People v. Amos
| Decision Date | 05 January 2015 |
| Docket Number | No. 13050161.,13050161. |
| Citation | 9 N.Y.S.3d 594 (Table) |
| Parties | PEOPLE of the State of New York v. Bryan K. AMOS, Defendant. |
| Court | New York Justice Court |
Roman A. Misula, Esq., Assistant District Attorney Michael D. Flowerday, Esq., of Counsel to Stephen M. Leonardo, Esq., Attorney for Defendant.
The defendant was charged with common law driving while intoxicated, VTL § 1192(3), aggravated driving while intoxicated, VTL 1192(2–a)(a), leaving the scene of a personal injury accident, VTL 600(2)(a), leaving the scene of a property damage accident, VTL § 600(1)(a), failure to keep right, VTL § 1120(a), and following too closely, VTL § 1129(a). Subsequently, a Prosecutor's information, dated September 3, 2013, was filed with the court, charging the defendant with aggravated driving while intoxicated, VTL § 1192(2–a)(a) and operating a motor vehicle while impaired by the combined influence of drugs and alcohol, VTL § 1192(4–a). Said prosecutor's information alleges a blood alcohol count, of .33% and the presence of the drug of diazepam in the defendant's blood, based on a toxicology report. Probable cause, Huntley and Payton hearings were conducted on August 15, 2014 and were continued on September 26, 2014. The People presented Officer Douglas Rose, Officer Bryan Cayward, Sergeant Carl Adriaansen and Registered Nurse Lynette Engright to testify at the hearings. The defense presented one witness, Ruby Grace Gropp.
The People's first witness was Officer Douglas Rose of the Webster Police Department. He testified to receiving a dispatch at approximately 1:44 P.M. regarding an accident at 150–160 East Main Street in the Village of Webster. When he arrived at the scene he observed a vehicle heading westbound with rear end damage and automobile parts in the roadway. The driver of said vehicle advised the officer that he was hit from behind by a black vehicle license plate number AYK 5718, that then drove away from the scene. The driver complained of back pain but refused any medical attention. Upon obtaining the address of the registered owner he drove to 1110 Rousseau Drive in the Town of Webster, where he found a 2013 black Nissan license plate number AYK 5718 with extensive front end damage. He testified that while at 1110 Rouseau Drive nobody entered said apartment. He also stated that he briefly spoke to the defendant at the Rochester General Hospital Emergency Room.
The next witness was Officer Bryan Cayward of the Webster Police Department. He testified that on May 13, 2013 at approximately 1:34 P.M. He was dispatched to an alleged hit an run accident on West Main Street in the Village of Webster. He was advised that the vehicle in question was a black Nissan with license plate AYK 5718. Reportedly, the vehicle was headed westbound out of the Village and into the Town of Webster on Ridge Road. The officer was advised that the vehicle was registered to a Ruby G. Gropp of 1110 Rousseau Drive, Webster New York. Officer Cayward never arrived at the scene of that accident. While on the way to the scene of that accident he came upon the intersection of Ridge Road and Webster Commons Boulevard. At that location the officer observed what appeared to him as the remnants of another motor vehicle accident. He was advised at the scene by various individuals that the suspect vehicle turned onto Webster Commons Boulevard. Individuals at the scene provided him with the license plate number of the car involved in that incident, which was AYK 5718. Armed with the license plate number the officer was able to determine that the car was registered to an owner located at 1110 Rousseau Drive, Webster New York. Whereupon he proceeded to that address. The officer then located the said unoccupied vehicle parked in in front of the said residence. Officer Cayward observed damage to the front of said car, which indicated to him the vehicle had been in an accident. The officer knocked on the locked door of 1110 Rousseau Drive but no one answered. By this time other Webster Police Officers arrived at the scene. Officer Cayward obtained the cell phone number of Ruby G. Gropp, the owner of the vehicle from Lt Rieger of the Webster Police. He then phoned that individual who was at work at a car dealership in the Town of Webster. The officer informed Ms. Gropp that her vehicle was in a motor vehicle accident and that it was parked outside her apartment. He was advised by Ms. Gropp that the defendant was driving her vehicle. Officer Cayward testified that in answer to a question Ms. Gropp told the officer that the defendant was a diabetic. The officer then testified that he asked Ms. Groop if it was possible that Mr. Amos needed medical assistance. She reportedly responded “maybe”. He then testified to asking if the defendant had a drinking problem. To that question the officer stated that Ms. Gropp said “no”. He indicated that Ms. Gropp advised him that 1110 Rousseau Drive was her