TNDAGC

ISSUE 56

September 2016

I N S I D E T H I S I S S U E :

Cannabis & Colorado 1

Recent Decisions 2-3

Colorado Utopia 4

Coming Together 5

747 Crash Numbers 6

Working Together 7

24/7 Program 8

Training 9

Murderers Row 10- 11

Remembering Mary 12

D U I N E W S

This material was developed through

a project funded by the Tennessee

Department of Transportation, Tennessee

Highway Safety Office and the

National Highway Traffic Safety Administration.

Tennessee Highway Safety

Office James K. Polk Office Bldg.

505 Deaderick Street, Ste. 1800

Nashville, TN 37243

Office: 615-741-2589

web-site: www.tntrafficsafety.org

PUBLISHER: Tom Kimball, TSRP; ADA LAYOUT AND DESIGN: Sherri Harper

TN DISTRICT ATTORNEYS

GENERAL CONFERENCE,

Jerry Estes, Executive Director

226 Capitol Blvd. Bldg., Ste. 800

Nashville, TN 37243

DUI Training Division

DUI Office: (615)253-6734

DUI Fax: (615) 253-6735

e-mail: tekimball@tndagc.org

Newsletters online at:

dui.tndagc.org/newsletters

Cannabis and Colorado: A Not So Perfect Utopia by Barry Williams and Tom Kimball, TSRP

Where Everybody Loses

Sometimes life offers interesting little twists and turns, as my recent visit to the Drug

Recognition Expert seminar in Denver, Colorado proved. Of course interesting isn’t

quite as accurate as “eye-opening” would seem to be in this particular case.

During this recent trip I was able to wrap my mind around the ensuing insanity that the

voters of Colorado ushered in, when they dared to brave a new world of progressive

social liberalization and permissible pot. At first, I was amazed by this fascinating

possibility of social maturity that I had entered; but, however, this amazement soon

turned into disgust as the untallied cost in human suffering was eventually revealed.

Wasted Youth and Years

The façade created by the marriage between “legal” cannabis and free-spirited

decadence was soon unraveled with a leisurely stroll down any number of the main

streets in downtown Denver. This was where the fateful decision by voters a few years

earlier met the harsh reality of increased crime rates, a massive influx of homeless

people, and a growing trend in drug-addicted youth. These youths, by my observation,

spent the bulk of their time panhandling for “party funds”, playing on the “rocking barrel

seats” provided for the amusement of children, and, of course, the steady occupation of

malingering. They lined the streets begging for money and meandered through

downtown in search of another high. This struck me as the natural, inevitable result of

cannabis legalization. The real cost won’t be known for another few decades, when the

already faltering health care system begins to see the result of this enlightened,

progressive new world.

It’s all about the MONEY

One of the most powerful presentations in the seminar was the Colorado Department of

Transportation’s (CDOT) program to educate its population on the safety issues involved

with the use of marijuana. CDOT spent enormous amounts of money to put video games,

called “End Game” in marijuana dispensaries to bring home the message that it was still

a crime to drive while impaired on marijuana, just as much as it was a crime to be

impaired on alcohol. CDOT also went so far as installing modified smoke machines in

selected cars to warn against the dangers of “hot boxing” marijuana in cars. The guiding

principle behind these decisions: marijuana was now legal in their state and their

obligation shifted to education and abiding by the laws of Colorado. The new tax money

didn’t hurt either, as their budget swelled in direct proportion.

*Hot Boxing is when marijuana is burned inside of an often moving car with the windows completely sealed

so as to capture the optimal amount of smoke for several individuals to inhale at once.

(Continued on Page 4)

DUI News Page 2

RECENT DECISIONS

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State v. Felicia Jones, 2016 WL 3750151, Tenn Crim App June 2016 A Warrantless Arrest Case In this warrantless arrest case for Driving Under the Influence and Possession of Drug Paraphernalia, the

Defendant, Felicia Jones, had a Bench Trial on January 15, 2014 in the Sullivan County General Sessions Court, where

she was found guilty of both offenses. She then appealed to the Sullivan County Criminal Court, which is what happens

when prosecutors try bench trials in General Sessions Courts, arguing that prosecution in her matter was never

commenced because the complaint filed after her arrest was void, because the officer had failed to take an arrest warrant

out. Here, the officer was relying solely upon the affidavit of complaint, which was signed by a notary public, who was

not a qualified judicial officer under the meaning applicable state law. So the defendant, in the Sullivan County Criminal

Court argued that the applicable statute of limitations had already run. The Sullivan County Criminal Court granted her

motion and dismissed both charges on December 15, 2014. The State appealed.

On appeal the defendant argues: that this violated the requirement that oath be made before a magistrate under

T.C.A.§40-6-203(a), Tennessee Rule of Criminal Procedure 3, and also arguing that an affidavit of complaint to be made

on oath before a magistrate or neutral and detached court clerk so authorized under Rule 4. Thus, the statute of limita-

tions had expired because the form affidavit of complaint standing alone does not stand as an arrest warrant, as this was

a warrantless arrest, because an arrest warrant was never issued and so there was no sufficient charging instrument.

