Friday, February 29, 2008

 

Mayor in trouble, possible San Diego DUI investigation looming

San Diego DUI attorney news


LA MESA – The City Council voted Thursday to investigate the actions of its police department when officers took an apparently intoxicated Mayor Art Madrid home after he was found lying on a sidewalk near his SUV.

The 3-1 vote, with Madrid abstaining, came during a raucous, 3½-hour special meeting during which both the mayor's supporters and critics frequently made their stances known through loud applause and shouts.

Councilwoman Ruth Sterling cast the lone dissenting vote, saying she was concerned about spending city money on an investigation.

Police Chief Alan Lanning presented a detailed report of the facts surrounding the Feb. 20 incident, which also involved city finance department employee Trisha Turner, who was found in the driver's seat of Madrid's parked Ford Explorer. The vehicle was running and Turner's feet were outside the door. Neither was cited by police, who arrived at the scene after being alerted by a 911 caller.

Lanning said Madrid could have been arrested on suspicion of public intoxication and Turner on suspicion of driving under the influence, both misdemeanors. The chief reiterated that it was the officers' discretion whether or not to make an arrest.

“Absent a domestic violence case, the department has no rule or policy mandating arrest,” Lanning said. “We feel that an independent investigation will very much serve the public interest.”
Councilman Dave Allan called for an investigation at the beginning of the meeting, saying he hoped it would clear the reputation of the police department, which he said has been unduly criticized on allegations that the mayor was shown favoritism because he was not arrested.

Allan said he would personally contact the San Diego County District Attorney's Office and the county grand jury to request an inquiry.

“The city has been in total turmoil all week,” Allan said. “We gotta get back on track.”

Further, City Manager Sandy Kerl was instructed to hire a private investigator to look into the incident.

Madrid let Vice Mayor Ernie Ewin chair the meeting and sat quietly throughout it, at times wiping tears. At the start, he again apologized for his “embarrassing” behavior and noted the reaction in the community, which he compared to the volcanic eruption of Mount St. Helens. He said city employees, the police department and the city's reputation have all been damaged.

“Nothing in its path was unscathed,” Madrid said. “In this case, the police department is one of the injured.”

About 100 people attended the meeting, and about 40 of them addressed the council. Many in the overflow crowd listened outside the council chamber via a loudspeaker. The majority supported the mayor and said the incident was blown out of proportion.

“I've never felt embarrassed by the mayor,” said Tim Gustafson, a 15-year resident. “I accept your apology, mayor, and I consider this matter closed.”

Critics continued to press that Madrid was given preferential treatment and called for his resignation. If he does not, a recall campaign to oust him from office will begin, they said.

“I have inferred that the La Mesa Police Department has a chauffeur policy,” said Keith Barnett, talking about the fact that officers took the mayor home. “I believe our (police) are better used patrolling the streets fending off criminals rather than driving irresponsible individuals home.”

A 911 call to La Mesa police on Feb. 20 directed officers to Chicago Drive, near Denver Drive, in the Eastridge neighborhood around 10:30 p.m. Madrid and Turner appeared intoxicated, the officers told Lanning. They had vomited around the SUV, which was legally parked on the road. Neither was given a San Diego DUI / sobriety test.

The officers then drove the pair to Madrid's home, which was about a block away, unlocked the mayor's front door with his keys and left.

Lanning repeated that his officers have driven other intoxicated individuals home under similar circumstances.

The police chief also confirmed a criminal investigation is ongoing into whether Turner will be charged with San Diego DUI / drunk driving.



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