John Owens

Name:
Owens, John Murphy, II

Date of Booking:
8/13/2021

Reason(s) For Booking:
DUI/Alcohol/Less Safe

Consuming Alcoholic Beverage or Possessing Open Alcoholic Beverage Container While in Passenger Area of Motor Vehicle

Possession Marijuana less than 1 ounce

Obedience required traffic-control devices

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.]

On August 13, 2021, I, Deputy C. Cuskey, while on duty for the Houston County Sheriff’s Office and while driving marked patrol vehicle 828, was assigned to assist the Patrol Division.

At approximately 1410 hours, Deputy T. Tripp got dispatched to Tharpe Road and Crestview Road in reference to a possible intoxicated driver. The caller told dispatch a light blue sedan with an older white male driver was dragging it’s side panel and the driver was throwing items out the window. The caller then provided Georgia license plate number [REDACTED]. Deputy Tripp checked the area, but did not make contact with the vehicle or it’s driver.

At approximately 1435 hours, I was traveling east on Feagin Mill Road and stopped at a red light at the Houston Lake Road intersection. The traffic light cycled and the green arrow activated for the traffic to turn north on Houston Lake Road. Before any of the vehicle in the turn lane moved, I observed a blue, Nissan Maxima traveling south on Houston Lake Road fail to stop at the red light and continue south bound through the intersection.

I then noticed the rear bumper was dragging behind the Nissan and it appeared to have other damage to the side of it. I believed the Nissan was the same one Deputy Tripp had been looking for and informed dispatch of my observations. I activated my lights and siren, pursed after the Nissan and initiated a traffic stop on it.

The driver, who was identified as John Murphy Owens, was moving around inside the Nissan and kept reaching for the passenger side. John then pulled the Nissan into the entrance of Wendy’s located at 1295 and parked inappropriate which left my vehicle blocking the entrance.

OBSERVATIONS AFTER THE STOP:

I approached the front right passenger side of the Nissan and John let it’s window down. I immediately smelled the strong odor of raw and burnt marijuana coming from inside the Nissan. I also smelled the odor of an alcoholic beverage . I looked at the passenger side compartment where John was reaching before he stopped and noticed a plastic bag on the floorboard. The bag appeared to contain vape boxes as well as packages of cigarillo’s’s which are commonly used for marijuana consumption.

INTERVIEW WITH OFFENDER:

I informed John the reason for the stop and asked if he was okay. John said he was delivering food and was on his way back to his work. I asked about the damage to the Nissan and he said it was previously damaged. I asked John if he had been drinking alcohol and he said no. I then asked John to get his drivers license and exit the Nissan.

I walked over to the drivers side of the Nissan and opened the drivers door for John. When I opened the drivers door, I observed two large opened alcoholic beverages in the pocket of the door. John exited the Nissan and we walked to the back of it. John noticed the Nissan’s bumper laid on the ground and started to pick it up. I told John to leave the bumper and again informed him I was concerned for his driving ability. John said he did not have any medical conditions and did not take medication for anything.

While interviewing John, he kept putting his hands in his pockets and trying to lean on the Nissan. I had to tell him numerous times to keep his hands out of his pockets and keep off the vehicle. Due to the odor of alcohol coming from John’s person, I requested he perform Standardized Field Sobriety Evaluations. John agreed to perform the requested evaluations.

MEDICAL CLEARANCE/ FIELD SOBRIETY TESTS:

Before beginning field sobriety testing, I asked John several medical questions to verify that he was medically clear to take the tests. I asked John if he had hit his head or suffered any other injuries which would not allow him to perform the test. John said no. I asked John if he wore glasses or contacts and he said no.

1. HORIZONTAL GAZE NYSTAGMUS (HGN) TEST (EXPLAINED)

I instructed John to focus on the tip of my right index finger and to follow it with his eyes and eyes only and not move his head. I asked John if he understood my instruction and he stated yes.

