Ann Arbor prosecutor pleaded for release during drunken driving arrest, video shows
Senior assistant city attorney Robert West
An Ann Arbor city attorney pleaded with a Washtenaw County sheriff’s deputy to release him after he failed a preliminary breath test during a traffic stop in October, records show.
But the deputy refused because he feared criminal charges himself, according to a Sheriff’s Department video of the stop obtained by AnnArbor.com under the Freedom of Information Act.
Robert William West, 57, who was responsible for prosecuting drunken drivers at the time, was later charged with first-offense operating while under the influence.
If convicted of the misdemeanor, West faces up to 93 days in jail. He is scheduled to be arraigned Monday in 14A-3 District Court in Chelsea.
His driver’s license was destroyed, and West was issued a temporary driving permit after his arrest in Scio Township, records show.
West, a senior assistant city attorney, had no comment when reached by phone at his office Wednesday.
Washtenaw County Chief Deputy Assistant Prosecutor Steve Hiller declined to discuss specifics of the case because it’s pending. But he said West will be treated as any other defendant.
“Obviously, it’s going to depend on the facts of the case, but the vast majority of first-offense drunk drivers do not go to jail,” Hiller said.
Sheriff Jerry Clayton did not return a phone call Wednesday seeking comment for this article. City Attorney Stephen Postema said he is still investigating the matter.
West, who has worked for the city for 15 years, is no longer prosecuting cases in sobriety court in the 15th District Court. He continues to prosecute civil infractions and handle other legal matters for the city.
According to records, West submitted to a DataMaster breath test, which determined his blood-alcohol level was .12. In Michigan, it’s illegal to drive with a blood-alcohol level of .08 or higher.
The DataMaster test was given 93 minutes after the traffic stop as West was being held for observation at the University of Michigan Department of Public Safety, records show.
Deputy Keith Mansell told West at the scene he couldn’t let him go, the video shows.
“I hate being in spots like this, I really do,” Mansell said as West sat in the back of the patrol car. “I’m not trying to ruin your life or your job or anything else.”
West said he knew Mansell was in a “bad spot.”
“I don’t know what I can ask you other than to let me park my truck here and walk it home, call my wife…” West said. “I’ll give you my car keys. I don’t care.”
At one point, West said, “I will be forever in your debt.”
But Mansell didn’t budge. On the video, he twice referred to an incident in another county in which he said two deputies were fired and criminally charged after doing someone a favor.
“This would end my career and get me charged with a misdemeanor for dereliction…,” Mansell said. “What worries me about it is modern technology. Everything’s freaking videotaped and recorded. Everything I do.”
The traffic stop
Records show West was pulled over at about 7:52 p.m. Oct. 25 after passing through a red light at Baker and Jackson roads in Scio Township without stopping.
West turned east on Jackson Road, the report said, causing another vehicle traveling in the same direction to slow down.
When Mansell was standing by the driver’s side of West’s 2003 Ford Ranger in a Jackson Road parking lot, he “detected a strong odor of intoxicants,” the report said.
While West “didn't have slurred speech, “his “eyes were slightly red and glassy,” according to the report.
Asked how much he had to drink, West said, “I know you hear this a lot, because I actually prosecute lots of these cases, but I honestly only had 6 beers in a 7-hour period,” according to the report.
West later said he had two of those beers in the last hour, the video showed. West told Mansell he was watching a football game at his friend’s house and was on his way to Lowe’s, the report said.
Asked where he worked, West said he was a prosecuting attorney for the city of Ann Arbor, according to the report.
West told the deputy, he’d “rather not” go through field sobriety tests, the video shows.
“I’m nearly home,” West said. “I really would appreciate it if you just cut me a little break here.”
As Mansell prepared to give the preliminary breath test, he asked West if he ate, drank or put anything in his mouth in the past 15 minutes, the report said.
“I guess we better wait,” West said, according to the report. “I finished my last drink about 10 minutes ago at my buddy’s house.”
West submitted to a preliminary breath test that registered a .127, records show. Mansell showed West the result.
“Oh, so I got lucky then,” West said, according to the report. Mansell reminded West the legal limit was .08.
“Oh, so I didn’t get so lucky,” West said in the report.
Mansell, who chatted with West about sports, the police academy and cases West has prosecuted, called a sergeant to determine how to proceed, the video shows.
“I have myself a predicament here,” Mansell said. “I’m on a traffic stop and the driver is a prosecutor for Ann Arbor city and the PBT was over the limit.”
Mansell asked the sergeant where he should take West.
“I don’t wanna go stick him in a freaking holding cell with people that he’s probably prosecuted,” Mansell said.
About 25 minutes after calling the supervisor, a decision was made to take West to the U-M Department of Public Safety. According to the report, the deputy observed West “until he was sober,” then drove him to his Scio Township home.