The State argues that this oversight was a mere technical defect and had absolutely no effect on the validity of the

affidavit of complaint; but, however, the court reasoned that the affidavit of complaint was not a valid charging in-

strument and after consideration found that no arrest warrant was ever issued and that the affidavit of complaint, stand-

ing alone, does not satisfy the requirements under Tennessee law, also noting that the affidavit of complaint was invalid.

Lesson: double check ALL the paperwork in cases!

State v. Lisa Hayes, 2016 WL 3636694, Tenn Crim App June 2016 Another Warrantless Arrest

Issue This is another warrantless arrest case, where the Defendant, Lisa Hayes, was arrested for DUI and simple

possession. On the same day as her arrest, a court clerk determined that there was probable cause for her arrest based on

the affidavit of complaint but failed to mark the appropriate box indicating that an arrest warrant should issue. After

more than a year, the case was finally brought before the Sullivan County General Sessions Court for Ms. Hayes’

preliminary hearing. Her case was bound over to the Sullivan County Grand Jury and an indictment for DUI and Simple

Possession ensued. Ms. Hayes filed a motion to dismiss in the Criminal Court for Sullivan County, alleging that the one

year statute of limitations had run, because the box on the affidavit of complaint that would have issued a warrant was

not checked by the clerk and that the State of Tennessee had failed to enjoin prosecution of her crimes within the

applicable statute of limitations. The trial court granted her motion to dismiss and the State of Tennessee appealed.

The court considered the State of Tennessee’s argument, which was slightly different from the Jones case. Here

the state conceded that the affidavit of complaint did not meet the technical requirements, but that the affidavit of

complaint could stand alone as a proper charging instrument, because it contained all the necessary requirements: notice

of the charges, the elements of the crime, et cetera, such that the affidavit met the essential aspects of T.C.A. § 40-6-208.

After a review of the record the court noted that no arrest warrant was ever actually issued and that the affidavit of

complaint, even if properly issued, could not stand alone as the charging instrument. The court affirmed the trial court’s

dismissal.

State v. Thomas Santelli, 2016 WL 3563423, Tenn Crim App June 2016 When Rock Stars go Rogue The defendant, Thomas Santelli, was stopped around 2:00am on Kingston Pike in Knoxville, Tennessee, by

Officer Adam Minner of the Knoxville Police Department. The defendant’s bad driving caught the officer’s attention

and the officer activated his blue lights after the defendant nearly hit a median. The defendant didn’t stop but continued

driving, causing the officer to activate his siren several times to gain the defendant’s attention. When the defendant

finally came to a stop, he was in a left turn lane.

The officer decided to conduct standard field sobriety tests, which the officer had to terminate because of the

defendant’s non-compliance. Needless to say, the defendant, who claimed to be a professional musician, performing

(continued on page 3)

DUI News Page 3

RECENT DECISIONS

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State v. Thomas Santelli (continued) with the likes of Bruce Springsteen, America, and the Allman Brothers, was less than cooperative and a great admirer

of profanity. After being informed of the implied consent law, the defendant refused to give blood, because he was a

hemophiliac. The defendant also complained that he had been pulled over several times in the last few days and weeks.

Unfortunately for our plucky hero, a Knox County jury did not agree and Sarah Keith of the 6th Judicial District

convicted him of DUI and one count of DUI 2nd. The court found him guilty of Implied Consent, and the jury affixed a

fine of $1,500.00 – great job Sarah Keith and Officer Adam Minner! The defendant was sentenced to eleven months and

twenty-nine days and all but 100 days to serve in periodic confinement.

On appeal, the defendant raised a number of issues: exclusion of any evidence of being pulled over in a previous

incident, lay opinion testimony by the officer, prosecutorial misconduct during closing arguments, sufficiency of the

evidence, and last but not least, variance and constructive amendment of the indictment.

As to the first issue, the defendant argued that the trial court erred in not admitting evidence of prior stops by the

police, because an officer in a previous case took the defendant for a blood test, but instead just left him in the back of a

police car. The court’s analysis centered on whether the admitted evidence would serve to confuse the jury or otherwise

mislead them as to the instant stop. The court concluded that it would, and that the trial court did not abuse its discretion

in not admitting into evidence testimony of any previous stops.

As to the second issue, the court found that the officer’s lay opinion testimony did not rise to the level of plain

error when it was admitted into evidence. The court also found that Officer Minner had sufficiently articulated his

observations and that his experience, training, and opinion were qualified under the rules.

