him failing to maintain his lane of travel.
As I spoke with Hicks near the rear of his truck, I smelled the odor consistent with the consumption of alcoholic beverages emanate from Hicks’s breath. I asked Hicks how much he had drank, to which he replied “I’ve been drinking Red Bulls. I had a couple of beers earlier working in my loft apartment”. Hicks stated he consumed these beers approximately two to three hours prior to this traffic stop.
I asked Hicks if he had anything to eat since then. In response, Hicks stated he had a philly cheesesteak. When answering, it took Hicks an extended period of time, approximately 45 seconds, to recall he had eaten a philly cheesesteak. While attempting to remember what he had eaten, Hicks stated he couldn’t remember “not because I’ve been drinking”, but instead stated he had suffered a head injury previously.
I asked Hicks what kind of beers he had been drinking, to which he replied Bud Light beer in a 12 ounce bottle. I asked Hicks if he consented to participating in Standardized Field Sobriety Testing. Hicks consented to participating in the tests.
Standardized Field Sobriety Testing (SFST)
Horizontal Gaze Nystagmus (HGN): 6 of 6 clues
Hicks was positioned in front of my Villa Rica patrol vehicle, on relatively flat and level pavement. Hicks was directed to stand with his feet together and keep his hands by his sides. Hicks was instructed to follow a stimulus, my finger, with his eyes while keeping his head stationary. Hicks advised he understood the instructions and indicated he was ready to begin the assessment.
– Hicks had equal tracking and equal pupil size in his left and right eye.
– Hicks had lack of smooth pursuit his left and right eye.
– Hicks had distinct and sustained nystagmus at maximum deviation in his left and right eye.
– Hicks had onset of nystagmus prior to 45 degrees in his left and right eye.
Walk and Turn (WAT): 6 of 8 clues
Hicks agreed he was placed on a relatively flat and level surface. Hicks stated he had no injuries or medical issues with his lower extremities. Hicks had previously stated his head injury makes him “wobbly” at times. I asked Hicks if he believed his head injury would prevent him from walking in a straight line or balancing on one leg, to which Hicks replied it would not.
I administered the walk and turn evaluation. I explained the instructions and demonstrated the evaluation. Upon asking Hicks if he understood my instructions, he advised he did.
– Hicks started too soon.
– Hicks couldn’t balance during instructions.
– Hicks stepped off-line.
– Hicks missed heel to toe.
– Hicks stopped while walking.
– Hicks made an improper turn.
One Leg Stand (OLS): 2 of 4 clues
I administered the One Leg Stand evaluation to Hicks. I explained the instructions and demonstrated the evaluation. Upon asking Hicks if he understood my instructions, he advised he did.
– Hicks placed his foot down.
– Hicks swayed.
While not a clue, it should be noted Hicks placed his foot down and stated, “it’s freaking cold, I’m sorry”. Hicks then kept his foot placed on the ground before I instructed him to continue with the test. Hicks then picked his foot back and continued with the test.
Portable Alco-sensor: .165 BAC (Positive)
I obtained a department issued portable alco-sensor. Hicks provided a breath sample, which returned with a reading of .165 BAC, indicating a positive presence of alcohol.
I took the results of Hicks’s Standardized Field Sobriety Testing, Hicks’s admittance to the consumption of alcoholic beverages, Hicks’s driving manifestations, and Hicks’s uncontrollable physical manifestations into consideration and determined Hicks to be under the influence of alcohol.
I approached Hicks and instructed him to place his hands behind his back. His stiffened his body and refused to do so. I again instructed Hicks to place his hands behind his back. Officer North, who was on scene serving as a back-up officer, assisted me in securing Hicks to the rear in double-locked handcuffs that were later checked for proper fit. I informed Hicks he was under arrest for driving under the influence.
While searching Hicks incident to arrest, Hicks became belligerent. Hicks screamed “Goddamm*t” loudly as he was being escorted to the rear seat of my patrol vehicle. I asked Hicks if he would be polite so I could finish searching him incident to arrest. In response, Hicks stated loudly “searching? What else do you need to search? Godda*n, you done a*s-raped me basically, what the fu*k else you need to search”.
Hicks was seated in the rear of my patrol vehicle. While seated in the rear of my patrol vehicle, I confirmed with Hicks he was over the age of 21 and read him the Georgia Implied Consent Notice for Suspects Age 21 or Over (DDS-354, 05/2019) verbatim, requesting a state administered chemical test of his blood.