On the way to the U-M Department of Public Safety, Mansell can be heard talking on the radio to dispatch, asking that West’s name be omitted from a sheriff’s department incident summary.
“I asked her to keep it off of the summary because that’s something that goes out to all the agencies,” Mansell told West.
Mansell then answered his phone and had a quick conversation.
“See how nosy everybody has to be,” he told West after hanging up. “It’s nobody’s business. They don’t need to know.”.
Lee Higgins covers crime and courts for AnnArbor.com Reach him at (734) 623-2527 or by e-mail at leehiggins@annarbor.com.
Comments
InsideTheHall
Mon, Dec 21, 2009 : 8:26 a.m.
This is Jerry Springer news and annarbor.com understands that America loves to watch a good trainwreck. Unfortunately it is not news worthy. How about following the Mayor around on a Friday night. Now that would be a "real" story.
billy
Sun, Dec 20, 2009 : 11:59 p.m.
Anyone else who got pulled over would have got their car impounded by Grants towing and have had to pay several hundred dollars to reclaim their vehicle.
PeteM
Sun, Dec 20, 2009 : 11:51 p.m.
I don't disagree with the comments above that West shouldn't get special treatment, but also think some of the reaction has been a bit harsh. He's 57 and I assume has no prior record. If so, this might be a one time mistake. In terms of asking for special treatment, he probably saw his job potentially going down the tubes in a nightmarish economy, which explains if not excuses his reaction. Finally, the end result is that this story and video got posted means that he will face a much greater punishment in terms of public humiliation (and possible loss of job) than if he wasn't a city attorney.
robert francis
Sun, Dec 20, 2009 : 5:40 p.m.
I feel he got special treatment if i waz to be arrested for dui i would have been taken straight to jail pass go dont collect $200 and put in a cell where all drunk drivers go i have lost many friends form drunk drivers and i think he should have been treated the same show a person that got the same treatment for dui and this is a outrage and wouldnt that be considered a bride telling the deputy if he let him go he would owe him forever just cause there waz no $ mentioned its still a bribe and he should be charged for it and the public should demand that theses charges be severe
Mary
Sun, Dec 20, 2009 : 11:42 a.m.
It is so sad that the officer had to call to see WHAT to do. I bet if it was my butt out there drunk driving he wouldnt of called on me. And letting him right out without spending the 8 hours of jail time??? whats up with that?? Washtenaw County cops have never been fair in there treatment of people.
will
Sat, Dec 19, 2009 : 4:35 p.m.
Better some drunked up posters then a drunked up prosecuter out running red lights and maybe killing a mother or father out christmas shoping.
aajeff
Sat, Dec 19, 2009 : 7:06 a.m.
Let me get this straight.....this guys boss is still "investigating the matter" after eight weeks? Nice. The fact is West did get special treatment and that's wrong. How many of us would have been granted the same easy treatment.....soft holding area at the UM, delayed breath test, and a drive home? This is a serious offense and this guy should not be handling other cases for the City. Let him stay employed but in some other capacity.
billy
Sat, Dec 19, 2009 : 12:59 a.m.
Well, they could report on the former ann arbor Domestic violence probation officer who is now going on trial Febuary 1 for felony animal torture. It's a big story in Jackson county. I'd like to see it reported here.
Inspector 57
Sat, Dec 19, 2009 : 12:34 a.m.
Yeah, I can see how that would work. Ingenious plan: AnnArbor.com runs a lot of ill-researched Gerry Springer-like "articles" and gets a bunch of drunked-up anonymous posters to react to its lame articles on-line. And then, great reporting returns because... uhh... because... Wait. Sorry. Uhh... Tell me again. Just how does engaging in trash reporting end up resulting in the return of "quality journalism and integrity"?
will
Fri, Dec 18, 2009 : 8:37 p.m.
I think this guy should lose his job. Im a truck driver and I got pulled over six years ago with the same level.I lost my job and couldnt drive truck for three years cost me over $80,000 in wages.I lost my house and had to file bankruptcy and so it still affects me to this day. luckily my company kept me employed but at much less rate of pay untill I could drive again.( three years) I got no slack and if a truck driver loses his job for getting pulled over in his own car' surely a prosecuter who prosecutes people for drunk driving should also.
dfossil
Fri, Dec 18, 2009 : 7:08 p.m.
I am surprised that so many do not know that blood alcohol levels CONTINUE TO CLIMB after someone is arrested. If someone has consumed alcohol it is still entering his/her blood stream. The officer tested his BAC at.127 initially which is over the limit of.08, 93 minutes later it had continued to climb to.24 at the station which is why a second test is always done and looked at. As Mr. West admitted he'd slammed the last few drinks. As to being too harsh? HA! We are the world laughing stock for how ridiculously generous our laws are. Good old wine drinking France?.04, Most countries,.00, Truck & Bus drivers in USA?.00 NO ONE should drive with ANY alcohol or drugs in them, anyone who does is purely irresponsible and should be off the roads. Drink if you want but when you drive, you put ME at risk! We allow THREE full convictions for drunk driving before we revoke your license. That is stupid generous and yes we have a lot of dead people as a result and that makes MY insurance rates go up along with everyone else.