As to the third issue, the court looked at the factors for determining whether or not the prosecutor stepped over

the bounds in this case. The court, citing Terry v. State, acknowledged that “[c]losing argument is ‘a valuable privilege

that should not be unduly restricted.’” (Terry v. State, 46 S.W.3d 147.156 Tenn. 2001). The court acknowledged that

closing argument is a significant privilege for all attorneys and it should not be unduly hindered (citing from Terry v.

State).

In the instant case, the court found that Ms. Keith did not mislead or misstate the evidence. The court also found

that she relied on accepted common knowledge of hemophilia for her hypotheticals and statements about hemophilia and

that her argument was properly within the bounds of challenging the defendant’s credibility as to his medical

condition/illness. Further, the court found that the prosecutor did not breach any unequivocal rule of law. The defendant,

it was noted, had entered medical records into evidence that did not, in fact, reveal any evidence of a blood condition or

disease.

The fourth issue was a sufficiency of the evidence issue, which required the court to review such a claim along

relevancy grounds such that any reasonable Trier of fact could find the defendant guilty of all elements of the crime

beyond a reasonable doubt. In this case, the court shut the defendant down quickly by giving a brief run-down of the

sufficient evidence necessary to convict the defendant. The court found that the video and testimony, behavior of the

defendant, statements made and the defendant’s driving as well as other facts, when considered by a reasonable Trier of

fact could find quilt beyond a reasonable doubt. Defendant was not entitled to relief.

The fifth issue was Variance and Constructive Amendment of the Indictment during the sentencing phase of

trial. Naturally, the Defendant argues that a constructive amendment was made to his indictment when the jury was

permitted to consider the evidence of his “vertigo” medication instead of whether he was driving under the influence of

an intoxicant. Here the court approached this argument by drawing a distinction between a constructive amendment and

a variance. The court looked at the necessary qualities of the indictment to inform the defendant of the crime, the

elements necessary to sustain a finding of guilt, et cetera. Once these elements were considered, the court, applying the

law to the facts, found that the prosecutor’s closing argument was not evidence when she discussed the medication,

especially since the defendant entered the evidence of his medication himself at trial.

There was a sixth issue not raised by either party that the court brought up and that is in regards to sentencing of

the defendant. The court found that the sentence imposed by the trial court was illegal, because the defendant must serve

a mandatory minimum sentence of forty-five days for the DUI 2nd continuously and is therefore not eligible for periodic

confinement until at least that period is served.

Perhaps Springsteen will take him back…

DUI News Page 4

COLORADO UTOPIA

Perhaps the most frightening aspect of the conference was not the petty thieves, pickpockets, large police presence,

constantly being begged for money for “my party time” as one young man said to me, the homelessness, and the

shiftless, drug-addicted youth, it was the argument that was used to bring legalization into the state in the first place:

MONEY. The real take home lesson for me is that by selling moral ground, states will bring more misery in the

long-run than by fighting to protect their citizenry in the first place. Consider this as to how powerful the marijuana

lobbyists are in their persuasion techniques: Colorado pot dispensaries are exclusively cash businesses, because they are

still illegal enterprises as far as the federal government is concerned. Credit card companies and banks cannot be used

for clearing any payments made to these dispensaries. As I learned from one DRE from Colorado: only about 60% of the

tax revenue is believed to actually be reported and the expected amount in tax for 2016 in Colorado’s marijuana revenue

is going to be over $200,000,000.00USD.

PLANNED PREPARATION

Dan Estes, the Director of the Oregon Traffic Safety Office, spoke at the Governor’s Highway Association Conference.

He advised States to prepare for possible legalization, but not to panic. He is not and never was a fan of legalization, but

saw the train coming in his State after his neighbors in Washington voted to legalize. He noted that in Washington, when

victims of car crashes were studied before and after legalization, the number with the presence of marijuana nearly

doubled from 8% to 14%. He realized that more people would die on the roadways when the voters approved

legalization. In Oregon, marijuana was legalized after a $6 million dollar ad campaign by the legalization backers and

the bustling huge marijuana industry. It was inevitable. So, in Oregon they took the following steps to prepare:

They:

Expanded ARIDE training,

Doubled the number of school resource officers,

Designed messaging for marijuana users about DUI,

Beefed up the crime lab,

Awarded grants for blood testing,

Awarded grants for no refusal weekends and communities,

Pilot tested oral fluid testing,

Hired another Traffic Safety Resource Prosecutor ,

Contacted and worked with hospitals for blood draws,

Expanded training and

Resisted a per se limit in favor of a permissible inference with the presence of any THC.

In hindsight Mr. Estes explained that he needed more data about the effects of marijuana on the roadways and he needed

more discussion with policy makers to prepare for increased carnage.

Chuck Hayes, a leader of the Drug Recognition Program, informed that a poll of marijuana users in Washington

indicated that 43% of users admitted driving high in the last week. When marijuana drivers were stopped, 27% of the

time they were stopped for speeding. The slow driving smoker image is a myth.

