BAKERSFIELD, Calif. (KBAK/KBFX)
— A driver who was rear-ended by an off-duty Bakersfield police officer wants
tougher DUI charges filed in the case.
Officer Justin West was cited
after allegedly plowing into five parked cars. The man he first hit now says he
was hurt in the crash, and his attorney thinks felony charges should be filed
against West.
"I feel the pain in my
back, I feel pain and (I'm) sore," Arturo Jimenez told Eyewitness News on
Thursday. But, just after the crash late Monday night, Jimenez told officers he
was not hurt.
"At the moment, I just
felt a burning sensation in my back," Jimenez described. "I didn't
want to go to the hospital." The 32-year-old Jimenez says that's because
he doesn't have health insurance.
Investigators say West, 21, had
rear-ended Jimenez on Hageman Road, east of Jewetta Avenue. It was about 11
p.m. Officers say West lost control of his pickup at that point, and then hit
four, unoccupied parked vehicles, and rolled over, landing on a fifth parked car.
"When I ran out, he was
underneath the trunk of my car," neighbor Olwen West told Eyewitness News
the next morning. She's not related to Officer West, and said all the damaged
cars belong to her family. West is a nursing student, and she and a passing
nurse tried to make sure West was OK until paramedics got there.
Police say West suffered
moderate injuries and was taken to a local hospital where he was found to be
under the influence. Officers say he was cited there for misdemeanor DUI.
Jimenez had just dropped off
his girlfriend when he was hit, and she arrived soon after and took photos.
Some show the badly damaged Honda Accord. Jimenez says it's lucky no one was in
the back seat, it was demolished. He says officers told him the pickup was
going some 80 miles an hour.
"I saw head lights coming
fast, so I tried to avoid him," Jimenez says. He describes pulling to the
right, but says he still got hit, the car spun around and stopped.
When officers got there Jimenez
says he didn't feel too bad. But, his girlfriend eventually did take him to the
hospital. "I ended up going, because the pain got worse," Jimenez
says.
He says the doctor in the ER
didn't think there were any broken bones, but Rodriguez says Jimenez was given
pain medication and muscle relaxants. And, his attorney says the case should
now be a felony charge.
"Felony drunk driving
says, if you're driving under the influence and you cause bodily
injuries," Daniel Rodriguez insists. "Any bodily injuries." The
lawyer says they intend to contact the Kern County District Attorney's office
and let them know Jimenez was hurt.
Chief Deputy D.A. Mark Pafford
says this case hasn't come to them yet, and explains how DUI cases work.
"Generically, DUIs with
injury are what we call 'wobblers,' they can be filed as misdemeanor or
felonies," Pafford said. "And, we review any case like that on a case
by case basis."
Pafford also says this driver
should contact the investigating agency, which is the BPD.
On Thursday, Bakersfield Police
Sgt. Joe Grubbs said the misdemeanor charge was filed because officers on the
scene were told by Jimenez that he was not hurt. Asked about Officer West's
current status, Grubbs said he is not currently on any type of leave. Police
have reported West graduated from the police academy in December 2013.
Jimenez says when the crash
happened, he saw beer cans that apparently flew out of the pickup truck, and
also a gun. He says that landed on a nearby front yard.
West's brother had been
following him, according to neighbors, and they say it was quickly clear that
he is a policeman. And Jimenez' reaction to that?
"I was mad," he told
Eyewitness News. "because those people are supposed to (provide) an
example."
Rodriguez said they plan to
file a civil claim against West, saying they hope he has auto insurance. No
court dates have been set for the criminal case, but he and Jimenez want
stronger charges.
"I just want
justice," Jimenez said. "I want the person that caused the damage to
be treated equally, to have the same punishment as everybody else."
