Cherieshia Hayes

Name:
Hayes, Cherieshia Sharnese

Date of Booking:
02/10/2023

Reason(s) For Booking:
DUI – LESS SAFE- DRUGS

DANGEROUS DRUGS- SALE, MANUFACTURE, DELIVER, OR POSSESS

CROSSING STATE/COUNTY GUARD LINES WITH WEAPONS, INTOXICANTS, DRUGS WITHOUT CONSENT

DRUGS NOT IN ORIGINAL CONTAINER

DRUGS NOT IN ORIGINAL CONTAINER

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.]

[NARRATIVE #1 on February 10, 2023]

I was requested to respond to 104 GTM Parkway (BP) by Officer Huff. Polk County Dispatch had advised there was an unresponsive female inside her vehicle that was parked in front of the store. Officer Huff advised the female was still breathing and was attempting to wake the female up.

I arrived on scene and observed the driver of the vehicle, Cherieshia Hayes, entering the back of an ambulance. Officer Huff advised that Hayes was in the driver seat of the vehicle and was slumped over. Officer Huff stated that he repeatedly knocked on the vehicle’s door and that Hayes did not respond.

Officer Huff stated that he shook the car in an attempt to get a response from Hayes and that Hayes eventually woke up. Officer Huff stated that he detected the odor of Marijuana emitting from Hayes’ vehicle and was beginning to perform a probable cause search of the vehicle.

As I assisted with the search of the vehicle, I located a prescription pill bottle for Acetaminophen/COD #3 inside Hayes’ purse. I opened the pill bottle and discovered 2 pink pills with markings A 6 7 (Amoxicillin Trihdrate) which is not a controlled substance/dangerous drug and 8 capsules with markings D O 4 (400 mg Gabapentin). Gabapentin is listed as a dangerous drug.

I later secured the Gabapentin and submitted it into the evidence locker at the Rockmart Police Department. An empty bottle of Methadone was located inside the vehicle that was prescribed on today’s date (02/10/2023) and an unopened Methadone bottle was also located inside the vehicle that was also prescribed on today’s date (02/10/2023). Both bottles were prescribed to Hayes.

No other items of evidentiary value were located inside the vehicle. As I looked at Hayes’ vehicle, I observed it to be parked diagonally inside a handicap parking spot and a regular parking spot. I noted that it was an odd way to park a vehicle in front of a store. I went inside and spoke with the store clerks who had initially called 911, I spoke with [WITNESS #1] about the vehicle and Hayes.

I was informed that the vehicle had parked in front of the store and that Hayes had been inside the vehicle for approximately 30 minutes. I was informed that no one exited the vehicle, and that [WITNESS #1] was made aware that the driver was slumped over/unresponsive by a customer who had entered the store.

I went back outside to check on the status of Hayes. I was informed by EMS that Hayes claimed to be a diabetic and that her sugar was high. I was informed by EMS that Hayes’ high sugar should not cause her to fall asleep. A short time later, I was advised that Hayes did not want to be transported to the hospital.

Hayes exited the ambulance and I requested she speak with me. I identified myself to Hayes and explained the reason why we had been called to the location. Hayes stated that she had dropped a friend off at the Atlanta Airport and was heading home. Hayes stated that she felt that she was swerving on the roadway and pulled into the BP. Hayes stated that she was unaware that she fell asleep/passed out.

I asked Hayes about the Methadone that was located inside her vehicle, Hayes stated that she was given the Methadone at 0500 this morning. I asked Hayes about the Gabapentin inside her vehicle, Hayes stated that she is prescribed Gabapentin and that she put the pills/capsules in a different container because “her kids were messing with them”.

Due to Hayes’ physical state of being passed out/asleep behind the wheel, the keys being in the ignition/vehicle still running, her admission to driving to the store, and the clerks statement of Hayes being there for 30 minutes; I requested Hayes to submit to field sobriety evaluations, Hayes consented. I began field sobriety evaluations with Hayes.

Horizontal Gaze Nystagmus Test

Prior to attempting this test, Hayes indicated she did not have any medical problems that would have prevented her from performing the test. Her eyes were checked and they displayed equal tracking and her pupils were equal sizes. Hayes was instructed to follow the stimulus with her eyes only, keeping her head still. After stating that she understood the instructions, Hayes attempted this test. No resting nystagmus was observed.

The results of this test displayed 0 of the 6 possible clues.

– No lack of smooth pursuit in the left eye.
– No lack of smooth pursuit in the right eye.
– No distinct and sustained nystagmus in the left eye at maximum deviation.
– No distinct and sustained nystagmus in the right eye at maximum deviation.
– No onset of nystagmus in the left eye prior to 45 degrees.
– No onset of nystagmus in the right eye prior to 45 degrees.

