Graham arrest report released

By Juana Summers

Published Oct. 26, 2007

Columbia Police Department Chief Randy Boehm said he supports the actions of police officers following the arrest of Sen. Chuck Graham, D-Columbia, on suspicion of driving while intoxicated.

The Columbia Police Department released a 14-page "offense report" detailing Graham's arrest on Oct. 20, including the obtaining of Graham's blood and urine samples. Boehm classified the situation as an "unusual set of circumstances."

"In some ways, it was a rather difficult, stressful period of time," Boehm said. "From that standpoint, we certainly understand that everyone was just trying to do their jobs."

The report detailed how Columbia Police Department officer Donald Weaver obtained a container of Graham's urine from Graham's hospital room as evidence without a search warrant. Weaver said in the release that he had probable cause to believe that "the urine in the container constituted evidence of the crime of driving while intoxicated," and, "probable cause to believe that the evidence was going to be destroyed by remaining at room temperature" before he could attain a warrant.

When Weaver took the urine from the hospital, the attending physician, Scott Schultz, as well as security officials from University Hospital attempted to stop Weaver from taking the urine from the premises, the report stated.

"We certainly understand that everyone was just trying to do their jobs," Boehm said. "There was just clearly a difference of opinion as to what that was. We believe he handled it appropriately and had every right to seize that urine."

A spokesman for University Hospital could not be reached for comment.

Boehm said he had been in contact with University Hospital officials following the situation.

"We do plan to meet and discuss, in general, protocol related to these kinds of issues, so we can figure out how to make this all work a lot better," Boehm said.

The same day Columbia Police released their statement, Graham also released a statement regarding the incident.

He said he could not discuss many details about the events surrounding his arrest, on advice from counsel.

"I want to apologize to my family, friends and most importantly, to the citizens of Boone and Randolph counties for any embarrassment I have caused to them," Graham said in the release.

Graham said in the news release he would use this opportunity to grow and to improve himself, and he hopes to be a better person and able to serve the area in a more effective way. He also said he would abide by the final legal decision made in his case.

Graham declined to voluntarily submit to a chemical breath test or blood test after Weaver gave him multiple opportunities to do so, the police report stated. Weaver applied for and obtained a warrant to collect blood from Graham after collecting the urine. Test results have not been released.

Graham and his spokesman could not be reached for further comment.