Lokalisierung
Fri, Dec 18, 2009 : 6:34 p.m.
Operating While Visibly Impaired (OWVI) means that because of alcohol or other drugs in your body, your ability to operate a motor vehicle was visibly impaired. As Tom joad said it doesn't have to read a.08.
TruBlue
Fri, Dec 18, 2009 : 6:32 p.m.
West should be sent packing. AA needs to show the public that this kind of behavior won't be tolerated by public employees.
Tom Joad
Fri, Dec 18, 2009 : 6:01 p.m.
Don't you believe the other poster with his fuzzy math. LISTEN: you can be IMPAIRED to drive a motor vehicle even after one drink (beer, wine, or booze) You may not cross the 0.08 threshold but you can still be cited for impaired driving. Why take the risk? Are you going to rely on the field sobriety test to keep you under the limit? Those devices, while accurate, are not fail-proof. ZERO TOLERANCE. Don't drive after drinking any alcohol. That last "one for the road" cost this prosecutor his job and reputation. SURELY THAT THREW him over the limit. I hope the WCS Dep't gives this deputy a stern talking to...At the end of the long video you can hear him chuckling that by the time they test Mr. West's BAC at the UM station it may be under the limit, as he was lost trying to find the police station. This officer bent over backwards for this guy. He initially called to ask his supervisor two things: 1. What should I do with this guy? ARREST HIM OR NOT? That is patently absurd. HE HAS NO CHOICE BUT TO ARREST. He then asked where he should take him. The officer even said he was a teacher at the police academy....JEEZ...what kind of example is he setting? If it's a high-profile DUI suspect should he be given kid-glove treatment? THANK YOU Ann Arbor.com for making this video available.
djm12652
Fri, Dec 18, 2009 : 4:51 p.m.
As far as the remarks regarding the drinking limit issue, don't like them? Lobby to have them changed. In the meantime, don't try to justify illegal actions. Or perhaps you can call my older sister who has lost two adult daughters to head on collisions by drunk drivers. Furthermore, Mr. West is a sworn officer of the court. HE IS NOT THE AVERAGE CITIZEN! He took an oath to UPHOLD the law, not go out and break it. He along with Police officers, Judges etc are to be held to higher standards, and should be judged accordingly. If convicted, he should resign or be removed from his postion as a city attorney.
neuropsychology33
Fri, Dec 18, 2009 : 3:11 p.m.
@ Lokalisierung This sounds like an empirical question. I'll play a driving arcade game after happy hour and get back to you :)
RobRoy
Fri, Dec 18, 2009 : 2:54 p.m.
I know the police officer was covering his own behind, but why on earth did this even need to be called in. If it were any regular citizen with the same breathelyzer reading, we would have been taken away no questions asked. Its ridiculous. Its even more ridiculous that someone who allegedly ran a red light while intoxicated is still prosecuting traffic violations. The double standard of courtesy afforded to West is nauseating.
Lokalisierung
Fri, Dec 18, 2009 : 2:36 p.m.
But true, I do not weigh 200lbs so maybe I'm not the best person to judge this.
Lokalisierung
Fri, Dec 18, 2009 : 2:28 p.m.
@ neuropsychology33 I didn't say his numbers "Lie" nor do i think he should have looked into Mr. West's caloric intake that day, I was simply stating a fact that there are other factors involved. i do no think a 200 lbs man can be under the legallimit after drinking 48oz of beer on an empty stomach. we can agree to disagree.
julieswhimsies
Fri, Dec 18, 2009 : 2:18 p.m.
Deputy Mansell did the right thing. The fact that he knew his subject was a politician and a lawyer, changes nothing. There could have been circumstances if the Deputy had NOT called it in. As far as West is concerned, he is the worst kind of hypocrite.
neuropsychology33
Fri, Dec 18, 2009 : 2:15 p.m.
Comment regarding CEC0128's math and subsequent response: To say that these numbers lie is a stretch. CEC0128 presented a pretty clear case that Mr. West's math is suspect and there is a strong probability that he was impaired, both functionally and physiologically. (Unless he drank 7 novelty margaritas, weighs 80 pounds, and has a broken watch.) But, shame on you CEC0128 for not contacting Mr. West and asking for a retrospective food inventory. And double shame on you for presenting simple numbers. I hope your next post has complex, imaginary, or otherwise abstract numbers in it!
WW II Veteran
Fri, Dec 18, 2009 : 1:49 p.m.
Going through a red light on Baker Rd. and Jackson Ave at 7:52 P.m. could have been a disaster. Someone could have been killed. Traffic is pretty heavy and fast in that area.
Lokalisierung
Fri, Dec 18, 2009 : 12:20 p.m.