Marijuana has been legalized by ballot initiatives in Colorado 69% approval, Washington 58%, District of Columbia

70%, Oregon 56% and Alaska 53%. It was rejected in Ohio with 63% voting no. In 2012, ballot initiatives for

recreational marijuana are pending in Arizona, California, Maine and Massachusetts.

Medical marijuana is on the ballot in Arkansas, Florida, Montana and North Dakota. We’ll learn a lot about how voters

in those States feel about entering the not so perfect Utopia on election night.

DUI News Page 5

Coming Together to Save Lives by Barry Williams

Recently, I had the privilege of attending the 29th Annual Tennessee Lifesavers Conference in Murfreesboro,

Tennessee. This conference has been instrumental in bringing together traffic safety experts from across the

state as well as nationally, to not only increase awareness of the problems facing our law enforcement

community daily on the roads and highways of Tennessee, but also to educate the public in supporting the

foundational underpinnings behind the conference: saving lives across our great State of Tennessee.

During the course of our lives, we seldom appreciate how we influence the lives of others, especially for those

of us that deal with the death and the misery that many of the fatalities on our roads bring. In this regard, the

Tennessee Lifesavers Conference stands as a shining example of how those moments in time are never

forgotten but form a galvanizing bulwark of resistance to the onslaught of drugged driving, driving under the

influence, distracted driving, and drowsy driving. These four elements have driven the number of fatalities in

our State.

Colleagues and partners with law enforcement across the State of Tennessee gathered together to work on

safety plans to reduce the number of fatalities and traffic crashes that occur every year, with the laudable goal

of reducing them all to zero. In this way, the Lifesavers Conference and its supporters have had an effect on

the lives of the survivors and their families of these traffic crashes and injuries. The greatest impact, as I

observed, was the educational tools available to the public. It is just one more aspect of how the Lifesavers

Conference is touching lives, and one that we sometimes do not consider, because it does not occur in the

courtroom.

In the closing, the efforts of law enforcement personnel were recognized through the Tennessee Law

Enforcement Challenge Program awards ceremony. In this way, the hard-work and dedication of the law

enforcement community was recognized and the influence that law enforcement has on our communities was

manifested by the recognition of their peers and more importantly, by the communities that they represented

as a whole. It is in this capacity that lives are touched in significant ways.

One such way that this recognition was made was in the Director’s Award for Traffic Safety. This year’s

Director’s Award went to District Attorney General for the 25th Judicial District Mike Dunavant.

General Dunavant has demonstrated the commitment and dedication so necessary to make an impact on

reducing the lives lost on Tennessee’s highways. This award goes to the individual who has made an

extraordinary effort to combat traffic fatalities and to save lives. We congratulate General Dunavant!

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Page 6 DUI News

THE 747 CRASH NUMBERS

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Last year in America the nation lost 35,092 people in traffic crashes in 2015, ending a 5-decade trend of declining

fatalities with a 7.2% increase in deaths from 2014. Is there pity, rage, heroism for those numbers? If one 747 went

down costing us 416 lives every week of the year, we would have lost 21,632 people. If the planes crashed two weeks

in a row, planes would have been grounded, until an evaluation of the type of the plane could be conducted to see if the

plane was still worthy of our trust.

In August, I was privileged to attend the annual meeting of the Governors Highway Safety Association. Some of

the top thinkers in our nation were present to advise the directors of our highway safety offices about how to respond to

this national epidemic. Pulitzer Prize winning New York Times journalist, Mark Richtel, is not a traffic safety guru. He

looks at the question from the perspective of a journalist. He advised we ask five questions to seek solutions:

1) From the perspective of the driver, is driving too boring?

The smart phone has made everything in society boring. Who sits through lunch without checking their phone? In an age

of constant contact and narcissism, how can we stop people from being “distracted drivers”.

2) Is the Textalyzer the answer?

Apparently legislation has been filed in New York that would allow an officer to hook up a crash victims phone to a

computer to determine if the phone was being used in an illegal way during a crash. Of course, the defense bar went

crazy and opponents pointed out obvious 4th Amendment issues and the legislation died in committee.

3) Is the self driving car the answer?

Eventually market forces will push the self driving car as the auto industry will have a new boom turning over the entire

fleet of vehicles as the self driving technology gets safer. There will be huge profits for the industry, if the industry can

win the approval of drivers. The vision is that self driving cars will be the only cars available by about 2050. In the

meantime, Ford has announced that a car without a steering wheel, brake or gas pedal will be available in 2021.

4) Is Science the Answer?

Science has not gotten the credit it deserves. Millions of lives have been saved by scientific development including

electronic stability, airbags, the frontal crush of the vehicle that keeps damage out of the passenger compartment and

more. Automatic Emergency braking will be available on vehicles in 2017.

5) Are citizens the answer?

When polled 80% of citizens respond that they dislike speeding. However, about the same number admit they speed.

