Dalton teen charged with felony after kicking, spitting on police

Aug 9, 2020 at 5:58 PM EDT

DALTON – The following incident report was filed by the Whitfield County Sheriff’s Office regarding the arrest of Tristan James Menzl, 19, on July 25, 2020 on the following charges:

  1. Simple Battery
  2. Theft By Taking, Larceny, Pocket Picking, Misd
  3. Possess A Schedule 4, Other
  4. Sale / Distribute / Possess Dangerous Drugs
  5. Possess Tools For Commission Of Crime, Vgcsa
  6. Willful Obstruction Of Law Officers, Misd
  7. Obstruction Of Officer By Threat/ Violence

Some names and addresses in the following transcription may have been redacted to protect the innocent. Errors may exist. We don’t fix spelling/grammatical errors made by the agency:

Begin Transcription of Narrative Report

On July 25, 2020 at 10:39 hours Deputy Gerald E Cooley was dispatched to a disturbance in progress at [600 block] Bryson Road SE Dalton Georgia. Deputy Cooley arrived at the residence and spoke with Mrs. [VICTIM #1 – 60 Year Old Female].

Mrs. [VICTIM #1] advised that she was moving from Davenport Iowa here to Dalton Georgia with three of her grandchildren. Mrs. [VICTIM #1] stated that they had been staying with her sister who lives at the [600 block] Bryson Road address.

Mrs.[VICTIM #1] advised she has had a lot of problems out of her older grandson Tristan James Menzl Jr.

Mrs. [VICTIM #1] explained that he had been in a lot of trouble in Iowa and is on Probation for stealing cars. Mrs. [VICTIM #1] then advised she was trying to get Mr. Menzl a fresh start and had his probation moved down here to Georgia.

Mrs. [VICTIM #1] advised she was awake in the residence around 04:00 AM and Mr. Menzl came stumbling into the residence. She then stated he tripped over the dog gate and seemed to being having a hard time walking. Mrs. [VICTIM #1] then stated Mr. Menzl said he wanted her cell phone because he had lost his and needed to find it. Mrs. [VICTIM #1] advised he had slurred speech and seemed under the influence of something.

Mrs. [VICTIM #1] advised she let him use her phone and he then just set it down where he was and then fell walking up 3 stairs, and tripped over the dog gate as he was leaving. Mrs. [VICTIM #1] then advised she spoke with her sister Mrs. [VICTIM #2] and asked her if she had any alcohol in the house. Mrs. [VICTIM #2 – 62 Year Old Female] stated she did not and Mrs. [VICTIM #2] then advised she was going to check her Medications.

Mrs. [VICTIM #1] advised she checked her basket which she keep her pill bottle in and advised that someone had been going through them. Mrs. [VICTIM #2] then checked her other medication she had hidden in her bedroom and discovered 30 or more Klonopin, 6 Flexeril pills and a Metoprolol pill bottle were missing. Mrs. [VICTIM #1] then advised they decided to check the motorhome for the pills.

Mrs. [VICTIM #1] advised she opened the door and stated she could see Mrs. [VICTIM #2]’s pill bottle on a shelf behind the couch. Mrs. [VICTIM #1] picked up the bottle and confirmed they were her pills. Mrs. [VICTIM #1] then stated Mrs. [VICTIM #2] told her “Come over here and look at this”. Mrs. [VICTIM #1] advised she had opened one of the drawers and found two glass smoking pipes. Mrs. [VICTIM #2] advised she was tired of this and wanted Mr. Menzl off her property.

Mrs. [VICTIM #2] said she confronted Mr. Menzl and told him to get out of her house and off her property. Mrs. [VICTIM #2] stated Mr. Menzl became very mad and began yelling and cursing at her. Mr. Menzl then reached up and grabbed the basket which contained her medications and flung them on the floor. Mrs. [VICTIM #2] continued telling him to get out of her house, and when she bent over to pick up some of her medications, Mr. Menzl kicked her in the right arm.

Deputy Cooley observed a very small amount a redness on her right arm near the elbow at the time of this report. Mrs. [VICTIM #1] then advised when her grandson Mr. Menzl went outside they locked all the doors and windows and called 911. While Deputy Cooley was speak with the sisters, Mr. Menzl came walking around from the rear of the residence. Deputy Cooley observed Mr. Menzl appeared very unsteady on his feet and was walking very slowly. Deputy Cooley identified himself and asked Mr. Menzl what was going on?