Well the problem with your simple numbers and alcohol content speech is it doens't take into account how much food you have had to eat...which I have personally found makes mroe difference than anything else.
CEC0128
Fri, Dec 18, 2009 : 11:52 a.m.
Lets have some fun with math! In response to those who seem to think the law is too strict and you can be over the legal limit with only 1 or 2 beers or 1 or 2 glasses of wine: An average 200 lb male can drink 3 - 16 oz 4.5% alcohol ea.) beers in one hour and legally drive - having an estimated 0.06 blood alcohol content (0.02 for ea. beer). An average 140 lb woman can drink 2 16 oz beers in one hour and legally drive (0.03 for ea beer) having an estimated 0.06 BAC. For ea. addtl beer one would need to wait an extra hour before driving. OF course this isn't exact and a person's weight and the beer's alcohol content are big variables. Mr. West said he had 6 beers over 7 hours, 2 of which were in the last hour...this is a very obvious lie as it would add up approx to 0.04 if he drank them evenly over the 7 hours with 2 in the last hour very far off from a 0.127 4 beers away approx. 6 beers in 1 hour would add up to a 0.120. 12 beers over 7 hours would be near a 0.120. My point in all of this is that a BAC of 0.127 is inarguably impaired to drive and horrifically hypocritical for a prosecutor in Sobriety Court! Thank you, Ann Arbor.com, for posting this story.
gibby76
Fri, Dec 18, 2009 : 11:09 a.m.
i agree, doesn't matter his position except that as a city official he should definately know better. he's gonna have a lot to think about for a while now. btw, how many drinks an hour is.12. it amazes me how people can still have that kind of intake.
Mel A
Fri, Dec 18, 2009 : 10:55 a.m.
What I don't see mentioned in any of the comments is that under any standard Mr. West was clearly impaired. While the "new" standard is 0.08, the "old" standard, 0.10, had been on the books for a considerable amount of time. Mr. West's readings, whether you wish to use the 0.144 or the later 0.12?, or any other reading mentioned in any report I've read, are considerably north of the "old" standard. His random comments of "Did I get lucky?" and "Oh, I guess I didn't" sound very consistent with impaired thought and speech of a person under the influence of alcohol. Mr. West has demonstrated that he has a significant problem with, at the very least, his understanding of the way alcohol affects his body. This situation ought to be thoroughly reviewed before he is allowed to make judgments affecting peoples lives.
Spunkymonkey
Fri, Dec 18, 2009 : 10:53 a.m.
I dont wanna go stick him in a freaking holding cell with people that hes probably prosecuted, is why the Deputy contacted his supervisor on what to do with him. Most people don't have jobs where this would even be on their radar...
Barb
Fri, Dec 18, 2009 : 10:12 a.m.
Cookie1, I didn't say that was the problem; I said it says a lot. I haven't drunk 6 beers since college. That's a lot of drinking in one day, period. It may be the "real world" in your world but I'll bet your liver doesn't enjoy it.
treetowncartel
Fri, Dec 18, 2009 : 9:50 a.m.
The limits are where they are so the State can get Federal funding. It is a carrott on astick. It is the same reason the legal drinking age was switched from 18 to 21 in the 1970's
dms
Fri, Dec 18, 2009 : 9:06 a.m.
I can't believe people are saying that the drunk driving laws are too strict. So not the point here. Mr. West broke the current law that he has sworn to uphold. Plain and simple.But to respond to the comment about the levels being too high - running a red light on a very busy intersection and driving in a way that causes others to have to react indicates that Mr. West was indeed driving impaired. Doesn't matter what your size/weight is. If you have drank enough to drive in an unsafe manner - which running a light is - than you should not be driving. I wonder if the people who are whinning about the driving laws being too strict have EVER been impacted by someone who is driving drunk?? Personally, my experience leads me to believe that they are actually still too lax.
coltrain
Fri, Dec 18, 2009 : 8:49 a.m.
what is there left to say?he should have been taken to jail!if it was you or me that's what would have happen!!he should be treated as you or i would have been treated!!
a2grateful
Fri, Dec 18, 2009 : 8:39 a.m.
Dear Mr. Leonard: The arrest is our business because the person in question is a public employee. Specifically, he is our legal advocate in public safety, as he prosecutes potential killers known as drunk drivers.. According to your words, he begged the deputy not to destroy his career. This aspect of the story is alarming for two reasons. First, it indicates aversion of responsibility, or misplaced blame, possibly a sign of a certain alcohol related illness. The irony here follows: A person that drinks all day, and then chooses to operate a motor vehicle, certainly deserves a break. Of course, the break is from their destructive drinking behavior.. The second alarming aspect of the story is that the events illustrate disdain for law and process that is unacceptable for an officer of the court. A person of this position is held to a higher standard than an average citizen. I am thankful that this type of hypocrisy is unacceptable from a legal point of view.. As with any drunk driver, hopefully this event represents hitting bottom. This was certainly a cry for help. May the help be granted. I hope this is the case, and the drunken driving ends. My concern is for Mr. West, his family, and public safety.. Finally, as far as video is concerned, welcome to the present. Youtube is a fact of life. If we were more concerned with our manners and behavior, we wouldnt worry about video uploads. If one acts as if being videotaped, they probably wont be videotaped for humiliation purposes on Youtube. Video gathering technology is everywhere. Act like it, especially if you are afraid of Youtube humiliation.
antikvetch
Fri, Dec 18, 2009 : 8:07 a.m.