Citizens hate speed cameras. They feel disenfranchised by them. When asked if they would rather fund more police

officers or accept speed cameras, they vote for the cheaper alternative, the cameras. The reality is citizens want to speed

and will. They would rather have a free pass and risk killing themselves and others than be regulated. How will that ever

change?

Data indicates that 94% of all vehicle crashes are caused by human error. According to speaker Jim

Hedlund, past Chief of the Mathematical Analysis Division at the National Highway Traffic Safety

Administration’s (NHTSA) National Center for Statistics and Analysis (NCSA) . Hedlund notes that

behavioral research is more difficult than structural, but notes we appear to be heading in the wrong

direction. For instance, Hedlund noted that 80% of THC is gone from the bloodstream within 20 minutes

of a person ingesting marijuana, but States accept an artificial 5 nanogram standard as a DUI per se limit.

Easy is not accurate.

A 747 AIRCRAFT TYPICALLY CARRIES A MAXIMUM OF 416 PASSENGERS.

When one of these planes crashes, the national and international news coverage goes on for

hours and days. Investigators respond and the search for the black box is national news.

When the audio recording from the cockpit is played on our TV sets, men, women and

children shed tears. Those tears are tears of pity and remorse that show our humanness. If

the cause of the wreck was human error, that remorse turns to rage. If the cause is industrial

error, that pity turns to rage. The term “accidents happen” rarely apply. Heroes are

enshrined in our lexicon from lifesaving measures. Remember the great pilot, Sully?

Page 7 DUI News

WORKING TOGETHER TO SAVE LIVES

Gordon Graham is a retired 33 year veteran of California Law Enforcement. He received his

teaching credential from California State University, Long Beach. He later graduated from University of

Southern California with a Master's Degree in Safety and Systems Management. Subsequent to this he

graduated from Western State University with a Juris Doctorate. He views this from multiple

perspectives. His slogan, PREDICTABLE IS PREVENTABLE®, is now the mantra of his

company, Lexipol – a company designed to standardize policies, procedures and training within law

enforcement agencies around America.

Graham spoke on a panel with Washington State Police Chief John R. Batiste and Jonathan Thompson,

Executive Director & CEO National Sheriffs' Association. Graham pointed out that since September 11, 2001 over

700,000 persons have died in vehicle crashes. People don’t seem to learn from history. People do the same thing over

and over again and expect different results. Einstein called that thinking insane.

THE PRIMARY PURPOSE OF LAW ENFORCEMENT IS THE PRESERVATION OF HUMAN LIFE Yet we work officers for outrageous hours and distract them with computers in their cars that work while they drive and

we fail to correct officers who fail to wear seatbelts, because they might delay getting out of a car by a second or two. In

2015 auto crashes were the second leading cause of officer deaths, only behind shootings.

Chief Batiste told us what we all know already, law enforcement officers are under a microscope. Law

enforcement can be a very messy business and it all plays out now on the television news. Officers are

less aggressive. They don’t want to be the news story. Officers are more reluctant than ever to pull a

car over. With recent Court rulings a typical DUI now takes five hours from start to finish. Most law

enforcement agencies are very small. Losing a patrol officer from the street for five hours can have

horrific consequences. Naturally fatalities are up and recruitment of new officers is down. More and

more dedicated officers are choosing retirement as soon as they become eligible. The new recruits are

different from the old guard. They actively participate in child rearing and want to be home as soon as

the shift is over. The days of free overtime for court and overtime to attend training are in the past.

Jonathan Thompson also had dire news. He asked “In a country built on the rule of law, when did it

become acceptable for drivers to flee from blue lights?” He derisively thanked O.J. Simpson with his

long slow speed chase for popularizing disobedience, but it is not just O.J.. When, he asked, did it

become okay to lie under oath? Don’t we see someone bold face lie in almost every trial? When in a

nation of laws did it become cool to observe a murder and hide the information that a person observed?

So how do we get the next generations to drive with respect for the law? We have a generation of

drivers who learned on video games. They did not have Diver’s Education classes. They had Mario

Cart and Need For Speed, Fast Pursuit. No one dies in fiery on line explosions. Thompson noted that

Americans don’t look to the future anymore. The future is Friday. The distant future is a week from

Friday. Economists look at quarterly reports now, not fifty year trends. How do we get people to think about next year,

when they don’t plan for more than today?

DUI News Page 8

The 24/7 PROGRAM AND IGNITION INTERLOCK COMMUNITY HAVE A

KUMBAYA MOMENT

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ANOTHER INTERESTING SESSION AT THE Governor’s Highway Safety Association brought together

proponents of the 24/7 monitoring program and advocates for ignition interlocks. This may not seem like much to you,

but the possibility was present for fireworks as the ignition interlock community has been perceived to be something less

than supportive of the 24/7 program.