Prior to beginning the test, I verified that John had no resting nystagmus, displayed equal pupil size and equal tracking.

TEST

During the test I observed the following clues:

1. Lack of Smooth Pursuit
2. Distinct and Sustained Nystagmus at Maximum Deviation
3. Onset of Nystagmus prior to 45 degrees

TOTAL NUMBER OF CLUES: 6 OF 6 possible clues (Vertical Nystagmus NOT present)

2. WALK AND TURN TEST (EXPLAINED AND DEMONSTRATED)

Before beginning the test, I asked John if he had any issues with is legs, back, knees, hips or ankles and he stated no. John was wearing flat soled shoes. I then explained the test to John and asked he if understood my instructions. John stated yes.

TEST

During the test I observed the following clues:

Instructional stage:

1. Cannot balance during instructions-moved right foot off line/ unstable Walking stage
2. Started before instructed to do so
3. Used arms to balance
4. Improper turn
5. Miss heel-to-toe- all 18 steps
6. Stepped off line

TOTAL NUMBER OF CLUES: 6 OF 8 possible clues

3. ONE LEG STAND TEST (EXPLAINED AND DEMONSTRATED)

Before beginning the test, I explained and demonstrated the test to John and verified that he understood the directions. I had to instruct John to keep the leg that he chose to lift straight during the test. I asked John if he had any questions about my instructions. John said no. During this test I observed the following clues:

1. Used arms to balance
2. Swayed

During this test, John did not fully extend his leg.

TOTAL NUMBER OF CLUES: 2 OF 4 possible clues.

ARREST:

John was arrested and handcuffed behind his back. The cuffs were checked for fit and double locked. I read John Georgia Implied Consent Notice for subjects over the age of 21. I requested John provide a blood sample and he agreed.

STATE ADMINISTERED CHEMICAL TEST:

John was transported to the Sheriff’s Office where I met with the on-call phlebotomist, Melissa Shipp (Rapid Response PBT LLC). John provided his right arm for Melissa to retrieve a blood sample from. Melissa secured all necessary paperwork and blood sample in the GBI blood kit submission box and turned it over to me.

I issued John a citation for DUI alcohol, obedience to a traffic control device and open container. John was turned over to the booking staff at the Sheriff’s Office.

VEHICLE SEARCH:

During the search of the Nissan, I located the two opened alcoholic beverages in the pocket of the drivers door. One bottle was cold to the touch and still had a small amount of liquid inside it. I collected the two bottles, emptied the contents on the ground and returned them to the Nissan.

I located a metal tray with a picture of Bob Marley on it laid on the passenger floor board. The tray had a picture of Bob Marley and his name on it. Inside the Bob Marley tray was a clear baggy with a green leafy substance with my training and experience believed to be marijuana. There was also loose marijuana “shake” inside the tray.

I then searched the black bag which was also laid on the passenger floor board. The black bag contained multiple vape boxes and a clear cylinder shape glass tube with a gray lid. I opened the lid and observed four and a half large pressed pill type objects. The pills were in the shape of an A and were multi-colored. The suspected marijuana and the pills were collected and taken to the Sheriff’s Office.

While at the Sheriff’s Office, I field tested the suspected marijuana and the pressed pills. The marijuana tested positive for THC and the pills tested positive for MDMA. I then returned to the booking area and charged John with possession of marijuana less than an ounce (M) and possession of ecstasy (F). Warrants to be taken.

VIDEO / PHOTOGRAPHIC EVIDENCE:

This traffic stop was recorded by the in-car camera in unit 828. The blood kit was secured in the secured evidence refrigerator at the Houston County Sheriff’s Office. The blood kit will be sent to the GBI crime lab for toxicology. The marijuana and ecstasy will also be sent to the GBI Crime Lab for further testing.

VEHICLE STATUS:

John’s vehicle was towed by the on-call wrecker service, Dons Towing.