Mr. West is a public official entrusted to prosecute drunk driving offenses. The video shows him attempting to circumvent the very type of case he is paid to enforce. Further, by telling the deputy that he would be "in his debt" if the deputy looked the other way, Mr. West tried to barter with the deputy. It is not inconceivable that payment of this "debt" could involve further circumvention of the law. If Mr. West had simply admitted his mistake, and let the deputy do his job, showing the video would be inappropriate. The fact that he clearly wanted fluidity in the enforcement of the law is far more disturbing than the crime itself.
discgolfgeek
Fri, Dec 18, 2009 : 7:45 a.m.
the video should have never been posted by annarbor.com who now (sadly) is trying to become the local tmz.
voiceofreason
Fri, Dec 18, 2009 : 7:25 a.m.
Jim, You are correct about everything in your post. I believe the reason we are seeing sensationalist stories such as this is because Annarbor.com is still trying to gain a large and loyal following of readers. Once enough regular followers are gained, I believe quality journalism and integrity will return.
James Leonard
Fri, Dec 18, 2009 : 7:14 a.m.
Dear AA.C and all the folks who wrote in to comment on this story, I have a few questions and a few possible answers: What purpose was served by running this story? None that I can see. Readers already knew West has been arrested for drunk driving. If he had just about any other job, the matter would have been dropped by now except, of course, as a legal issue. But because West works as a city prosecutor, we also get to find out that he begged the deputy not to destroy his career and with a video, no less. Is this any of our business? I doubt it. Ask yourselves if youd like to see the same story run about you or anyone you know. Does West deserve to be publicly humiliated? I doubt it. Besides, readers already know the facts of the case. Why did AA.C run the story? Not because it told the readers anything they needed to know. More than likely, they ran it because it would get people worked up. Why would AA.C want to get people all worked up? Because humiliating a public figure sells papers. Why would so many people write in to comment on this issue? Because, sadly, most people really enjoy humiliating public figures. Who do so many people enjoy humiliating public figures? Thats a pathology Ill leave for others to figure out. But surely it ought not to be encouraged. Jim Leonard
Bryan123
Fri, Dec 18, 2009 : 6:44 a.m.
I think it's ridiculous that people are actually saying that.08 is too low. That level of alcohol will have different effects on different people. For some people they'll be falling over and for others they'll seem to be just fine, but there has to be a verifiable standard. So, if you're concerned that "only" 2-3 beers will put you over the limit because it will ruin your life, then don't drive after you drink. Obviously every person who gets a DUI, using the impaired logic and mental capacity of someone with a BAL of at least.08, thinks they're more than fine to drive. So you need to make the decision ahead of time: which do I want to do more, drink or drive my car. If you want to do both, even though you think you're just fine to drive, then I have no sympathy when you get that DUI. It's total BS with all these excuses that people can't possibly be expected to not drive after drinking. If you need a beer so bad that you can't wait until a time when you won't need to be driving afterwards or won't have someone sober to drive, then I think you have a bigger problem.
a2resident
Fri, Dec 18, 2009 : 2:18 a.m.
You can't have it both ways. You can't live out in the suburbs and be car-dependents and then go out to bars on the weekends and drink a lot. If you want to go out, you should live within walking distance from Main St. That prosecutor should live in Downtown Ann Arbor close to his work and close to the bars. Walking drunks don't kill like driving drunks do.
foolonthehill
Thu, Dec 17, 2009 : 11:29 p.m.
My view, from the hill; Can't blame the cop for covering his rear. You got to these days. I might do the same if I were a deputy. As for laws being too strict on drunk drivers; it is BS that 2-3 drinks will get you in trouble. In a test, I drank 7 drinks (7 oz of vodka) in a minute and never got over the legal limit. I was way too drunk to drive, but still legal by the.08 standard. I think the law is too lax, and should be closer to.04. Finally, leave the guy alone. Let him take care of his case and go on with life. I don't see too many, if any, other drunk cases on here. Just because he is a public figure doesn't mean we have a right to flog him on-line.
baugh
Thu, Dec 17, 2009 : 10:09 p.m.
I cannot believe how inappropriate this is to show this video. I suppose you are desperate enough for ratings now that you don't have a real newspaper or real journalists with integrity working for you.