The first speaker, Roland Lunderberg, the Senior Research Scientist at Mountain Plains Evaluation, LLC,

explained that the F.A.S.T. (Fixing Americas Surface Transportation) ACT authorizes States to receive federal funding

for 24/7 programs, if they are eligible. He explained that 24/7 began as a program designed by South Dakota Attorney

General Larry Long, who is now a Judge. Long was frustrated with repeat offenders. South Dakota residents consume

an average of one twelve pack per adult every week. Thirty-five percent of all arrests in the State are for DUI. 24/7

began as a project in one county in which 2nd and 3rd offenders on bond or probation report to take a PBT test twice a

day. Fifty-eight percent of offenders on the program are monitored by PBT’s, 16% by urinalysis testing for drugs, 16%

by transdermal monitoring, and some by drug patches or ignition interlocks. Ninety-nine percent of all PBT’s are

passed. However, 48% of all participants who fail a test, face immediate consequences and never fail again.

J.T. Griffin, Chief Government Affairs Director of MADD, indicated there are 329,000 interlocks in use in the

USA. The interlock is intended to separate drinking from driving. He reported that 1.77 million impaired driving

attempts had been thwarted by the instruments. That’s a lot of people attempting to drive impaired! Concerning the

24/7 program Griffin indicated in response to questions that MADD will be supportive of such programs in States that

have an ignition interlock law for first offenders. No blanket policy was announced, but he indicated he and MADD

were open to the idea.

THE POWER TO FIX THE PROBLEM IS IN OUR HANDS

Two speakers, NBA legend, Bill Walton and best selling author Jay Rifenbary, author of “No Excuse” see:

http://rifenbary.com/ brought tears to my eyes. Walton made me laugh and cry. The superstar has lived through 38

orthopedic surgeries and at one point lay on the floor with a collapsed spine, while thinking he would die. Walton had

tremendous memories from the game of basketball, but more from the pain of life. He declared he was Bill from San

Diego and I am glad to be alive. Walton is an avid biker and pled with the highway safety community to protect bicycle

riders. His bike, he said, was his gym, his church and his wheelchair.

Jay Rifenbary extolled leadership based on core values. Built on a solid

foundation of core values, self-responsibility, organizational

accountability, integrity and purpose, he teaches, validates and supports

the importance of key principles and skills, such as

self-control, personal respect, forgiveness,

passion and positive attitude, as they pertain to

one's personal and professional success. He used

personal stories from his days as a class clown

after his father died, when he was eleven years old.

He told of a young woman, decades later,

interviewing him and asking what he would tell his

father, if he had a chance to speak with him. Jay’s

response touched the heart of all of us who have

lost a dad. He said he would not tell him a thing,

but would ask him everything.

Bill Walton arose from the floor after his spine collapsed only with

help. Jay Rifenbary learned through crisis only with help. Our

highways will not get safer or better without lots of help. Will you help?

DUI News Page 9

TRAIN THE TRAINERS by Melissa Denny, ADA

During the last week of July, over twenty Tennessee prosecutors and a lone

doctor of optometry attended the Train the Trainer seminar in Gatlinburg,

Tennessee. Jared Olsen from the Idaho Prosecuting Attorneys Association,

who participated in updating the Train the Trainer curriculum in 2015, was

the lead instructor. Tom Kimball, Barry Williams, Retired District Attorney

Dan Alsobrooks, Kinga Gorzelewski of the Prosecuting Attorneys Associa-

tion of Michigan, and ADA Melissa Denny rounded out the instruction team.

The class focused on the learning conversation and the “Cycle of

Instruction”, addressing the learning environment, effective instruction

strategies, and appropriate feedback. At the end of the course, all of the

students and two of the instructors gave presentations, using the techniques they had learned during the course. Topics

included everything from “Shaking Hands” to “Working Out with Kettle Bells” to “Movements of the Eyes.” Based on

the feedback given to the presenters by other students, everyone gave insightful, fun presentations which exhibited a

working knowledge of the course topics. PEDESTRIAN/BYCYCLE CRASH INVESTIGATION

Congratulations to ten crash reconstruction investigator officers, who recently added to their expertise by completing the Pedestrian/

Bicyclist Crash Reconstruction course hosted by the Hendersonville Police Department & taught by Dale Farmer. Each of the ten

students scored a 100% on the final exam indicating significant knowledge gained from the pre-test. The students in this class were:

Trey Adcock, Manchester P.D.; Zachary Baggett and Jennifer Szczerbiak, Clarksville P.D.; Rafael Bello and Jami Murphy, Smyrna

P.D.; Nicholas Farris, Fort Campbell P.D.; Christopher Rapp, Hendersonville P.D.; Russell Ward, Nashville Metro P.D.; James

Yates, Cross Plains P.D.; and Joshua McDonald, National Parks Natchez Trace.