The test did not reveal the presence of vertical nystagmus.

Walk and Turn

Test Prior to attempting this test, Hayes indicated she did not have any medical problems that would have prevented her from performing the test. Hayes was instructed to put her left foot on the line and her right foot in front of it with her right heel touching the toe of her left foot. She was instructed to stand in this manner with her hands to her sides until the test instructions were completed and the test demonstrated.

Hayes was instructed not to begin the test until told to start. She was instructed to take nine steps along the line in a heel-to-toe manner. After the ninth step she was to stop and turn around keeping her lead foot on the ground, taking several small steps with the other foot to turn around.

After turning around she was to take nine steps in a heel-to-toe manner back along the line, in the direction she had come from. Hayes was further instructed to watch her feet at all times while walking, keep her arms down to her side, and to count her steps out loud. After the test was demonstrated Hayes stated that she understood the instructions and was instructed to begin the test.

The results of this test displayed 7 of the 8 possible clues:

She was unable to maintain her balance in the instructed position. She did not start the test too soon. On the first set of steps, she correctly took 9 of 9 steps. She did touch heel-to-toe on all steps. She did step off the line on steps 2, 5. She turned improperly. She stopped walking.

On the second set of steps, she incorrectly took 10 steps instead of 9 steps. She did not touch heel-to-toe on steps 8, 10. She did step off the line on step 3. She did use his arms for balance.

One Leg Stand Test

Prior to attempting this test, Hayes indicated she did not have any medical problems that would have prevented her from performing the test. Hayes was instructed to stand with her feet together and arms at her sides during the test. Hayes was asked not to begin the test until instructed. She was instructed to raise the leg of her choice by approximately 6 inches off the ground.

While holding that position, she was to keep her leg straight and count out loud starting at one thousand one (one thousand one, one thousand two, one thousand three, …) and so forth until instructed to stop (after 30 seconds). The test was demonstrated to Hayes. After she indicated understanding the instructions, Hayes attempted the test and raised her left leg.

The result of this test displayed 3 of the 4 possible clues:

– Swayed during the test.
– Put foot down during the test.
– Raised arms for balance.

Lack of Convergence

Prior to attempting this test, Hayes indicated she did not have any medical problems that would have prevented her from performing the test. Hayes was instructed to stand with her feet together and arms at her sides during the test. Hayes was instructed to follow the stimulus with her eyes only, while keeping her head still.

I informed Hayes I would be making two circular motions with the stimulus, then bringing the stimulus to the bridge of his nose. Hayes was instructed that if it felt like her eyes were going to cross, then naturally let them do so. Hayes was informed that she was not going to be touched during the test. After stating she understood the instructions, we began. I did observe lack of convergence in Hayes’ left and right eye.

Modified Romberg

Prior to attempting this test, Hayes indicated she did not have any medical problems that would have prevented him from performing the test. Hayes was instructed to stand with her feet together and arms at her sides during the test. Hayes was instructed to close her eyes, tilt her head back, and estimate a passage of thirty seconds.

Hayes was instructed that once she felt that thirty seconds had passed, bring her head forward and open her eyes. Hayes stated she understood the instructions, and began the test. Hayes estimated thirty seconds, with an actual time of 21 seconds. During the Modified Romberg, I observed involuntary eye lid tremors in Hayes’ left and right eye.

Due to my knowledge training, and experience, the presence of involuntary eye lid tremors can be indicative of Marijuana being active in a person’s system. I again asked Hayes when the last time she had used Methadone, Hayes stated 0500. I asked Hayes when she had last taken the Gabapentin, Hayes stated five (I did not ask Hayes to specify am or pm).

Due to the totality of the investigation, I believed Hayes to be under the influence and a less safe driver. I instructed Hayes to place her hands behind her back, Hayes complied. Officer Huff secured Hayes in handcuffs. The handcuffs applied to Hayes were checked for proper fit and double locked.

I read Hayes Georgia Implied Consent Notice for subjects age 21 or over from my green Georgia Implied Consent Notice card (DDS-354 (05/2019)). I requested Hayes submit to a state administered chemical test of her blood, Hayes consented. Due to Hayes’ vehicle being parked on private property, it was left on scene. I contacted Ten Eight Forensics and requested a technician meet at the Polk County Jail.

I requested Officer S. Williams to the scene to perform a search of Hayes’ person. Officer S. Williams arrived on scene and conducted a search of Hayes’ person incident to arrest. No items were located on Hayes. I explained the guard line rule to Hayes and after Hayes stating she had no illegal items on her person she was secured in the back of my patrol vehicle.