Terrin
Thu, Dec 17, 2009 : 6:13 p.m.
I actually feel for West. The reality is the State doesn't care about drunk driving. The drinking limit used to be.12. Then the State learned it could make a lot of money on drunk driving. The limit then went to.10, and then to.08. You can drink a single beer and be in trouble even though you are in fully alert. Further, I have met West before, and he seems like a fair prosecutor. I am not saying he should be treated differently then others, just not any worst. As an attorney, he will be subject not only to the penalty the Court gives him, but also potential issues concerning his attorney license.
Mark Owen Mattson
Thu, Dec 17, 2009 : 5:48 p.m.
I have been an indirect "victim" of what West can do when he is prosecuting and he cuts NO slack for anyone who "grovels" like he does on this video. He needs to be prosecuted to the full extent of the law and needs to resign. This occurrance should not & will not be swept under the rug because of the job he performs. Shame on him (West). If I was the deputy, West would have "rotted" with the drunks @ the Hogback Hilton.
Lokalisierung
Thu, Dec 17, 2009 : 5:30 p.m.
I have to say I'm a little tired of people getting thanked for doing their jobs. There isn't much wiggle room in this area. You have a drunk driver, you have to arrest them....what's the issue? What is the possible retaliation from a drunken Ann Arbor city attorney who's been 'caught on tape?' The fact that he even talks about letting him go as if it were an option is rediculus; and for this we should "praise" him?
beaumont_slave
Thu, Dec 17, 2009 : 5:28 p.m.
I can understand why the deputy called his supervisor. They have a legal obligation to ensure the safety of their prisoners. Semms a sensible decision to me, and i can see the deputy placating a drunk.. just to keep things calm
cookie1
Thu, Dec 17, 2009 : 5:22 p.m.
And if you read he is no longer prosecuting drunk driving cases, he is prosecuting civli infractions!!!
dfossil
Thu, Dec 17, 2009 : 5:18 p.m.
My compliments to the Deputy Keith Mansell for following through on this arrest. It is too bad our public safety people have to be afraid to do their duty to protect us out of fear of prosecution or retaliation from Prosecutors. The truly shocking thing is that Mr. West is still employed in prosecution of others when he was clearly at fault here. All you hear from him are the same excuses that every drunk gives: "I only had 6 beers and 2 in the last hour", BUT HE WENT RIGHT AHEAD AND DROVE ANYWAY! We know that folks are impaired at two beers and he of all people knows this and went right ahead an drove. He does not deserve to be employed as a prosecutor at all!
cookie1
Thu, Dec 17, 2009 : 5:18 p.m.
The cops problem was that he didn't want to take west in to the county lock up you can clearly hear him tell his supervisor that he didn't want to have to put him with people he might have prosecuted!! And for the person who said that drinking 6 beers in a day was the problem I think you need to step into the real world once in awhile.
Ricebrnr
Thu, Dec 17, 2009 : 5 p.m.
FATE?!!?!?? WHAT?!?!?! As YOU stated, HE made a CHOICE to drink and drive. What happenned to him was not fate. That was the result of HIS actions.
happy
Thu, Dec 17, 2009 : 4:57 p.m.
Our city attorney, Postema, is STILL investigating the matter?? Good grief!
Cash
Thu, Dec 17, 2009 : 4:47 p.m.
Ever think how you would feel right now after reading the articles about this and the comments? I've thought about it. Because this could happen to a LOT of people. It must be humiliating for him and for his family. But if only he and his family realized that fate allowed him just this and no more. Think if someone was coming through that intersection when he ran the red light. Fate, it's all about fate. The choice to drink and drive....a lot of people make the choice. But only fate controls what happen afterword. So he should be very thankful that fate was on his side. This time.
willmiller82
Thu, Dec 17, 2009 : 4:46 p.m.
I agree with the earlier post. Drinking and driving laws are to strict. Has lowering the drinking level decreased the number of drunk drivers on the road or has it just made it easier for the government to arrest people and bilk them out of large sums of money.
Lokalisierung
Thu, Dec 17, 2009 : 4:28 p.m.
Top 10 things you don't wan't to tell them. i'm sure the cop was happy though. he gets sick of hearing "I only had 2 tonight."
Barb
Thu, Dec 17, 2009 : 3:56 p.m.
"I only drank 6 beers all day." Wow. Granted, if he'd spaced them out, it might not have been so bad but 6 beers in one day? Only? That's quite a statement right there.
Freshtight Designs
Thu, Dec 17, 2009 : 3:21 p.m.
Oh, so I got lucky then, West said, according to the report. Mansell reminded West the legal limit was.08. Oh, so I didnt get so lucky.
Tom Bower
Thu, Dec 17, 2009 : 3:12 p.m.
Driving drunk. Running a red light. Thank you for taking another drunk driver off our roads. While events are unfortunate for this driver and his life situation just became more problematic, gratefully no one was injured by his inappropriate behavior and he will learn from it and not repeat it.