CRASH RECONSTRUCTION COURSE

Congratulations to twelve officers who completed the grueling two week Rhea County Crash Reconstruction Course conducted in

July by Buck Campbell and Dale Farmer. The students who completed this course should now qualify as experts to testify about:

derivation and origin of commonly used formulas, speed of vehicles at impact using conservation of linear momentum; behavior of

vehicles in a collision using Newton’s three laws of motion; the effect of weight shift in braking involving larger trucks and buses,

including tractor-trailer semi-trailer combinations; the effect of computer or anti-skid braking systems in stopping distances and

braking action and the determination of direction of travel, initial contact and position of vehicles on the roadway in addition to other

matters. The course included extensive project work and controlled vehicle experiments. Those officers who completed the Rhea

County were: Bradley Baker and Brandon Coffell, THP; Eric

Ewton, Dayton P.D.; Kyle Farley, Cookeville P.D.; Jeff Gadd,

Hamilton County S.D.; Travis Hill, Maryville P.D.; Aaron Lo-

den, Rhea County S.D.; Corey Loftis and Earl Pike, Bradley

County S.D.; Nicholas Sherrill, Crossville P.D.; Paul Springer,

McMinnville P.D. and Amanda Yeargan, Chattanooga P.D.

DUI News Page 10

VEHICULAR HOMICIDE

MURDERERS ROW

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Elgin Denard Horton Twenty Years for Drug Impaired Driver and Smuggler

Docket # 294084; Hamilton County Criminal Court, Division III

On September 27, 2014, three young men were lawfully stopped at a red light in downtown Chattanooga at around

3AM. As they sat at the intersection they heard a loud engine alerting them to the car speeding toward them from the

rear. Chattanooga Police Department later determined the car was traveling at over 80 mph. The driver hit the brakes

and skidded for 2 blocks before hitting the victims’ car at 64 mph. The 20-year-old young man in the back seat, Jordan

Guess, was killed. He had been wearing his seatbelt. His companions - the driver and front seat passenger - received

minor physical injuries but still suffer emotional trauma to this day. The driver of the car that hit them, Elgin Denard

Horton, had a BAC of .068 approximately 2 hours after the crash, and cocaine, 2 metabolites of cocaine, levamisole, and

lidocaine, an anesthetic, in his system. In the 20 years before this tragic crash, Mr. Horton acquired 54 misdemeanors

and 3 felony convictions - many drug related, some violent. He did have one prior DUI. The crash occurred while he

was on probation for a four year sentence for burglary. While in custody after the crash, he was found with

marijuana on his person. He pled guilty to possession of a controlled substance. A few months later he was found

smuggling into the workhouse a large cache of contraband including marijuana & cell phones. He was properly charged

with C-Felony Possession of Contraband in a Penal Institution. In April 2016, he pled open to all charges, but as a con-

dition of the plea, he pled as a Range I offender, instead of the Range II offender he was. At the sentencing hearing on

July 7, 2016, Judge Don Poole sentenced him to the maximum on the vehicular homicide (12 years), the maximum on

the reckless aggravated assault (4 years), and mid-range on the contraband charge (4 years). These three charges were

run consecutive to each other for a total of 20 years. All other charges were run concurrent.

State v. Steven Dare Steelman Jr. Facing the Consequences

Case number: 105752, Knox County Criminal Court, Division II.

In this next case for the Vehicular Homicide Murderers Row, we are going to shift gears just a tad by looking at a case

that just finished up in Knoxville, Tennessee. It is included here, despite the fact that it has not gone to sentencing yet,

for us all to appreciate the hard-work and efforts of the law enforcement personnel and the prosecutors who all labor

tirelessly to make the criminals who commit these crimes face the consequences of their actions. But there is also

another reason for its inclusion and that is to remind us all of the fact that sometimes the victims in these tragic cases are

the family members of the criminals themselves.

On September 14, 2016, Assistant District Attorneys for the 6th Judicial District in Knoxville, Tennessee, Joe

Welker and Greg Eshbaugh, made the defendant in this case, Steven Dare Steelman Jr., face the consequences of his

actions. They secured a very impressive guilty verdict from the jurors of Knox County, when Steven Steelman Jr. was

convicted of: Aggravated Vehicular Homicide, Vehicular Assault, Reckless Endangerment, Driving Under the

Influence, Third Offense, Driving on a Revoked License, and Failure to Provide Evidence of Financial Responsibility.

Fantastic job Joe Welker and Greg Eshbaugh!

After the verdict of guilt, Judge Steve Sword, who presided over the trial in the Knox County Criminal Court,

Division II, revoked his bond. Steelman will be awaiting sentencing, which is set for October 7, 2016, contemplating the

consequences of his actions in jail. The defendant faces between twenty-five to forty years for his crimes, because of a

lengthy and felonious criminal history.