In response, Hicks asked me if he could ask me a question. Hicks then stated, “I don’t know how young you are, and I don’t fu*king care”. I asked Hicks if he wanted me to read the Georgia Implied Consent Notice for Suspects Age 21 or Over (DDS-354, 05/2019) to him again. Hicks stated “no”.
I asked Hicks if he would respond to the question regarding his consent to the state administered test of his blood. In response, Hicks stated, “no, I have a question for you first”. I elected to read the Georgia Implied Consent Notice for Suspects Age 21 or Over (DDS-354, 05/2019) to Hicks again to ensure he had a clear understanding of the request for his blood.
While reading the Georgia Implied Consent Notice for Suspects Age 21 or Over (DDS-354, 05/2019) to Hicks, Hicks again became belligerent stating, “okay little boy, sure, fine, fine, fu*king co*ksucker”. Hicks then began complaining about the fitment of his handcuffs. Hicks also stated, “yes, I will urinate in your face. Are you ready for it?” as I was reading the implied consent notice.
Upon again requesting a state administered test of his blood, Hicks stated, “sure, I will pi*s in your mouth right now”. Due to the nature of his answer, I attempted to clarify with Hicks that he consented to the test. Hicks consented to the test. Hicks then again began shouting obscenities from the back seat of my patrol vehicle.
Due to Hicks complaining about the fitment of his handcuffs, I elected to check them for proper fit. I was able to fit two fingers in each of the handcuffs indicating they fit properly per department policy. While on scene, it was determined [WITNESS #1] was not under the influence of alcohol.
I asked Hicks if he wanted [WITNESS #1] to take possession of his vehicle to prevent it from getting impounded. Hicks stated “sure” and then continued complaining about the fitment of his handcuffs while yelling. I informed Hicks the handcuffs fit appropriately per the policy of the Villa Rica Police Department and that I could fit two fingers in each handcuff. In response, Hicks yelled “Imma fit two fingers in your fu*king face, fu*king co*ksucker”.
I relocated to the rear of the F150 where [WITNESS #1] was standing. [WITNESS #1] repeatedly apologized for Hicks’s behavior. [WITNESS #1] again explained her sister had recently overdosed but checked herself out of a care facility on this date. [WITNESS #1] stated she was trying to get to Kennesaw to see her sister and her sister’s child.
[WITNESS #1] stated she had been with Hicks for approximately the previous two and a half to three hours prior to this traffic stop. [WITNESS #1] stated Hicks had consumed two fireball shots since she arrived at his house on this date approximately two and a half to three hours ago. [WITNESS #1] also stated she knew Hicks had drank a beer as well.
I asked [WITNESS #1] if the beer in the passenger side door was open or closed. [WITNESS #1] stated it was open. [WITNESS #1] stated he moved the beer to behind the front seat. [WITNESS #1] stated she and Hicks stopped at a gas station nearby and Hicks purchased a Red Bull to drink instead of the beer. [WITNESS #1] stated they stopped at a gas station just prior to the traffic stop, indicating to me that Hicks had been drinking just prior to our encounter.
While on scene, a probable cause search of Hicks’s truck was conducted due to [WITNESS #1] informing me there was an open beer in the vehicle. I located a firearm in the center console. Via portable radio, I requested dispatch conduct an inquiry of the firearms information. The firearm returned as not stolen.
I located an opened Bud Light Platinum glass 12-ounce bottle behind the front passenger’s seat. The cap on the bottle was loose indicating the beer had been previously partially consumed. The beer was appropriately disposed of while on scene. After confirming she had a valid driver’s license, [WITNESS #1] was released from the scene with Hicks’s truck.
Hicks was transported to the processing room at the Villa Rica Police Department. Upon requesting Hicks remove his belt before being placed in a holding cell, Hicks said to me, “I’ll take my belt and beat your fu*king a*s with it”. Hicks then violently removed his belt and threw it in my direction. Officer North and Cpl. Tolbert witnessed the threat toward me being made as they were also in the processing room.
Hicks was secured in a holding cell without further incident. [REDACTED], who is employed by True Peaks LLC, arrived at the Villa Rica Police Department for the purpose of conducting the blood-draw. The blood-draw was conducted at 0049 hours and from Hicks’s left arm. The blood sample was appropriately packaged before being placed into evidence (VR-018701).
Carroll County arrest warrants for Hicks for O.C.G.A. 40-6-48, O.C.G.A. 40-6-391(A)(1), and O.C.G.A. 16- 11-37 have been completed. Hicks was transported to the Carroll County Jail for housing.
[End of Narrative]