Lokalisierung
Thu, Dec 17, 2009 : 2:26 p.m.
Actually that was my biggest question also. They have a sheet of paper that has a wait time for whatever your BAL is. So if his was a 124 the sheet would say 2 hours (that's a made up example) or somthing like that and he would have to wait. I've never heard of anyone getting rerleased right away. Good point.
Lokalisierung
Thu, Dec 17, 2009 : 2:22 p.m.
Well it's becasue (I am not an officer of the law but I'm pretty sure here) what he took was a PBT. PBT are NOT legally binding. They tell you if there is enough of a reason to take him into custody...which he did. Then they took him to the DataMaster which is the real piece of machinery that make the reading. But I shiouldn't have to tell you, I'm sure somone who likes REAL NEWS as much as you could do some REAL INVESTIGATIVE work eh?
RealNews
Thu, Dec 17, 2009 : 2:21 p.m.
Sorry Lokalisierung, I was typing as you were noting your type-o. I think you are correct that he says; "124"... So the number was changed to be higher... Hmmm... maybe they did more than one or another at the U of M Station? Q. How many people get to get released immediantly after there 'Data Master' gets posted?
RealNews
Thu, Dec 17, 2009 : 2:15 p.m.
"i24" that makes no sense. He says.24... Either way it isn't.127... Who changed it? Also: IMO... The deputy isn't implying it isn't "that far over" he agrees with what Mr. West says... ".24" and politely informs him that it is over... I'm guessing by the occupation of Mr. West that he knew it was over too... Just a guess. It's news because he was the prosecutor of those doing just what he did. The # on the video is different than the # on the report... THAT is news as well!
Lokalisierung
Thu, Dec 17, 2009 : 2:09 p.m.
Sorry I meant "124" instead of "24." One Two Four
Lokalisierung
Thu, Dec 17, 2009 : 2:07 p.m.
It sound to me that he says "i24" and not "24." Not the best audio so hard to tell. people react to BAL differently so that's hard to say but he seems pretty coherent to me. Both seem to act like it isn't that far over. That's just an observation though.
bunnyabbot
Thu, Dec 17, 2009 : 2:01 p.m.
I don't see a problem with the deputy asking his supervisor what to do, he was doing his job and at that point covering his tail, additionally he might have been uncomfortable with the situation to some degree, so calling a supervisor seems reasonable. I also don't see what the problem is with him not putting West in the same hold with people he may have or will be on cases prosecuting. I do think though, that like celeberties that employers should have on employees clauses about conduct and can fire them. West was arrested for drunk driving, this seems like he is no longer suitable as far as image etc and should not keep his job. the deputy should however be praised.
RealNews
Thu, Dec 17, 2009 : 1:45 p.m.
Yes Lee I noted that you wrote: preliminary breath test that registered a.127" but that doesn't change the fact that both Mr. West & the deputy agreed that the preliminary test registered a.24 (3 times the legal limit) in the video @ 01:44 ) you posted... cover up? It's time to dig deeper Lee.
Lokalisierung
Thu, Dec 17, 2009 : 1:43 p.m.
"Either you will become super tough on drunk driving or you will become super soft.." Classic 'no basis in anything' statement.
The Watchman
Thu, Dec 17, 2009 : 1:38 p.m.
Stefanie, the editing of the video should have been noted in the story not left to our imagination as top what was happening. That is poor journalism.
I_love_ann_arbor
Thu, Dec 17, 2009 : 1:38 p.m.
As I said when the story broke, he should RESIGN! You can longer effectively do the job. Either you will become super tough on drunk driving or you will become super soft..
Lokalisierung
Thu, Dec 17, 2009 : 1:26 p.m.
I also think johnnyringo has a point. Unfortnently in this current youtube culture mixed with ann arbor self rightiousness people today think everything is THEIR business.
Lokalisierung
Thu, Dec 17, 2009 : 1:20 p.m.
@ Dading I don't think people are saying the dep. is a "bad guy," I think they'er having issues with him calling his supervisoe and asking what to do. Do you think if you weree in that situation he would try to find out that info for you? No, you'd go straight to jail.
Tom Hollyer
Thu, Dec 17, 2009 : 1:12 p.m.
Johnnyringo has a point. And, though I have never been in those circumstances, I cannot imagine that anyone would not ask to be let go. Pleading for release is not news.
dading dont delete me bro
Thu, Dec 17, 2009 : 1:05 p.m.
kudos to deputy mansell, as for being in the 'bad spot' it was the attorney that did that. why is the deputy the 'bad guy'? the attorney chose to drink, chose to drive, therefore must face the consequences...consequences he should be more than familiar with... disclaimer...all are innocent until proven guilty.
Johnnyringo
Thu, Dec 17, 2009 : 12:57 p.m.
