Derick Vanherwyn

Name:
Vanherwyn, Derick Scott

Date of Booking:
10/26/2025

Reason(s) For Booking:
DUI / ALCOHOL / 0.08 GRAMS OR MORE 21 YOA OR OVER

DISORDERLY CONDUCT

PUBLIC DRUNKENNESS

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.]

On 10/26/2025, at approximately 18:40, While working an extra duty job at Level Grove Baptize Church, I Officer Campbell 220 received a call from dispatch about a verbal domestic going on at the church event. Cornelia Fire department had advised dispatch that a male was yelling at his wife and seemed to be intoxicated.

I then walked over to the fire trucks that were in the grass field where the event was being held. I met with one of the firemen and he again advised me that a male was yelling and cussing at his wife and seemed to be highly intoxicated. I looked over and see the male later identified as Derick Scott Vanherwyn crying and trying to talk to his wife.

I then walked over and asked Derick to step over and speak to a Habersham County Deputy while I spoke to [WITNESS #1]. When I was in front of Derick, I could smell a strong odor of an adult alcoholic beverage coming from his breath. I then asked [WITNESS #1] what was going on, and she stated that her and her son came to the event at Level Grove Church and she asked Derick to come up there too. She advised me that Derick was yelling and cussing but didn’t want him to go to jail. I advised [WITNESS #1] that Derick seemed to be intoxicated, she stated she didn’t know he was drinking. I then advised [WITNESS #1]; Derick was probably going to jail for public intoxication and disorderly conduct.

I then walked back over to Derick and asked him what was going on and he was slurring his words and stated he was trying to spend time with his son. Derick was upset and crying and wouldn’t make complete sentences. I again could smell a strong odor of an adult alcoholic beverage coming from Dericks breath while I was speaking to him.

I then had Derick place his hands behind his back where I placed him in handcuffs checking for proper fit and double locking them. I then read Derick his Miranda rights and asked him if he understood and he stated yes. I then asked him if he would being willing to answer any questions now and he stated yes. I then placed Derick in the back seat of Officer Williams patrol car.

I did not have my body camera on at this time because I was on the extra duty job. I then walked back to my patrol car on the side of Hwy 441. I then moved my patrol car over to Officer Williams patrol car and then activated my body camera. I had Derick step out of Officer Williams patrol car and moved over to mine.

I then reread Derick his rights to have it on my body camera. I again asked Derick if he understood his rights and he stated yes. I asked him again if he was willing to answer any questions and he stated yes sir. I had Derick sit down in the back seat of my patrol car where I began to ask him questions. I asked Derick what happened tonight and he stated his ex, his sons mother asked him if he wanted to come to the fair.

Derick stated that he spent all day the day before with his son and his ex in Cleveland. He stated he told his ex, yes of course he wanted to come. He stated when he arrived his ex’s mother didn’t like him. He stated he came for his son not for her. His ex’s mother told him that she was going to call the law on him. I then asked Derick how he got to the church, and he stated he drove there. I asked him where his car is, and he stated his car was in the parking lot.

I asked him what kind of car he had, and he stated a 2017 Dodge Journy gray with a sunroof and military plates on it. I then asked Derick how much he had to drink because he had previously told me he had been drinking. Derick stated he had 3 drinks. I asked Derick what they were, and he were stated of whiskey and dr pepper.

Derick then again stated that when he arrived, he spoke to [WITNESS #1] his ex, and her mom intervened and wouldn’t let him talk to [WITNESS #1]. I asked Derick if anything was physical and he stated no. I asked Derick how long he had been at the event at the church and he stated not even 5 minutes before we showed up.

I then advised Derick that I wanted to run him through field sobriety evaluation since he stated he drove here and admitted to drinking. I asked him if he was willing to do that and he stated yes sir. I then asked Derick if I took him out of cuffs he’s not going to act stupid and he stated no. I then had Derick step out of the vehicle and walk over to a big, covered car port where I completed field sobriety evaluations. I then took Derick out of handcuffs.

I asked Derick if he wore glasses or contacts and he stated he wore glasses for near, far, blindness. I asked Derick if he could see me up close good and he stated yes sir. I then asked him if he had any recent head or neck injures and he stated he has PTSD, TBI in 2010. I then asked if he had any neck, back, or leg injuries and he stated no sir. I asked if he had any reason why he couldn’t walk in a straight line and he stated no sir.

HGN: Horizontal Gaze Nystagmus – During Horizontal Gaze Nystagmus, I observed out of 6 clues. During Horizontal Gaze Nystagmus, I observed the following clues. During the Lack of Smooth Pursuit, I observed 2 out of 2 clues. During Distinct and Sustained Nystagmus at Maximum deviation, I observed 2 out of 2 clues. During Onset Nystagmus prior to 45 degrees, I observed 2 out of 2 clues. Also during this evaluation Derick moved his head head multiple times. Derick was also swaying while doing this evaluation. I noticed Derick was also looking at my knuckle instead of the tip of my finger.

WAT: Walk And Turn – During the walk and turn, I observed 6 out of 8 clues. During the Instructional Phase Derick couldn’t keep balance. During the Walking Phase Derick Stops while walking, missed heel to toe, steps off the line, used arms for balance, and made an improper turn. Also during this evaluation Derick was slurring his numbers, he missed heel to toe and stepped off the line multiple times.

OLS: One Leg Stand – During the One Leg Stand, I observed 3 out of 4 clues. During the One Leg Stand, I observed the following clues, Derick sways while balancing, hops, and puts his foot down. During this evaluation I had to give the instruction 2 times because he started crying because his son’s mother called him. Also Derick didn’t have his hands down by his side like I instructed him to do, he his hands in fist on his hips with his elbows bent.

Dereck was then placed in handcuffs in the rear, checking for proper fit and double-locking them. I then read Georgia’s Implied Consent notice for suspects aged 21 or over, I then asked Derick if he would submit to the state-administered chemical test of his blood, and he verbally answered yes sir. Derick was then placed in the back seat of Officer Nesbit 216 patrol car and later buckled in for his safety during transportation.

I then grabbed my PBT (Preliminary Breath Test) and had Derick blow into it. The result was positive for alcohol and showed a 0.132.

Officer Nesbit 216 then transported Derick to Northeast Georgia medical center Habersham for a blood draw. When they arrived, Derick gave the hospital lab tech consent to draw his blood. Officer Nesbit then transported Derick to the Habersham County jail where he was then turned over to jail staff without further incident.

Citations were issued for Disorderly Conduct, Public Intoxication, and DUI. Officer Nesbit 216 returned the blood draw kit to me where I placed it into evidence and followed the proper chain of custody.

[End of Narrative]