INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT FOR PUBLIC RELEASE CASE REPORT: 10-0161314 - 0000 INCIDENT: 690 DWI ARREST LOCATION: 7135 E EDGEWOOD AV GEO ZONE: 370084 AREA: MSE BEAT: SE43 OCCURRED: 11/02/2010 19:45 TO 11/02/2010 21:36 REPORTED: 11/02/2010 AT 21:36 ARRESTS: 1 INJURED: 0 DEAD: 0 VEHICLE TOWED: 0 PERSON: 1 PERSON INVOLVEMENT: OFF POLICE OFFICER PERSON NAME: KING,M RACE: SEX: DATE OF BIRTH: AGE: PERSON: 2 PERSON INVOLVEMENT: OFF POLICE OFFICER PERSON NAME: HENDRICKS,B RACE: SEX: DATE OF BIRTH: AGE: PERSON: 3 PERSON INVOLVEMENT: PRI PERSON INVOLVED PERSON NAME: SMITH,SARAH RACE: SEX: DATE OF BIRTH: AGE: ADDRESS: 1001 W 10TH ST WISHARD HOSPITAL PERSON: 4 PERSON INVOLVEMENT: ARR ARRESTED PERSON NAME: DINSMORE,DAVID RACE: W WHITE SEX: M MALE DATE OF BIRTH: 11/28/1964 AGE: 45 ID NUMBER: 8900164934 ADDRESS: 5839 NEWHALL DR CITY, STATE, ZIP: 46239 DATE OF ARREST: 11/02/2010 ARREST LOCATION: 7135 E EDGEWOOD AV, CONNECT WITH VEHICLE: NO.1 CHARGE: 0009-0030-0005-0002 OPERAT.VEH.WHILE INTOX./MA 5404 PERSON: 5 PERSON INVOLVEMENT: WIT WITNESS PERSON NAME: KNOWN
VEHICLE: 1 VEHICLE INVOLVEMENT: VIC VICTIM VEHICLE TYPE: P SNOWMOBILE VEHICLE YEAR: 2009 MAKE:FORD MODEL:CRO COLOR:WHITE STYLE:4D VIN: 2FAHP71V79X144103 LICENSE NO: 14157 STATE:IN YEAR:2011 PROPERTY: 1 PROPERTY INVOLVEMENT: EVD EVIDENCE PROPERTY TYPE: ARTICLE CATEGORY: S MISCELLANEOUS ARTICLE: BLOOD NUMBER OF PIECES: 2 PROPERTY DESCRIPTION: 2 GRAY TOPPED TUBES OF BLOOD FRM DAVID DINSMORE PROPERTY: 2 PROPERTY INVOLVEMENT: EVD EVIDENCE PROPERTY TYPE: DRUG PROPERTY DESCRIPTION: HSE W/ORANGE PILL BOTTLE W/57 OXYCOTIN PILLS NUMBER OF ITEMS: 57.000 NARRATIVE: ON 11-2-10, AT APPROXIMATELY 744 PM., OFFICER DINSMORE, WHO WAS OFF-DUTY, DRIVING HIS FULLY MARKED POLICE VEHICLE, RADIOED TO CONTROL THAT HE HAD JUST BEEN INVOLVED IN A PROPERTY DAMAGE ACCIDENT INVOLVING HIS MARKED POLICE VEHICLE, AND A MAIL BOX, IN THE AREA OF 7135 E. EDGEWOOD AVENUE..OFFICER KING, ID NUMBER K4221 AND SGT HENDRICKS, ID NUMBER H3476, RESPONDED TO THE SCENE. OFFICER KING NOTICED WHEN SHE ARRIVED ON THE SCENE THAT MR DINSMORE WAS ASLEEP IN HIS POLICE VEHICLE, PARKED ON THE SIDE OF THE ROAD. MR DINSMORE STATED TO OFFICER KING THAT HE WAS DRIVING EASTBOUND ON EDGEWOOD AVENUE, WHEN A DUMP TRUCK WAS COMING WESTBOUND ON EDGEWOOD AVENUE. HE HAD TO MOVE OVER TO THE RIGHT OF HIS LANE AND LEFT THE ROADWAY AND HIT A MAIL BOX, WITH THE PASSENGER SIDE OF HIS VEHICLE, CAUSING SCRAPES