Summary of the Graham's report
Published Oct. 26, 2007
The Columbia Police Department released a 14-page report of the arrest and detainment of Sen. Chuck Graham, D-Columbia, on Oct. 22, on suspicion of driving while intoxicated.
According to the report written by Columbia Police officer Donald Weaver, Graham's car, a Chevrolet Monte Carlo, hit one vehicle that then collided with a third vehicle. In the report, Weaver said the three individuals involved in the accident were Graham, Dale Cramer and John Merritt.
When Weaver asked Cramer and Merritt if they had consumed any alcohol, they both said no and "exhibited no signs of impairment," the report stated. Graham also denied that he had consumed alcohol, but Weaver said he could smell "a strong odor of alcoholic beverage on his breath."
Graham told Weaver he had consumed "a few drinks over the last two hours," according to the report. He said he had been drinking Bud Light and would not be more specific at the time as to how much alcohol he had consumed, Weaver said in the report. According to the report, Graham later said he had consumed two beers in the past two hours.
After failing to compete a horizontal gaze test, during which an individual must follow a police officer's finger with his eyes without moving his head, Weaver asked Graham to place his hands on his chin. According to the report, Graham said he was "partially paralyzed" and could not do so. Weaver said in the report that Graham's speech was both slurred and mumbled.
Graham completed the horizontal gaze test after four attempts, Weaver said in the report. Weaver also said Graham's eyes were "red, watery and bloodshot." At this point, Weaver said he placed Graham under arrest.
Graham requested to speak with an attorney after he was placed in holding at the Columbia Police Department, and Weaver said in the report that he gave Graham 20 minutes to use his personal cell phone to contact anyone he chose.
Graham noticed at 11:21 p.m. that he had bruising on his right forearm, according to the report. Graham requested medical attention, and Weaver said he called paramedics immediately. Graham then requested to speak with his lawyer, Robert Murray, who was in the lobby of the Columbia Police Department.
Weaver was unavailable for comment on his representation of Graham, as he is in St. Louis.
When paramedics arrived at the Columbia Police Department at approximately 11:32 p.m., they evaluated Graham in an interview room. Weaver said in the report he waited outside while Graham was with the paramedics. The report stated Graham began to hyperventilate, and the paramedics discontinued their evaluation of Graham so that he could speak with Murray in private, the report stated.
Graham and Murray spoke in private for 20 minutes, the report stated. After he left his private discussion with Murray, Graham demanded that he be transported to a hospital, the report stated. Weaver said in the report he asked a Columbia Police sergeant to call paramedics to transport Graham to the hospital.
Weaver took Graham to the breath testing room, where he asked Graham repeatedly to submit to a chemical test of his breath. Graham said he wanted to be transported to the hospital, Weaver said in the report.
While waiting for paramedics to arrive at the Columbia Police Department, Weaver asked Graham "no less than six times whether or not he would submit to the chemical test of his breath," the report stated. Graham said, according to the report, that he wasn't refusing anything, and he wanted medical attention.
Graham was transported to University Hospital from the Columbia Police Department at approximately 12:20 a.m., the report stated. The attending physician was Scott Schultz, and Weaver said he remained in the examination room while Graham was evaluated.
Weaver asked Graham twice, in Schultz's presence, if he would submit to the request of a chemical test of his blood, according to the report. Graham said that he would not do anything until he spoke to his attorney, Weaver said in the report.
Schultz told Weaver he believed it would be reasonable to allow Graham access to his attorney. Weaver said in the report that he told Schultz he was unwilling to allow any person other than another police officer or a University Hospital employee to remain in the room with Graham, who Weaver referred to as "my prisoner."
According to the report, Schultz told Weaver he would allow Murray into the room anyway, regardless of Weaver's concerns for his personal safety or the investigation. Weaver stated in the report that he told Schultz Murray could be in the room for "a brief consultation."
While Murray was in the room, Weaver asked Graham again if he would submit to a blood test. According to the report, Graham said he needed medical care. Murray asked Graham three times to submit to a chemical test. After being asked three times, Graham answered "no" and said he refused to submit to a test.
Previously, Weaver had observed Graham urinate into a container stored in the room. Weaver stated he ordered a University Hospital staff member not to destroy the urine in the container.
"I did not subject Graham to any invasive procedures, or any procedures whatsoever, in collecting and securing the urine," Weaver said in the report.
The report stated Graham had no reasonable expectation of privacy in Weaver's collecting and securing the urine. 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."
When Murray and Schultz left the room, Weaver stated he called a co-worker to ask whether or not the urine sample was suitable for examination for blood alcohol content, according to the report. Graham was awake, present and alert for this conversation, the report stated.
Weaver seized the urine to assure that it could be used as evidence, and a female nurse asked Weaver to return the urine to her, because Schultz instructed her to destroy it. Weaver then said in the report that Schultz, Murray and a female hospital administrator entered the examination room.
Schultz ordered Weaver to return the urine to him, and Weaver refused and justified the legal bases he took the urine on, the report stated. The female administrator also demanded that Schultz return the urine, Weaver said in the report that he said he would not return the urine because he was a police officer.
According to the report, when the female administrator demanded to speak with a sergeant, Weaver referred her to Columbia Police Sgt. Shouse-Jones, who was asked to respond to the hospital, the report stated.
At one point, Schultz reached out his hand toward Weaver, and Weaver said in the report that he threatened to arrest Schultz or anyone else who obstructed him. Weaver said in the report that Murray had placed himself in front of the doorknob, and that Schultz ordered him to move, and he exited the room.
Security guards confronted Weaver and asked that he stop and return the evidence, the report stated. Weaver ordered them to back away, but more security guards confronted him, according to the report. Weaver exited the hospital, put the evidence in his car and returned to Graham's room to supervise him.
At this time, Jones accepted custody of Graham, and Weaver left the hospital and went to the Columbia Police Department. At that time, Weaver completed a search warrant application for Graham's blood, according to the report.
The search warrant was approved by Columbia Police Capt. Steven Monticelli over the phone, and approved by Assistant Prosecuting Attorney Jim Gray at his residence, according to the report. Judge Deborah Daniels issued the search warrant.
When Weaver returned to University Hospital, he provided Graham with the search warrant and a nurse at the hospital drew Graham's blood, according to the report.
Weaver transported Graham directly to the Boone County Sheriff's Department after collecting the remainder of Graham's personal property from a locker at the police department, and Graham was fingerprinted and photographed at the Boone County Jail and was issued two summonses to court, according to the report.
Weaver also said in the report that he seized Graham's driver's license and notified him that his license had been revoked. At this point, Weaver said in the report that he returned to the Columbia Police Department and collected and secured all items seized as evidence, including vials of blood, a water sample, urine, a print out from the Intoxilyzer and an empty water bottle, according to the report.
Weaver compiled a probable cause statement to be forwarded to the State Prosecuting Attorney's office and requested the digital video files from his patrol car be retained as evidence.
The report stated the blood, urine and water sample should be tested at the Saint Louis University Forensic Toxicology Laboratory. Weaver said in the report that the blood and urine would both be tested for the "presence of controlled substances and for blood-alcohol content."