On Saturday 19 May 2018, approximately 1415 hours, I was dispatched to isle #3 and/or isle #4, of the parking lot, of Walmart Supercenter, 1225 North 12th Street, Middlesboro, Kentucky 40965, in response to a blue 2016 Subaru BRZ sports car, Tennessee registration: 3K39E9, Vehicle Identification Number: JF1ZCAC17G8602355, occupied by suspect, Mr. Cody D. Evans of Tazewell, Tennessee 27879, “passed out” at the wheel and “breathing slowly.” Ranger Shane Rogers, Badge #592, National Park Service, Department of Interior, 91 Bartlett Park Road, Middlesboro, responded to the call, along with myself. Dispatch also sent the Middlesboro Fire and Emergency Medical Services, 121 Lothbury Avenue, Middlesboro, due to the nature of the complaint possibly being a medical emergency.
Upon the arrival of Middlesboro Fire and EMS, Ranger Rogers, and myself, we observed exactly as previously stated by caller: suspect passed out at the wheel, within the driver’s seat, breathing slowly, with the front driver’s side door open, and the above motor vehicle not running. EMS made contact with the suspect; however, the suspect appeared disoriented, unable to answer EMS questions correctly. The suspect refused any type of medical treatment/evaluation; therefore, upon medical clearance by EMS, Officers made contact with the suspect.
Upon Officers’ contact with the suspect, he displayed slow low raspy speech, slow sluggish lethargic movements, and red bloodshot eyes, some of which are general indicators consistent with the recent use of some type of Narcotic Analgesic drug and/or Central Nervous System Depressant drug. I informed the suspect of the nature of the complaint and requested that I conduct a couple field sobriety tests prior to him departing the Walmart premises and operating a motor vehicle, of which the suspect complied. Field sobriety tests revealed the following:
Horizontal Gaze Nystagmus – None
Lack of Convergence – Present
Investigation revealed that the suspect possessed an outstanding arrest warrant for a previous Theft by Unlawful Taking or Disposition Shoplifting Under $500.00, misdemeanor charge; therefore, he was placed under arrest. Search incident to arrest/consent to search, did not reveal any drugs/drug paraphernalia located on his person; however, search incident to arrest/consent to search, of the above motor vehicle’s front driver’s side door panel, revealed x1 small clear plastic bag containing a clear crystal substance believed to be Crystal Methamphetamine, a controlled substance (Exhibit A); x0.25 tan tablet (marking(s) not visible) believed to be a controlled substance (Exhibit B); x1 small metal spoon containing a melted down tan substance believed to be a controlled substance (Exhibit C); x4 syringes/needles (empty); x1 green string (believed to be utilized as a tourniquet.
The suspect was read his Miranda Rights. The suspect was questioned about the drugs/drug paraphernalia; however, the suspect denied ownership of them. The suspect freely stated to the use of Suboxone (Buprenorphine), a controlled substance (Narcotic Analgesic); however, freely stated that he did not possess a prescription for the drug, which explained his impaired behavior/general indicators witnessed by Officers and EMS. The suspect also stated that we were mistaken on the outstanding warrant because he had never been charged and/or arrested in the state of Kentucky for any type of theft; however, investigation revealed that on Wednesday 02 February 2011, approximately 1934 hours, Patrolman/K9, Josh Burchett, of the Middlesboro Police Department, had arrested the suspect for a theft/shoplifting charge at Sears/Middlesboro Mall, 905 North 12th Street, Middlesboro.
The suspect was transported to the Middlesboro Police Department, 150 North 20th Street, Middlesboro, for standard booking procedures; then transported to the Bell County Detention Center, 214 Virginia Avenue, Pineville, Kentucky 40977, where he was lodged.
Exhibit A was submitted to the Kentucky State Police forensics lab for examination/identification; Exhibit B and Exhibit C was submitted to the Middlesboro Police Department evidence for safe keeping/evidence preservation. (***The Kentucky State Police lab will only accept one Exhibit for testing from a case, not multiple, preferably the Exhibit which holds the highest charge, due to a backlog of drug evidence/examinations received from police agencies across the state of Kentucky.***)