In one of the incidents, which
took place on August 2, 2014 Davis brought a woman to the Wake Forest Police
Department for testing after he stopped her on suspicion of DWI. Without
allowing her the full 30 minutes to contact a witness, Davis recorded that she
hadn’t requested one. When the woman asked questions about the test, the deputy
simply claimed she had refused to take it — and filed that refusal with the
Dept. of Motor Vehicles.
By Claire Bernish | April 1, 2016
TFTP — More than 100 DWI cases
had to be dismissed in Raleigh, North Carolina, after it was determined a
sheriff’s deputy lied on the stand.
Wake County District Attorney
Lorrin Freeman dismissed all the cases after now-ex deputy, Robert Davis was
deemed incompetent to testify by District Court Judge Jacqueline Brewer.
Because Davis hadn’t been truthful in some cases, Brewer disqualified his
testimony — leaving the DA no choice but to dismiss a plethora of cases
involving the former cop.
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Last week, Wake County Sheriff
Donnie Harrison fired Davis, who had been on the job for 15 years, over the
revelations, according to The Wichita Eagle.
“In an order attached to one of
the cases in which Brewer disqualified Davis as a witness, the judge outlined
three incidents in which he made false statements on court documents and on the
witness stand,” the Eaglereported.
North Carolina’s DWI law allows
drivers to refuse any sobriety test — but their license will be revoked for a
full year if they choose to do so. Before a test is given, drivers are allowed
to contact an attorney for legal advice or a witness to observe the test —
though testing cannot be delayed longer than a half hour.
In one of the incidents, which
took place on August 2, 2014 Davis brought a woman to the Wake Forest Police
Department for testing after he stopped her on suspicion of DWI. Without
allowing her the full 30 minutes to contact a witness, Davis recorded that she
hadn’t requested one. When the woman asked questions about the test, the deputy
simply claimed she had refused to take it — and filed that refusal with the
Dept. of Motor Vehicles.
Once the woman received
notification by mail that her license would be revoked, she requested a
hearing. Audio and video of the incident, which was recorded in the police
department’s ‘intoxilyzer’ room, revealed Davis’ lies. She did, in fact,
attempt to call a witness but was unable to get an outside line. Davis had also
badgered her into taking the test before her allotted half hour had expired.
A similar incident occurred in
February 2014, after Davis stopped another woman for suspected impaired driving
— and “fired a stun gun twice at the driver.”
Though she contacted her
attorney, Davis proceeded to administer the test before the 30-minute delay
period had expired. Alarmingly, recording of that incident showed Davis simply
lied — he recorded in paperwork not only that the driver didn’t make a phone
call, but that she refused to take the test.
In a third incident from March
2015, Davis again recorded incorrectly that a driver had refused testing —
when, in fact, she had simply questioned why she wasn’t being given the full 30
minutes.
Now, dozens of people have been
let off the hook thanks to the former deputy’s lies.
“I hate it,” Sheriff Harrison
said of firing Davis, “but we’ve got our credibility to look after, too.”
According to the Eagle, Harrison
terminated Davis’ employment as soon as he received the judge’s order — with
all its damning evidence.
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