apartment, but that the Bryan Amos lived there as well. The officer requested that Ms. Groop leave work and come to her apartment. She agreed to do so and arrived at about 2:46 P.M. Officer Cayward testified that he asked if he would be able to accompany her into the residence. To which she allegedly agreed both over the phone and upon arriving at her apartment. Upon arriving Ms. Gropp opened the garage door with her automatic door opener. She then used her key to open the door leading from the garage into her apartment. She was followed into the residence by Officer Cayward, Officer Sotir, Sargent Adriaansen and the emergency medical personnel who had been summoned to the scene. The defendant was located asleep and snoring in one of the bedrooms. The officers and medical personnel woke up the defendant and began to question him. But the defendant could not be understood by Officer Cayward. He was asked to get out of bed, which he did. However, in so doing the defendant appeared to sway and stagger. Officer Cayward described him as having blood shot watery eyes and emitting a strong odor of alcoholic beverage. He then fell over hitting his head on the night stand causing a three to four inch laceration to the back of his head. The defendant was eventually transported Rochester General Hospital by ambulance for treatment. At the hospital the defendant reportedly told Officer Cayward that “I was drinking and driving”. Officer Cayward further testified that the defendant admitted to have been drinking straight vodka. The officer asked the defendant if he had been in a motor vehicle accident to which the defendant admitted to hitting one car and that he left the scene because he had been drinking and driving. Upon further questioning the defendant advised the officer that he was a diabetic, but did not take insulin. Instead he took “one pill per day”. He also told the officer that he took Valium. The officer stated that at 15:41 hours he arrested the defendant for driving while intoxicated. When asked by the assistant district attorney if the defendant consented to a blood draw, the officer stated “implied consent”. The defendant asked the officer what was next. The officer advised the defendant that a blood test was next. The officer testified that the defendant did not object to that blood draw. Upon cross examination Officer Cayward said he did not specifically ask the defendant to consent to a blood draw, but that the defendant just responded “okay” upon being advised that the blood draw was in fact next. Defense counsel asked the officer what he saw at 1110 Rousseau Drive. Officer Cayward said he found a 2013 Nissan Ultima with license plate number NYK 5718, which matched the vehicle for which he was looking. He testified to telling Ms. Gropp that it may be necessary to force the door to the apartment if she did not return to the apartment. However Ms. Gropp arrived at the apartment within twenty to twenty-five minutes. She reportedly said nothing upon arriving but simply opened the garage door and the door to the apartment, whereupon the officers and emergency medical personnel followed her into her residence.
The next witness was Lynnette Enright, R.N. who was responsible for taking a blood draw from the defendant in the Rochester General Hospital Emergency Room. The nurse testified to having a conversation with the defendant. He told her that he had been under a great deal of stress as the result of a divorce. He told her he had been drinking all day. Ms. Enright told the defendant that the doctors would be suturing his head laceration. She also told the defendant that she was going to take two blood draws from him, to wit: one for the police and one for Rochester General Hospital. Nurse Enright further advised the defendant that he could not be released from the hospital until his blood alcohol level was below .08% and that he would be getting breath tests until that blood alcohol level was reached. There was no indication that the defendant did not understand what she told him. The nurse did take the two blood draws as described. However, before obtaining those draws the defendant signed a hospital consent form, which was also signed by the nurse and Officer Cayward. That consent form was entered into evidence as People's Exhibit 4. Prior to his signing the consent form she told the defendant that the purpose of the first blood draw was for the police to determine the level of alcohol in his system. She testified the defendant understood the purpose of the said legal blood draw. On cross examination the nurse advised defense counsel that she had been told that the defendant had been mental hygiene arrested for telling the officers that he did not want to live.
The last witness to testify for the People was Sargent Carl Adriaasen of the Webster Police Department.He responded to 1110 Rousseau Drive, where Officer Cayward was already located, to deal with the motor vehicle...
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