Cuthbert, Michael John
Date of Booking:
Reason(s) For Booking:
Simple Battery, Family Violence
Terroristic Threats And Acts – Misd
Dui- Driving Under Influence Of Alcohol
Obstructing An Emergency Call
[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.]
Deputy M. Singleton Reports that on 09-17-22 at approximately 08:50 Deputy Singleton and Lt. D. Rann were responding to a domestic disturbance in progress at, [4300 BLOCK] Gordon Springs Road. The caller advised that a male by the name of Michael Cuthbert had been drinking and assaulted his wife [VICTIM #1] the caller also advised that the male also stated that if the female called 911 she would leave in an ambulance.
While the Deputies were on the way to the scene the female advised dispatch that she had left that address and was traveling toward westside on Lafayette Road and her husband was following her in his vehicle with several firearms in a red in color Ford Crown Victoria bearing license #[REDACTED]. Deputy Singleton was traveling in the opposite direction attempting to locate them when he observed the vehicle pass him.
Deputy Singleton got behind the vehicle and initiated a traffic stop using his patrol vehicles emergency equipment and the vehicle came to a stop in the driveway of [700 BLOCK] Lafayette Road. Deputy Singleton drew is service weapon and ordered the driver out of the vehicle telling him to place his hands behind his back Deputy Singleton then detained the male who identified as, Michael Cuthbert.
Deputy Singleton read Cuthbert his Miranda Rights and began interview him about the incident. Cuthbert explained that him and his wife got into a disagreement but he did not assault her he advised while she was trying leave he briefly put his hands out to his sides to stop her but ultimately she left. Cuthbert kept stating that if he had put his hand on her his father who works at the Hamilton Emergency Medical Service (EMS) would have had to come get her. Cuthbert explained that he did not say anything about her leaving in an ambulance tonight but advised that in the past he “Jokingly” told the female if he did put his hands on her she would have to leave in an ambulance.
Deputy Singleton asked Lt. Rann to interview the female, [VICTIM #1] at a separate location and he did. Lt. Rann will be conducting a Supplemental Report with the females testimony and statements.
Due to the Caller advising Cuthbert had been drinking and Deputy Singleton observing him operating a motor vehicle the Deputy asked Cuthbert if he would be willing to perform standardized field sobriety to which he agreed. Before conducting field sobriety testing Lt. D. Rann removed three firearms from the vehicle which will be placed into evidence for safe keeping.
While speaking to Cuthbert, it was observed that a moderate odor of alcoholic beverage was emitting for his person and Cuthbert also had Watery eyes and Slowed Speech Before beginning the tasks, Michael Cuthbert was asked if he had any medical problems and he replied that he did not.
HORIZONTAL GAZE NYSTAGMUS TASK
Prior to attempting this task, Michael Cuthbert indicated he did not have any medical problems that would have prevented him from performing the task. It was determined that he was not wearing contacts. His eyes were checked and they displayed equal tracking and his pupils were equal sizes. Michael Cuthbert was instructed on how to preform the task and after stating that he understood the instructions, Michael Cuthbert attempted this task. No resting nystagmus was observed.
The results of this task displayed 6 of the 6 possible clues.
- A lack of smooth pursuit in the left eye
- A lack of smooth pursuit in the right eye
- Distinct and sustained nystagmus at maximum deviation in the left eye
- Distinct and sustained nystagmus at maximum deviation in the right eye
- An onset of nystagmus prior to 45 degrees in the left eye.
- An onset of nystagmus prior to 45 degrees in the right eye.
WALK AND TURN TASK
Prior to attempting this task, Michael Cuthbert indicated he did not have any medical problems that would have prevented him from performing the task. Michael Cuthbert was given the instructions and a demonstration of the task and Michael Cuthbert stated that he understood the instructions and was instructed to begin the task.
The results of this task displayed 5 of the 8 possible clues:
He started the task too soon. During the task, he stopped once while walking.
On the first set of steps, he incorrectly took 10 steps instead of 9. He did not touch heel-to-toe on steps 1, 2, 3, 4, 5, 6, 7, 8, and 9.
He did step off the line.
He turned improperly.
On the second set of steps, he took the correct number of steps. He did not touch heel-to-toe on step 8.
He didn’t step off the line.
He didn’t use his arms for balance.
ONE LEG STAND TASK
The instructions for the test were given along with a demonstration After Cuthbert indicated understanding the instructions, Michael Cuthbert attempted the task and raised his right leg and began the task.
The result of this task displayed 3 of the 4 possible clues:
- Swayed during the task
- Used arms for balance
- Put foot down 3 times during the task
Deputy Singleton placed Cuthbert into handcuffs double locking and checking for proper fit. Deputy Singleton advised Cuthbert that he was being placed under arrest and read the Georgia Implied Consent Notice. Once finished Deputy Singleton asked Cuthbert if he would submit to the state administered test of his (Breath) and he replied no (Refusal). Lt. Rann asked if he had a preference on a towing company to which he replied with Carpenters Wrecker Service. Lt. Rann summoned Carpenters Wrecker Service to the scene and the Vehicle was then towed by Carpenters Wrecker Service from the scene.
With the set of facts and circumstances that where provided to Deputy Singleton at the time of the incident Deputy Singleton reasonably believed that the violations of,
O.C.G.A 16-5-23 Simple Battery (FV)
O.C.G.A 16-10-24.3 Obstructing An Emergency Call
O.C.G.A 16-11-37 Terroristic Threats and Acts
O.C.G.A 40-6-391 (a)(1) Driving Under The Influence
Were committed by Cuthbert. Deputy Singleton placed Cuthbert into patrol vehicle (17f114) and transported him to the Whitfield county Jail where he was charged with violating O.C.G.A 16-5-23 Simple Battery (FV), O.C.G.A 16-10-24.3 Obstructing An Emergency Call, O.C.G.A 16-11-37 Terroristic Threats and Acts, O.C.G.A 40-6-391 (a)(1) Driving Under The Influence on Warrantless Arrest #66197 and Uniform Traffic Citation #303396.
Cuthbert was also served with an administrative license suspension and was then left in the custody of the Detention staff without further incident.
[End of Narrative]