Date of Booking:
Reason(s) For Booking:
POSSESSION OF FIREARM BY CONVICTED FELON
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL – CONCENTRATION IS 0.08G OR MORE WITHIN 3 HRS OR MORE
WEAVING OVER ROADWAY
POSSESSION OF OPEN ALCOHOL CONTAINER
VGCSA-MARIJUANA-MISDEMEANOR -POSSESS LESS THAN 1 OZ.
[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.]
At approximately 2148 hours on June 8th, 2023, I patrolled Newnan Street toward Bankhead Highway near Cedar Street. I wore my full uniform while driving my black & white marked (Police) Dodge Charger patrol car with roof-mounted emergency equipment (lights).
All equipment on me and the patrol vehicle had been tested for function before my shift. While driving eastbound toward Bankhead Highway, I observed a white sedan (white 2006 Acura TL) bearing a Georgia license plate “[REDACTED]” directly in front of me.
While negotiating a curve on Bankhead Highway near Mandeville Avenue, the vehicle touched and crossed the yellow center line painted on the road. The Acura slowly recovered, leading me to believe the driver could be impaired. I activated my in-car dash camera to record the infraction and prepared to make a lawful traffic stop.
I informed the 911 dispatcher I was conducting a traffic stop and gave her the pertinent information, including my current location, vehicle description, and license plate. The 911 dispatcher acknowledged my radio traffic, and I activated my blue emergency lights, signaling the driver of the Acura, later identified as William Brooks Jr, to yield right and stop.
William entered Tower Plaza (555 Bankhead Highway) and stopped in the parking lot. I made a driver’s side approach, introduced myself to William, and informed him why I had stopped him. I built rapport with William, discussing various things while investigating his manifestations and observing the inside of his car.
While speaking with William, I noticed the odor of alcohol coming from his breath as he spoke. While observing his car, I could see in plain view an open container (25-ounce alcoholic beer) with the seal broken in the cup holder next to William with condensation on the sides, indicating a cold beverage.
I also noticed a burnt brown cigarette I suspected to be a marijuana cigarette or “joint.” William acknowledged he consumed alcohol earlier and described having “one beer and several shots” around two hours before our interaction. William admitted the brown cigarette was marijuana but stated he did not smoke that day and forgot to clean his car.
He attempted to destroy the marijuana, which I requested he places back in its location. I radioed for assistance due to the pending probable cause search of the vehicle. William was calm and agreed to perform Standardized Field Sobriety Tests to ensure he could operate a motor vehicle safely and show he was under the legal limit to drive (.08 BAC). Corporal Medert #211 and Officer Boswell #293 arrived.
While having William exit, I asked safety questions I had already asked to verify the answer and responses. I asked about firearms being in his car. William had told me “no” there were none. William was unsteady exiting his car and appeared sluggish and slumped over. William and I had discussed part of his medical history earlier, where he had a tracheotomy and was revived reportedly “twice” and showed me his chest.
William consented to the SFST tests and performed Horizontal Gaze Nystagmus (HGN). Due to the terrain, we were on (graded slope), no nearby level surface, and William’s medical history, I opted not to conduct the Walk & Turn or One Leg Stand. I observed 6/6 clues during HGN on William’s eyes.
William consented to give a breath sample in my department-issued and calibrated Portable Breath Tester. William’s sample returned positive for alcohol (.10% BrAC), verifying my observations during HGN. See attached DUI Narrative for further.
I informed William he was under arrest for DUI and placed him in a pair of double-locked handcuffs behind his back. I checked his handcuffs for fit before reading his GA Implied Consent Notice (suspects over age 21) and requested a blood sample. William replied, “Yes,” consenting to my request, and asked for no additional tests be performed.
During my probable cause search of William’s Acura, I observed a black grocery bag with another 25-ounce beer and two open liquor bottles (375ml Taaka Vodka). One liquor bottle was empty, the other’s seal was broken, and some liquid appeared consumed.
The glove box was locked at the time. Using the vehicle key to complete my probable cause search, I discovered two clear bags of a green leafy substance I recognized as marijuana. A black/black FEG PJK-9HP 9mm Semi-Auto pistol (s/n: B77464) was also in the glove box.
I cleared the firearm safely and verified it was not reported stolen on GCIC/NCIC. I collected the handgun as evidence item #234A and the suspected marijuana as evidence item #234B. I describe it as “suspected” because all illegal substances are sent off for testing and verified as illegal substances.
I read William his Miranda Rights and asked about the firearm and if he was a convicted Felon. William verbally agreed to speak with me and stated he was a convicted Felon. He would later utter quiet statements to me, asking if there was a way to ignore or forget about the firearm.
I confirmed with the Carroll County Jail receptionist that William was a convicted Felon as of May 4th, 2009, for felony possession of a controlled substance with the intent to distribute, OCGA 16-13-30(j).
I transported William Brooks Jr to the Carroll County Jail, where I charged him with OCGA 16-11-131: Possession of a Firearm by Convicted Felon, OCGA 40-6-391A5: DUI Alcohol over .08 grams, OCGA 40-6-48: Failure to Maintain Lane, OCGA 40-6-253: Open Alcohol Container, and OCGA 16-13-2b: VGCSA marijuana.
I had requested True Peaks Services be en route to the Carroll County Jail to draw blood from William. True Peaks representative [REDACTED] would later draw blood from William’s left arm at 2240 hours that day. [REDACTED] later turned over a sealed GBI Blood Alcohol Toxicology Kit (Department-provided) to me at 2245 hours. I collected this as item #234C.
I later submitted all evidence items to the Carrollton Police Department evidence locker #015 at 2359 hours that day. Digital images are attached to this report. (Linked Files) Warrants have been typed for William Brooks Jr.
[End of Narrative]