ON THE HOOD, KNOCKING OFF THE PASSENGER MIRROR AND SCRAPES ALL THE WAY DOWN THE FULL LENGTH OF THE PASSENGER SIDE OF THE VEHICLE. WHEN SGT HENDRICKS ARRIVED ON THE SCENE, HE TALKED TO MR DINSMORE ABOUT WHAT HAD HAPPENED AND NOTICED THAT HIS PUPILS WERE CONSTRICTED. SGT HENDRICKS OFFERED A PBT, WHICH INDICATED ALL ZEROS. SGT HENDRICKS ALSO NOTICED THAT MR DINSMORE' SPEECH WAS SLOW AND SLURRED. AT THAT POINT, SGT HENDRICKS CONTACTED MYSELF, OFFICER FERGUSON, ID NUMBER 21158, AND ASKED IF I COULD RESPOND TO THE SCENE TO ASSIST WITH THE CRASH INVESTIGATION, DUE TO THE FACT OF
ME BEING ON THE DUI TASK FORCE UNIT. WHEN I ARRIVED ON THE SCENE, SGT HENDRICKS STATED TO ME THAT MR DINSMORE WAS IN A PD ACCIDENT AND HE PBT'D ALL ZEROS AND HE BELIEVES THAT MR DINSMORE COULD POSSIBLY BE IMPAIRED. SGT HENDRICKS ALSO STATED THAT HE HAD BEEN TOLD FROM CONTROL, THAT A PERSON CALLED 911 ABOUT A POSSIBLE IMPAIRED DRIVER IN A FULLY MARKED POLICE VEHICLE WITH A LICENSE PLATE NUMBER OF 14157. THAT IS THE SAME LICENSE PLATE NUMBER OF MR DINSMORE' POLICE VEHICLE. I LATER CONFIRMED THAT THE 911 CALLS, THROUGH CONTROL AND THEY WERE RECORDED. I THEN CAME IN CONTACT WITH MR DINSMORE, AS HE WAS LEANING AGAINST THE TRUNK OF HIS POLICE VEHICLE. I FIRST NOTICED THAT HE HAD CONSTRICTED PUPILS AND DROOPY EYES. I THEN LOOKED AT BOTH OFFICER KING AND SGT HENDRICKS EYES AND NOTICED THAT THEIR PUPILS WERE NOT CONSTRICTED. IT SHOULD BE NOTED THAT AT THIS POINT, IT WAS COMPLETELY DARK OUTSIDE, AND HIS PUPILS SHOULD NOT HAVE BEEN CONSTRICTIVE. I ASKED IF HE WAS ON ANY MEDICATION. HE STATED YES, AND STATED TO ME THAT HE HAD JUST WENT TO THE DOCTOR EARLIER THAT DAY AROUND 530 PM., AND WAS WRITTEN A PRESCRIPTION FOR 60 OXYCOTIN PILLS. I ASKED HIM HOW MANY HE HAD TAKEN. HE STATED ONE. I THEN NOTICED, AN ODD BULGE IN THE GROIN AREA OF MR DINSMORE' PANTS AND ASKED HIM IF THAT WAS A PILL BOTTLE, BECAUSE I NOTICED THAT THE BULGE WAS SIMILAR AND CONSISTENT WITH THE SHAPE OF A PILL BOTTLE. MR DINSMORE STATED YES. THE THEN HAD TO UNTUCK HIS SHIRT AND THEN PULLED OUT AN ORANGE PILL BOTTLE THAT HE HAD GOTTEN FILLED EARLIER THAT DAY, HE STATED AROUND 600 PM..THE PILL BOTTLE WAS FILLED WITH 60 OXYCOTIN PILLS FOR MR DINSMORE. SGT HENDRICKS THEN TOOK POSSESSION OF THE PILL BOTTLE AND COUNTED THE PILLS AND INFORMED ME THAT THERE WAS ONLY 55 PILLS IN THE PILL CONTAINER. AT THAT POINT, MR DINSMORE THEN REACHED INTO HIS RIGHT FRONT JACKET POCKET, AND PULLED