Mr. Menzl had very slurred speech and was swaying back and forth, while trying to talk with Deputy Cooley. Deputy Cooley asked Mr. Menzl what he had taken and he advised it was none of his business. Deputy Cooley then asked Mr. Menzl if he had a ID and he advised he did and began walking towards the door on the motorhome. Mr. Menzl was having a hard time walking and climbing up into the motorhome.

Deputy Cooley observed him pick up a wallet and he began looking through it then he stopped. Deputy Cooley advised he needed to see his ID and Mr. Menzl said “why, was he under arrest” Deputy Cooley advised at this time he was conducting a investigation and was gathering identification and trying to find out what was going on. Mr. Menzl then again told Deputy Cooley he was not going to show Deputy Cooley his ID. Deputy Cooley then asked Mr. Menzl if he was on Probation and he advised he was not going to answer and questions unless he was under arrest. Deputy Cooley advised he could be arrested for Disorderly Conduct at least, but Deputy Cooley was trying to get both sides to find out what happened.

About this time one of the sister carried a Frisbee with 2 glass smoking pipes on it. Deputy Cooley set the Frisbee and pipes on the ground. And turned back towards Mr. Menzl to step down out of the camper. Mr. Menzl refused and Deputy Cooley reached toward him. Mr. Menzl began to pull back and Deputy Cooley grabbed his left arm. Mr. Menzl then kicked Deputy Cooley in the right side of the chest and arm area. Not knowing what was in the camper Deputy Cooley pulled Mr. Menzl out the door and he then pulled free.

Mr. Menzl then attempted to run but tripped on a kids bike sitting in the yard. Deputy Cooley called for assistance over the radio and drew his X26 Taser, and began giving verbal commands for him to get on the ground. Mr. Menzl refused to comply but had stopped; again, Deputy Cooley was giving him verbal commands to get on the ground and Mr. Menzl again refused and advised he was not a dog.

Deputy Cooley could hear siren of another officer approaching, so Deputy Cooley continued covering Mr. Menzl with the Taser and advised him to turn around and put his hands behind his back as Deputy James Caraway approached. Deputy Caraway handcuffed Mr. Menzl and Deputy Cooley checked him for weapons. Mr. Menzi became very belligerent yelling and curing at his family and officers. He was then placed in the rear of Deputy Cooley patrol vehicle and seat belted in.

Deputy Cooley then began collecting the evidence and saw Deputy Caraway open the door where Mr. Menzl was sitting. Deputy Cooley then observed Deputy Caraway quickly close the door and look down at his uniform. Deputy Caraway then advised he was kicking the door and when he went to talk with him Mr. Menzl spit on him but was able to block most of it with the door. Mr. Menzl was now kicking to door more where you could see the door bowing out. Deputy Cooley decided to have Deputy Caraway go ahead and transport Mr. Menzl before he hurt himself or damaged the vehicle.

Lt. Dakota Boling and he advised he was almost on scene to wait until he got there before moving him to Deputy Caraway’s vehicle. Lt. Boling arrived and as he was being moved he spit on Deputy Caraway again and then on Lt. Boling.

Deputy Caraway then transported Mr. Menzl to the Whitfield County Correctional Center, as Deputy Cooley finished the interviews.

At the Whitfield County Correctional Center Deputy Cooley charged Mr. Menzi with 16-8-2 Theft by Taking, 16-5-23 Simple Battery, 16-7-20 Possess tools for the commission of a crime VGCSA, 16-10-24(a) Willful obstruction of Law officer Misd 2 counts, 16-10-24 Willful obstruction of Law officer Fel, 16-13-30 (A)(M) Possess a Schedule 4, other, and 16-13-72 Sale/ Distribute/ Possess Dangerous Drugs on Warranless Arrest # 62496.

Deputy Cooley ran a criminal history which showed no history but he was on Probation in Georgia. Deputy Cooley placed the 2 glass pipes into evidence at the Whitfield County Sheriffs Office.

End Transcription of Narrative Report