Posted by Travis Uresk | Feb. 15th, 2023 | DUI |
By Travis Uresk
Uintah County, Ut.- On February 9th, 2023, dispatch informed Officer Searle with VPD of a hit-and-run accident on SR-121 near mile marker 34. The driver of the vehicle on scene told dispatch she was traveling westbound, and a gray Ford Explorer entered the highway, striking her vehicle, and then took off.
Witnesses told the Uintah County Deputies a dark purple/maroon vehicle entered the highway, struck the vehicle that remained on the scene, and took off. The witnesses described the vehicle's driver as an older white male wearing a gray hoodie and reflective jacket.
Uintah County deputies contacted the owner of Burdick Material as the vehicle that ran had entered the highway from the business's entrance. The deputies described the vehicle and the driver to the company. Burdick informed them that Shaw Gregory Davis drove that vehicle and provided the deputies with his phone number.
The Deputies contacted Davis, and he explained to them he cut off a vehicle leaving work but didn’t think he caused an accident.
The Deputies instructed Davis to come back to the scene, but he refused.
The driver of the vehicle that had remained on the scene had received injuries from the accident and was transported to the hospital by ambulance.
When Officer Searle arrived on the scene and saw the gray Ford Explorer had struck a gray Mitsubishi Outlander on the front driver side bumper and had pushed the vehicle into the snow drifts.
Davis lives in Duchesne, and Officer Searle contacted the Duchesne County Deputies.
The Duchesne county deputies went to Shawn’s residence and saw he was wearing a gray hoodie with a reflective vest. The Duchesne Deputies' located a gray/ dark purple Ford Explorer at the residence.
The Duchesne Deputies saw damage to the Ford Explorer on the rear passenger side tire fender, consistent with the damage to the Mitsubishi Outlander. Officer Searle had the Duchesne County Deputies place Davis under arrest at 7:18 pm.
Officer Searle talked with the driver of the Mitsubishi Outlander in the hospital, and she informed him she was traveling westbound on SR-121, and a gray Ford Explorer entered the highway from the Burdick Material plant striking her vehicle and then took off westbound on SR-121.
Officer Searle traveled to Roosevelt and took custody of Shawn at 8:46 pm.
After placing Shawn in his patrol vehicle, he asked Davis to explain what happened, and he informed Officer Searle he was turning left onto SR-121 from his work when he saw a vehicle that appeared to be trying to hit him traveling westbound.
Davis explained he was unaware if the vehicle had hit him and didn’t know he was involved in an accident. Shawn was asked why he didn’t return after the Uintah County Deputies had contacted him. Shawn said he had things to do, and it was not a priority.
Officer Searle asked Shawn again if he felt an impact or saw the other vehicle go off the road. Shawn said he didn’t, but a coworker called him and told him that the vehicle behind him had gone off the road. He then asked Shawn why he didn't stop after the coworker told him about the accident, and Shawn said he didn't believe he needed to.
During their conversation, Shawn would speak fast and not in complete sentences, and he would also repeat himself, slurred speech, and was difficult to understand.
Officer Searle noticed Shawn had bloodshot eyes and asked if he had any alcohol to drink today and he informed me he had not. He then asked Davis when the last time he had taken drugs. Davis told him a few years ago.
After arriving at the Uintah County, Jail Officer Searle had Shawn perform the standardized field sobriety tests and observed the following:
From Officer Searle's Report in the affidavit:
Horizontal Gaze Nystagmus: On this test, I observed Davis could see my finger and had equal tracking. Davis informed me he was on medication for allergies and stomach problems. During the test, I did not observe any clues. I observed both of Davis's eyes would randomly twitch from side to side or up and down. I observed Davis's lower eyelids would also randomly twitch, and he would sway from front to back.
Lack of Convergence: I observed a lack of convergence in Davis's left eye all three times I performed the test.
Nine-Step Walk and Turn: On this test, I observed Davis step off line, miss heel to toe greater than one-half of an inch, raise his arms greater than six inches, stop walking, and perform an improper turn. I observed five of the eight clues on this test.
One Leg Stand: On this test, I observed Davis raise his arms greater than six inches, sway from side to side, and put his foot down. I observed three of the four clues on this test.
Modified Romberg: On this test, Davis estimated the passing of thirty seconds in twenty-five. During the test, I observed Davis sway from front to back and had eyelid tremors in both eyes. I had Davis blow into my preliminary breath test, and he tested negative for alcohol. Due to the totality of the circumstances, I decided Davis was not safe to be operating the vehicle at the time of the accident and placed him under arrest for DUI.
I read Davis the DUI admonitions verbatim, and he did not consent to the tests. I read Davis the refusal admonitions, and he still refused the chemical tests. A blood draw warrant was applied for and granted.
At 2315 hours, two vials of blood were taken from Davis's left arm. Davis was then transported and booked into the Uintah County jail.
To watch Shawn Davis's Virtual Hearing on 2/27/23 at 8:00 am, click the link below.