OUT TWO OXYCOTIN PILLS AND THEY WERE ADDED TO THE PILL BOTTLE TO MAKE A TOTAL OF 57 PILLS. I THEN ASKED HOW MANY PILLS THAT HE HAD TAKEN TODAY. MR DINSMORE THEN STATED THAT HE TOOK TWO PILLS. I ASKED WHERE THE OTHER PILLS WERE. HE THEN STATED TO ME, AFTER GETTING THE PRESCRIPTION FILLED, HE WENT TO HIS HOUSE TO LET HIS DOG OUT, AND HE PUT SOME OF THE OXYCOTIN PILLS IN HIS WEEKLY PILL CONTAINER AT HIS HOME. I ASKED HOW MANY PILLS HE DROPPED OFF AT HIS HOUSE IN HIS PILL CONTAINER. HE STATED AROUND 3-5 PILLS. HE STATED HE THEN LEFT HIS RESIDENCE TO GO TO SAMS CLUB AND WHILE ENROUTE, HE REALIZED HE FORGOT TO LET HIS DOG IN THE HOUSE, AND THAT'S WHEN HE TURNED AROUND AND HEADED BACK TO HIS RESIDENCE. AND THEN STATED, THAT WHILE BACK TO HIS RESIDENCE, HE WAS TYPING ON HIS LAPTOP COMPUTER IN HIS POLICE VEHICLE, WHEN HE VEERED OFF THE ROADWAY TO THE RIGHT AND STRUCK A MAIL BOX. I THEN ASKED HIM IF HE WOULD DO SOME STANDARD FIELD SOBRIETY TESTS. HE STATED YES. WE THEN WALKED APPROXIMATELY 75' TO THE SOUTH OF WHERE HIS
VEHICLE WAS PARKED ON THE SIDE OF THE ROAD TO A SIDEWALK THAT WAS LOCATED THERE. ONCE ON THE SIDEWALK, THE FIRST TEST I ADMINISTERED WAS THE HORIZONTAL GAZE NYSTAGMUS. I ASKED HIM IF HE HAD ANY PROBLEMS WITH HIS EYES. HE STATED NO. THE FIRST THING I NOTICED THAT BOTH OF HIS EYES WERE, IN FACT, HIS PUPILS WERE CONSTRICTED AND HIS EYELIDS WERE DROOPY. AS I WAS PERFORMING THE HORIZONTAL GAZE NYSTAGMUS TEST, HIS EYES WERE SLOW TO RESPOND TO TRACKING. I THEN ASKED HIM IF HE HAD ANY PROBLEMS WITH HIS BACK, LEGS, FEET OR KNEES TO PREVENT HIM FROM DOING STANDING OR WALKING TESTS. HE THEN INFORMED ME THAT HE HAS HAD SEVERAL BACK SURGERIES AND, IN FACT HAD HIS LOWER BACK FUSED TOGETHER. I ASKED HIM IF THAT WOULD CAUSE HIM ANY PROBLEMS WITH THE STANDING OR WALKING TEST. HE STATED NO. THE NEXT TEST I ADMINISTERED, WAS THE ONE LEG STAND TEST. I HAD MR DINSMORE STAND IN A PERFECT POSITION, PTR, ARMS DOWN TO SIDE, AS I EXPLAINED THE TEST TO HIM. AFTER EXPLAINING THE TEST TO HIM, I ASKED HIM IF HE HAD ANY QUESTIONS. HE STATED NO. I THEN HAD HIM BEGIN THE TEST. HE LIFTED HIS LEFT FOOT OFF THE GROUND APPROXIMATELY 6" AND HE DROPPED HIS FOOT ON COUNT 3, 7, 11, 13 AND 14. AND ON COUNT 14, HE STUMBLED OUT OF POSITION TO THE LEFT. ONCE HE DROPPED HIS FOOT ON 14, AND BEGAN TO STUMBLE, A SECOND TIME, I THEN STOPPED THE TEST. WE THEN PROCEEDED BACK TO MR DINSMORE' VEHICLE ON THE SIDE OF THE ROADWAY TO PERFORM THE NINE