I transported Hayes to the Polk County Jail where custody was released to jail staff. Hayes was escorted into a side cell for jailor, Christy Chandler (J18), to perform a search of her person. A short time later, Jailor Chandler returned with 5 white pills with markings S G 177 (Gabapentin 600 mg). Jailor Chandler transferred custody of the evidence to me and I later submitted them into evidence at the Rockmart Police Department.

Jailor Chandler informed me the pills were located inside Hayes’ bra. Jailor Chandler completed a report on the incident. A copy of the report was placed in the case file. Due to Hayes possessing illegal narcotics past the established guard lines of the Polk County Jail, she was additionally charged with OCGA 42-5-15.

A short time later, [REDACTED], a technician with Ten Eight Forensics arrived on scene. [REDACTED], who is authorized to draw blood, removed two vials of blood from Hayes’ person with a draw time of 2228. [REDACTED] transferred custody of the evidence/toxicology kit to me and I later submitted it into the evidence locker at the Rockmart Police Department. Custody of Hayes was released to Polk County Jail staff. Polk County Dispatch was notified of all mileage.

[End of Narrative]

[NARRATIVE #2 on February 10, 2023]

I responded to 104 GTM Parkway (BP) in regards to an unresponsive female. While en route to 104 GTM Parkway, I was informed by Polk County Dispatch that the female was inside of a red in color passenger vehicle that was parked in front of the store. Upon arriving on scene, I observed the complainant, [WITNESS #1], standing beside the vehicle attempting to gain the attention of the unresponsive female. I approached the vehicle and observed the vehicle to be running.

Upon looking into the vehicle, I observed the unresponsive female to be breathing. The unresponsive female was sitting in the driver’s seat and was laid over into the passenger’s seat. I began yelling at the female and remained un-alert. Due to the continuing to remain un-alert, I began shaking the vehicle. After shaking the vehicle for a brief period of time, the female opened her eyes and began slowly moving around inside of the vehicle.

With the female moving inside of the vehicle, I instructed the female several times to unlock and open the doors. The female complied. Once the driver’s door was opened, I instructed the female to step out of the vehicle. As the female exited the vehicle, I detected the odor of Marijuana emitting from the interior of the vehicle.

Once the female was fully out of the vehicle, she began asking about the reason in why I was there. As the female was asking about the incident, I observed the female to have heavily slurred speech. I informed the female that I was there regarding her own welfare due to her being unresponsive in the driver’s seat of a motor vehicle.

The female began looking at her vehicle and asked me, “did I park like this”. The vehicle was parked in an angled manor inside of the handicapped parking spot in front of the store. I informed the female that the vehicle was parked prior to my arrival. The female appeared to be in a state of confusion regarding how she arrived to 104 GTM Parkway.

Atrium EMS arrived on scene to evaluate the female’s condition. As the female was walking to the ambulance, I observed the female to be unbalanced on her feet, as she was stumbling. Due to the female’s condition, I escorted her to the ambulance. As the female entered the ambulance, I informed the female of the odor of Marijuana and that I would be conducting a probable cause search of the vehicle.

The female informed that she had taken a friend to the airport in Atlanta Georgia earlier in the day and that her friend smoked Marijuana on the way to the airport. I left the female with the Atrium EMTs and began conducting a probable cause search of the vehicle.

While both Sgt. Golden and I conducted a probable cause search of the vehicle, one prescription pill bottle for Acetaminophen/COD #3 was located inside Hayes’ purse. Inside of the pill bottle was 8 capsules with markings D O 4 (400 mg Gabapentin). While continuing the search of the vehicle, an empty bottle of Methadone was located inside the vehicle that was prescribed on 02/10/2023 along with an unopened Methadone bottle that was also prescribed on 02/10/2023. Both bottles were prescribed to Hayes.

No other items of evidentiary value were located inside the vehicle As the female remained inside of the ambulance, I processed the vehicle’s license plate, [REDACTED], through GCIC/NCIC. The return information provided by GCIC/NCIC displayed that the female, Cherieshia Hayes, was the registered owner of the vehicle. Hayes then stepped out from inside of the ambulance. The EMT from inside of the ambulance informed both Sgt. Golden and myself that the female refused to go to the hospital.

Sgt. Golden requested that Hayes submit to a series of standardized field sobriety test (SFST). Hayes agreed. After Sgt. Golden concluded his evaluation regarding Hayes’ condition, it was determined that Hayes was operating and in physical control of a motor vehicle while under the influence of narcotics. Sgt. Golden secured Hayes into handcuffs that were double locked and checked for proper fit.

I observed Sgt. Golden read Georgia Implied Consent to Hayes. Hayes agreed. I assisted Sgt. Golden in securing Hayes into the rear seat of his patrol vehicle. Sgt. Golden then departed the incident location en route to the Polk County Jail. The vehicle was left on scene at 104 GTM Parkway.

[End of Narrative]