Pena, Kevin Cayetano
Date of Booking:
Reason(s) For Booking:
DUI LESS SAFE DRIVER
LICENSE REQUIRED; SURRENDER OF PRIOR LICENSE; LOCAL LICENSE
FLEEING AND ATTEMPTING TO ELUDE POLICE
[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.]
On August 23, 2022 at 21:30, I was dispatched to a crash from a pursuit on Kingsland Avenue and Whitlock Street. The incident occurred inside of my agency’s established jurisdiction in Glynn County, Georgia.
I was operating a Dodge Charger that was blue and gray in color, displaying my badge of office on both sides of the patrol car in orange lettering. I was wearing a uniform issued to me by the Georgia State Patrol that displayed my badge of office on the left side of my chest and a nametag that identified me as Trooper Beck on the right. I was actively recording on a WatchGuard 4RE Dash Camera installed in my patrol car and wearing a body microphone that was synchronized with the dash camera on my right shoulder.
Upon arrival I made contact with Sergeant Justin Floyd of the Glynn County Police Department. Sergeant Floyd advised me that he had chased the vehicle to where it was currently located. He stated that they had the driver in custody and I observed a male standing beside a marked Glynn County Sheriff’s Office patrol car in handcuffs with a uniformed patrol officer speaking with him.
Sergeant Floyd gave me the male’s Georgia Identification Card which identified him to me as Mr. Kevin Pena Cayetano. Sergeant Floyd stated that there was a bottle of alcoholic beverage located in the vehicle and he advised me that the driver was 17 years old. When Sergeant Floyd gave me his ID I ran it on my issued laptop MDT computer. Mr. Pena Cayetano came back as unlicensed. I asked Sergeant Floyd if that had read Mr. Pena Cayetano his Miranda warning and he told me that they had not done that yet. Sergeant Floyd told me that he observed the vehicle speeding, recklessly operating and otherwise attempting to actively evade law enforcement.
Mr. Pena Cayetano was secured in the back of a Glynn County Police Department marked patrol car. Before I asked him any questions or he provided me with any statements, I identified myself, my agency of employment and I read Mr. Pena Cayetano a white Miranda Warning card. I informed Mr. Pena Cayetano that he was under arrest and when I finished reading the Miranda Warning card he agreed to speak to me without the presence of an attorney.
I asked Mr. Pena Cayetano if he had consumed any alcoholic beverages and he told me that he had one beer. When he began speaking, I could detect a strong odor of an alcoholic beverage emitting from his breath, slurred speech and I observed that his eyes were bloodshot red and watery. As it was dark, I utilized my flashlight to make some of my physical observations of manifestations of impairment.
As Mr. Pena Cayetano had just fled to the extent that he had crashed his car into a parked vehicle, I did not intend to remove him from the patrol car to run him through Standardized Field Sobriety Tests. So, I asked Mr. Pena Cayetano if he would consent to blowing into a PBT. Mr. Pena Cayetano agreed and provided a breath sample that tested positive for the presence of alcohol.
Based on; the less safe act of reckless driving as observed by Sergeant Floyd, the presence of an alcoholic beverage inside of Mr. Pena Cayetano’s vehicle, the odor of an alcoholic beverage emitting from his breath, the bloodshot watery eyes, the slurred speech and his own admission to consuming an alcoholic beverage prior to operating his vehicle on the public roadways in Georgia, I advised him that I would be arresting him for DUI.
I read Mr. Pena Cayetano the green Georgia Implied Consent Notice for suspects under age of 21 for blood. Mr. Pena Cayetano refused by shaking his head. I turned over Mr. Pena Cayetano to Sergeant Floyd at that point in time as he was already inside of his patrol car secured.
I began to investigate the traffic crash that had occurred between Mr. Pena Cayetano and the unattended vehicle. It appeared that Mr. Pena Cayetano had pulled into a friend or family member’s residence and his brother told me that the owner of the van would likely not want a crash report. As no one who owned the van was on scene, I elected to complete a crash report and full crash investigation regardless and that crash report can be found under Georgia State Patrol Crash Report C000843172.
I observed a bottle of alcoholic beverage that was inside of the vehicle whenever I made my way over to the vehicle that Mr. Pena Cayetano was driving. I completed my crash investigation and then completed relevant paperwork related to my own charges on Mr. Pena Cayetano and turned the paperwork and him over to Sergeant Floyd to be booked into the Glynn County Sheriff’s Office and turned over to jail staff. I charged Mr. Pena Cayetano with; DUI Alcohol/Less Safe, Reckless Driving, Open Container Violation and Driving While Unlicensed.
Due to the driver knowing the owner of the residence, I left his vehicle on scene and in the driveway of the residence per his request.
[End Of Narrative]