STEP WALK AND TURN. AT THAT POINT, ANOTHER POLICE VEHICLE HAD ARRIVED ON THE SCENE AND ASSISTED WITH STOPPING TRAFFIC. ON THE ROADWAY, WAS MADE OF ASPHALT AND WAS STRAIGHT AND LEVEL AND THERE WERE TWO WHITE LINES LOCATED ON THE SOUTH SIDE OF THE ROAD. THE WHITE LINE THAT WE USED, WAS THE SMALLER STRAIGHT WHITE LINE ON THE SOUTH SIDE OF THE ROADWAY. I WAS FREE AND CLEAR OF ALL DEBRIS. THE OTHER WHITE LINE, WHICH WAS WIDER, WHICH WAS LOCATED AT THE EDGE OF THE ROADWAY, WAS NOT FREE AND CLEAR OF DEBRIS, HAD SMALL ROCKS ON IT. I THEN, WITH MY POLICE VEHICLE, AND TURNED ON MY VEHICLE AND TURNED ON MY SPOTLIGHT TO ILLUMINATE THE ROADWAY WHERE IT IS EASY TO SEE THE WHITE LINE ON THE ROADWAY. I HAD MR DINSMORE STAND IN THE APPROPRIATE POSITION WITH HIS LEFT FRONT ON THE LINE AND RIGHT FOOT DIRECTLY IN FRONT OF IT, TOUCHING HEEL TO TOE. MR DINSMORE COULD NOT STAND IN THAT APPROPRIATE POSITION, HE HAD TO PLACE HIS RIGHT FOOT AT AND ANGLE AND FAILED TO TOUCH THE HEEL OF HIS RIGHT FOOT TO THE TOE OF HIS LEFT. I THEN EXPLAINED AND DEMONSTRATED THE TEST TO MR DINSMORE. I ASKED HIM IF HE HAD ANY QUESTIONS. HE STATED NO. I THEN HAD MR DINSMORE BEGIN THE TEST. AS MR DINSMORE BEGAN THE TEST, HE STEPPED OFF LINE ON STEPS 2, 4, 6 7 AND 9, AND FAILED TO TOUCH HEEL TO TOE ON STEPS 3 AND 5, ON HIS FIRST NINE STEPS. HE ALSO FAILED TO TURN BY PICKING UP BOTH FEET. AND ON THE NEXT NINE STEPS BACK, HE FAILED TO TOUCH HEEL TO TOE ON STEPS 1, 2, 3 AND 5, AND
STEPPED OFF LINE ON 1,2,3, AND 5. HE STUMBLED OFF LINE ON STEP 3 AND STOPPED THE TEST ON STEP 5, LOOKED AT ME AND STATED "WAS I SUPPOSED TO GO 9 OR 5 STEP"?. ONCE THE COMPLETION OF THE NINE STEP WALK AND TURN, I THEN READ MR DINSMORE THE INDIANA IMPLIED CONSENT LAW AND HE AGREED TO SUBMIT TO A VOLUNTARY BLOOD DRAW. I THEN TRANSPORTED MR DINSMORE TO WISHARD HOSPITAL, WHERE NURSE SARAH SMITH, DID THE BLOOD DRAW. I HAD MR DINSMORE SIGN OFF ON THE BLOOD DRAW SHE LOCATED AT WISHARD HOSPITAL, AND I OBSERVED, AS NURSE SMITH CLEANED MR DINSMORE' LEFT ELBOW PIT AREA WITH A BETADINE PAD AND OBSERVED THAT SHE DREW TWO GRAY TOPPED TUBES OF BLOOD. THE BLOOD WAS DRAWN AT 936 PM.. ONCE THE BLOOD WAS DRAWN, NURSE SMITH PLACED BOTH TUBES OF BLOOD IN MY POSSESSION. WHERE I LABELED THEM WITH MR DINSMORE' NAME, DOB, MY NAME, ID, THE CASE NUMBER, THE DATE AND TIME OF THE BLOOD DRAW, AND THE NURSES INITIALS. ONCE THE TWO GRAY TOPPED TUBES OF BLOOD WERE LABELED, I PLACED THEM BACK IN A BLUE BIOHAZARD