Syndicated by: Montana News
The facts surrounding the arrest of Billings Police Officer Jeffery Owens Stovall who was arrested and detained by Yellowstone County Sheriff Deputy Daniel A. Wildin
The Initial 911 dispatch report came in at 0124 hours regarding an accident with injuries and determined by Deputy Wildin that the vehicle had not crashed and there were no injuries.
Here are the facts surrounding the arrest of Billings Police Officer Jeffery Ownes Stovall.
Notes are from Deputy Daniel A. Wildin:
"On 05/22/2020, approximately 0124 hours, I was dispatched to the area of 64th St. West and King Ave West for a report of an accident with injuries.
The Complainant had reported a black Dodge Pickup truck had driven into an irrigation ditch, and there was a male driver passed out behind the wheel.
Upon arrival, I observed a black Dodge pickup, with Montana License plates BRW436, parked facing south, on the West side of 64th Street West, just south of the intersection with King Ave West.
The vehicle appeared as it had driven off the side of the road; there was no damage to the vehicle. The passenger side wheels were on the edge of an irrigation ditch; the vehicle was canted at a significant angle. I approached the truck and made contact with the male driver.
Upon making contact with the male driver, I first asked if he had sustained any injuries; he stated he had not. I did not observe any injuries to the man. I was able to observe the man's eyes were bloodshot and glossy immediately; I was able to detect the strong odor of an alcoholic beverage on his breath and person.
I asked the man why he parked along the road. He replied, " I just got pulled over." The driver's side window was rolled halfway down; I asked him to roll it down all the way. The man attempted to roll down the window but appeared as though he could not figure out how.
I opened the driver's side door; the man provided his driver's license and stated his name was "Jeffery." The man's Montana driver's license identified him as Jeffrey Owens Stovall. I asked Stovall if he had drunk any alcohol recently; he stated, "very little."
At that time, Medical had arrived on the scene; they checked Stovall for injuries. Cpl Gibbs arrived as a cover at that time. When Medical was speaking with Stovall, they asked him why he parked on the side of the road. He replied something to the effect of "they pulled me over," he then stated, "it is pretty usual; I am a Police Officer." At that time, I called Sgt. Gary Burke and advised him the suspect was an off duty BPD Officer.
After medical determined Stovall did not have any injuries, I advised him I would be conducting a DUI investigation. I asked Stovall to step out of his vehicle; he complied. I patted Stovall for weapons and confirmed he did not have anything in his mouth. I asked Stovall if he would participate in Standard Field Sobriety Tests; he agreed.
I put Stovall in the starting position for the Horizontal Gaze Nystagmus Test (HGN). I gave him instructions for the Test, and then he began. I could see that at rest, his pupils were equal in size and had no resting nystagmus. I observed equal tracking in both eyes. I observed a lack of smooth pursuit, distinct and sustained Nystagmus at maximum deviation, and Nystagmus's onset before 45 degrees in both eyes.
I observed 6 out of 6 clues, and there was a VGN present. While having Stovall perform this Test, I could smell the strong odor of an alcoholic beverage on his breath and person.
I also observed during the HGN test, Stovall continuously swayed from side to side.
I then had Stovall perform the Walk and Turn Test. I placed him in the starting position for the Walk and Turn Test and instructed him to stay in that position until I told him to do differently. I then explained and demonstrated a portion of the Test. I finished the instruction phase and instructed him to begin.
During the Walk and Turn; I notice he missed heel to toe greater than 1/2 inch and raised his arms higher than six inches. I observed 2 out of 8 clues.
I then had Stovall perform the ONle Leg Stand Test (OLS). I explained the OLS test and demonstrated a portion of the Test for him. During the Test, I noticed he swayed and raised his arms. I observed 2 out of 4 clues on the OLS.
I read Stovall the Preliminary Alcohol Screen Tes 9PSAT) advisory; he refused to provide a breath sample.
Based on the driving behavior witnessed by the Complainant, his physical condition, and the results of the SFSTs' I arrested Stovall for DUI.
He was placed in properly, fit, and double-locked handcuffs and placed in the back seat of my patrol car. With Stovall's permission, I retrieved his keys from the ignition of his truck and locked the doors. The vehicle was parked off the roadway and was not an immediate hazard; Stovall's truck was secured and left on scene.
Stovall was transported without incident to the YCDF; Cpl Gibbs remained on scene and obtained a recorded statement from the Complainant. Once inside the DUI center, I started the audio/video recorder and took him out of handcuffs. I read Stovall the Implied Consent Form; he refused to provide a breath sample. A Montana DOJ Alcohol Testing Refusal Certification form was completed. I seized Stovall's Montana Driver's license; he was issued a 5-day temporary driving permit. Stovall's license was later turned in to the YCSO Secretary.
I then administered all three-field sobriety tests to Stovall, starting with the HGN test. I put him in the starting position for the HGN test. I gave him the instructions for the Test, and he began. I could see that at rest, his pupils were equal and had not rested Nystagmus. I observed equal tracking in both eyes.
I observed a lack of smooth pursuit, distinct and sustained Nystagmus at maximum deviation, and the Onset of Nystagmus before 45 degrees in both eyes. I observed 6 out of 6 clues, and there was a VGN present. It should be-noted, Stovall stated his Doctor had diagnosed him with "Naturally occurring Nystagmus."
I then had Stovall perform the Walk and Turn Test. I placed him in the starting position for the Walk and Turn Test and instructed him to stay in that position until I told him to do differently. I then explained and demonstrated a portion of the Test. I finished the instruction phase and instructed him to begin. During the Walk and Turn, I notice he missed heel to toe greater than 1/2 inch, raised his arms higher than six inches, and stopped walking. I observed 3 out of 8 clues.
I then had Stovall perform the One Leg Stand Test (OLS). I explained the OLS test and demonstrated a portion of the Test for him. During the Test, I observed 0 out of 4 clues.
I then read Stovall his Miranda Warning. Stovall stated he understood his rights, though he refused to answer any further questions from me.
Stovall was issued an NTA (CO3A89569), charging him with DUI-Alcohol (1st Offense).
The audio/video recording was stopped at that time. The DVD copy was later tagged as evidence and place in the green box at YCSO.
I provided Stovall a courtesy ride to his residence. This was captured on the Watchguard and will be uploaded to the Sheriff's Office server."