The facts in this case are particularly sad, because it involves innocent children. On Sunday morning, the 23rd of

November, 2014, just around noon, the defendant was driving down West Beaver Creek Drive, when he lost control of

his vehicle, causing him to leave the road, where he slid into a utility pole and a tree, ending up, strangely enough, back

on the same roadway, facing the same direction of

DUI News Page 11

VEHICULAR HOMICIDE

MURDERERS ROW

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Facing the Consequences (continued)

travel that he was originally on. The only difference was that one of his two victims died as a result of

the injuries sustained in this single vehicle crash. The victims in this case were his ten year old son,

who died from the crash, and his nephew, who broke three vertebrae in his spine, because of the

actions of the defendant. His nephew testified that he would have permanent pain as a result of his in-

juries on that fateful Sunday in November.

Steelman was given field sobriety tests, which he failed, and admitted that he had drunk a half

quart of moonshine and smoked some marijuana the night before the crash. The results from a blood

draw substantiated his statements by revealing marijuana in his blood as well as a .144 BAC result.

The blood was taken nearly an hour and half after the crash that killed his son and seriously injured his nephew. The de-

fendant’s drivers’ license had been revoked at the time of the crash for prior DUIs. The defendant has a criminal

history that has numerous prior felonies and misdemeanors, some of which are for violent crimes. The prosecutors

expect to introduce enhancing factors at his sentencing hearing that will enhance his potential for receiving a very

substantial sentence. All of these factors will make sure that Steelman pays for the choices that he made that Sunday

morning. It is still, however, a choice that his nephew will have to pay for as well.

The defendant, Steven Dare Steelman Jr. has a great deal to consider while he awaits sentencing. But with the

efforts of law enforcement and the prosecutors involved, he will have to face the consequences of his actions.

Does Ridesharing Truly Impact Driver Safety? Written By: Arriale Tabson, Public Information Officer for the Tennessee Highway Safety Office

During the Governor Highway Safety Administration’s 2016 Annual Conference in Seattle, representatives from

the ridesharing companies Lyft and Uber hosted presentations and panel discussions during a session called

Ridesharing and the Safety Impacts. This session focused on the nationwide expansion of ridesharing, the public’s

growing interest in ridesharing companies like Lyft and Uber, and ways state government can partner with ridesharing

companies to promote driver safety. Although worthy arguments were made in advocacy of state government

partnerships with companies like Uber and Lyft, I believe it is in the state’s best interest not to promote favoritism of one

form of ridesharing versus the traditional use of taxis, pedi-cabs, and mass transit.

Doing so could potentially affect the marketplace and influence consumers in their choice of finding a sober ride home.

In recent years, Uber claimed its services helped reduce drunk driving due to the widespread popularity of its

ridesharing mobile application. In 2015, Uber released a report stating “ridesharing is having a significant impact across

America’s cities, providing people with smarter alternatives to getting behind the wheel if their plans include alcohol.”

However, in a 2016 empirical study published by Oxford University Press, research reflected no correlation between the

use of Uber’s services and traffic fatalities, particularly drunk-driving fatalities. Although ridesharing is a worthy

alternative to promote in enforcing driver safety messages, there does not seem to be significant evidence proving that

the popularity of ridesharing mobile applications reflects a change in driver behavior.

With this in mind, it is my opinion that state highway safety offices choosing to partner with ridesharing

companies should be wary of showing favoritism because there is no empirical evidence proving that one ridesharing

method is more significant or impactful than the others. In order to remain objective towards the marketplace, it has been

recommended for states to promote all forms of ridesharing (including taxis, pedi-cabs, mass transit, etc.) in DUI

enforcement messaging.

Sources: http://aje.oxfordjournals.org/content/184/3/192.full.pdf+html;

https://newsroom.uber.com/making-our-roads-safer-for-everyone-2/

DUI News Page 12

Remembering A Bright Spirit

Tennessee District Attorneys General Conference

226 Capitol Blvd. Bldg., Suite 800 Nashville, TN 37243-0890

Website: http://dui.tndagc.org

Blog: http://tnduiguy.blogspot.com

Tom Kimball (615) 253-6734

Sherri Harper 615) 253-6733

Tom Kimball and Family

Losing a child is a profound sorrow that no parent should ever experience, but this is the grief that our

dear friend, Tom Kimball, is experiencing right now. Tom’s daughter, Mary, suddenly passed away

from natural causes on Saturday, September 10, 2016.

No parent should witness the passing of their child, and there are no words that can ever erase the

anguish that Tom and his family are going through. Please remember Tom and his family during this

difficult and trying time, continuing to uplift them with our unwavering hope that time will heal all

wounds and even though the scars will remain, it is with a profound sense of hope that these will also

pass from them quickly. I am sure that you join with me in offering Tom and his family our

sincere condolences, prayers, and best wishes in their time of grief.

Mary served as a volunteer supervisor for Catholic Mission groups this summer in Texas, Oklahoma,

New Orleans, Belize and Harlan, Kentucky. She previously spent a year as an intern for Stand True, a

pro-life organization in Ohio. Through her efforts many children were saved from abortion. She loved

children and was a wonderful nanny and baby sitter for many families. She was truly a shining light

with a servants heart.