BAG AND PLACED THEM IN MY RIGHT FRONT POCKET OF MY UNIFORM SHIRT. DUE TO THE FACT THAT I AM NOT A CERTIFIED DRE OFFICER, OFFICER SMITH, ID S8452, WHO IS A CERTIFIED DRE OFFICER, ASSISTED ME WITH THE DRE INTERVIEW. OFFICER SMITH FIRST READ MR DINSMORE HIS RIGHTS AT 1000 PM., AND HE STATED HE UNDERSTOOD THEM. OFFICER SMITH ASKED MR DINSMORE SEVERAL QUESTIONS AND MR DINSMORE STATED HE WENT TO THE DOCTOR EARLIER TODAY, AT 530 PM., WHERE HE RECEIVED A PRESCRIPTION FOR OXYCOTIN IN THE AMOUNT OF 60 PILLS. HE STATED THAT HE TOOK ONE PILL RIGHT AWAY, AND DID NOT REMEMBER IF HE TOOK ANOTHER PILL OR NOT. HE ALSO STATED HE MIGHT OF TAKEN A COLODIPAN ALSO TODAY, BUT DOES NOT REMEMBER THE NAME OF THE PILL THAT HE HAD TAKEN. HE STATED THAT HE TAKES SEVERAL PILLS FOR BLOOD PRESSURE. HE STATED HE HAD BEEN TAKING OXYCOTIN PILLS FOR 4-5 YEARS FOR SEVERE BACK PAIN. WHEN OFFICER SMITH ASKED WHY HE HAD THE PILL BOTTLE IN FRONT OF HIS PANTS, MR DINSMORE STATED "I DON'T KNOW WHY". OFFICER SMITH NOTICED THAT MR DINSMORE' PUPILS WERE CONSTRICTED AND HE HAD DROOPY EYE LIDS. HIS SPEECH WAS SLOW AND SLURRED AND AT TIMES, HE SEEMED TO BE CONFUSED ABOUT QUESTIONS THAT WERE ASKED OF HIM. I SHOULD ALSO BE NOTED THAT WHILE I WAS TRANSPORTING MR DINSMORE TO WISHARD HOSPITAL, MR DINSMORE' EYELIDS WERE CLOSED, SEVERAL TIMES, AND HE HEAD BEGAN TO BEND DOWN, AS MR DINSMORE WAS HOLDING A CONVERSATION WITH ME IN MY VEHICLE. HE WAS HAVING TROUBLE KEEPING HIS EYELIDS OPEN. IT WAS OUR OPINION THAT MR DINSMORE WAS IMPAIRED TO A LEVEL THAT HE COULD NOT OPERATE A VEHICLE IN A SAFE MANNER. MR DINSMORE WAS PLACED UNDER ARREST FOR OVWI, AM, AND I TRANSPORTED HIM TO THE APC FOR PROCESSING. I THEN WENT TO THE IMPD PROPERTY ROOM, WHERE I DROPPED OFF AN EVIDENCE, TWO GRAY TOPPED TUBES OF BLOOD, AS EVIDENCE, ONE FOR ETOCH TESTING AND ONE FOR DRUG ANALYSIS. I ALSO PLACED AN EVIDENCE, THE ORANGE PILL BOTTLE CONTAINING 57
OXYCOTIN PILLS THAT WERE SEALED IN A HSE AND PLACED IN THE IMPD NARCOTICS DROP BOX, AS EVIDENCE. OFFICER KING, ID NUMBER K4221, IS DOING A CRASH REPORT ON THIS INCIDENT AND PHOTOGRAPHS WERE ALSO TAKEN ON MEDIA CARD 809A, BY OFFICER KING. MR DINSMORE' POLICE VEHICLE, POSSESSION OF VEHICLE WAS TAKEN OVER BY THE POLICE DEPT. ALL EVENTS OCCURRED IN MARION COUNTY, STATE OF INDIANA. OFFICER: 21158 FERGUSON,ROBERT P IMPD OFFICER: S8452 SMITH,CHRISTOPHER J IMPD OFFICER: KING,M OFFICER: HENDRICKS,B OPERATOR: 11/03/2010 06:44 27321D TANNER,ROSE DP