Annarbor.com's posting of the video inappropriate. It was not done in the name of "the public needs to know." I think it is unfair because I've never seen anyone else's traffic stop posted. I know the answer is because he is a public official but I think that's baloney. You are trying to humiliate this person and sensationalize the story. I didn't think much of the news reporting before this (news "light" is more like it) and now I think annarbor.com is mean-spirited. Please do an FOIA request and post the video when one of your employees gets stopped.
ffej440
Thu, Dec 17, 2009 : 12:29 p.m.
Too bad he was not in the 15th court zone. Then he could get a taste of the hanging judge and her strict program, that most people fail and end up in jail. Seems unfair that he won't get the same harsh treatment he was so eager to hand out in the 15th.Those unaware of the 15th can look up the story in Mlive- NO Deals,mandatory sentence or very strict program.
a2grateful
Thu, Dec 17, 2009 : 12:18 p.m.
It would be very interesting to hear both sides of the deputy's early conversation.... Any chance of that?
Mikey2u
Thu, Dec 17, 2009 : 12:05 p.m.
Ann Arbor city attorney $150K per year Washtenaw County Sheriffs Deputy $40K per year Dash-cams priceless
Ricebrnr
Thu, Dec 17, 2009 : 12:04 p.m.
Another example of do as I say not as I do. His original mistake should not cost him his job. How he handled it should. Would that he remembered his principles and took his just punishment without complaint or obfuscation. How much more praise and security in his position would he have gotten then? Well that's what happens when you impair yourself.
Rhe Buttle
Thu, Dec 17, 2009 : 11:53 a.m.
Ahhh, if only. Over time we come to love or hate our Ann Arbor liberals, love or hate those that oppose the liberals. If only we could have "equal justice under the law", we would probably have no need of conservative or liberal. Equality. I believe this Prosecutor should be served with a fair helping of equal justice, under the law. No worse nor better than any he has prosecuted. I happen to agree with the law, I've seen the results impaired drivers create. If only we could eliminate waivers of all kinds of all laws. Then perhaps our solons could become truly wise and only create laws that are fair to everyone. If only.
Lee Higgins
Thu, Dec 17, 2009 : 11:37 a.m.
Hi RealNews, The PBT result, according to the police report, was.127.
RealNews
Thu, Dec 17, 2009 : 11:27 a.m.
In the video when the deputy shows Mr. West the results of the breath analysis ( @ 01:44 in the video ), Mr. West says it's.24 & the Deputy confirms that; "yeah." 3 times the limit by my calculation. From the story above: "West submitted to a preliminary breath test that registered a.127, records show. Mansell showed West the result." There are also multiple edits of the video where portions well over a minute 1:45 etc are missing. Even with You TRube time restraints you can upload the entire video in parts. So Lee who edited the video?
Hunterjim
Thu, Dec 17, 2009 : 11:13 a.m.
First let me say that the deputy did the correct thing by arresting Mr. West. He also was correct in contacting his supervisor. Just because Mr West works for the City of Ann Arbor does not give him special consideration...BUT he is not the first person, city employee or not to ask for a break. Lawyers, doctors, friends, and everyday citizens ask for "a break" every day. In past years it was an acceptable practice to have more discretion or options on what to do with suspected drunk drivers. Society has put law enforcement on notice that they no longer have the discretion to make any other choice than an arrest in suspected drunk drivers. Having said this, I think if we want equal treatment for Mr. West than the news should write as in depth articles including the video on each and every drunk who is arrested. Mr West HAS gotten "special" treatment, by all this publicity. Let the judical system work, let him have the same "breaks' any other citizen is afforded. He will be held to a higher standard as his job will be adversly affected by the outcome. That is the price he will pay for being a public offical.
Atticus F.
Thu, Dec 17, 2009 : 11:01 a.m.
I know this is a really unpopular stance, but I think drunk driving laws are way to strict. I'm not condoning going out and driving blind drunk, but the level of.08 could get a petite women sent to jail for simply having a glass of wine with dinner... and that truely could "ruin your life" and "ruin your job" as the arresting officer was well aware. That being said, I think this person who enforces these strict rules should get a good dose of what he's been dishing out to others, with the same amount of "slack" that he cut to others.
elligur
Thu, Dec 17, 2009 : 10:48 a.m.
Great job, Lee and AnnArbor.com for doing the FOIA on this. Great story!
uawisok
Thu, Dec 17, 2009 : 10:28 a.m.
Sad all around..."hypocrisy is alive and well in all human beings"
klac1977
Thu, Dec 17, 2009 : 10:11 a.m.
I commend the Deputy for not falling for it and just letting this guy go but, geez, he all but admits he would do it if everything weren't being recorded...that's almost as bad as just letting the guy go! Does anyone else find it slightly humorous that a guy who prosecutes drunken driving cases thinks that his.127 is "lucky"?? Seems like he, of anyone, would know that the legal limit is.08! But, I guess that's what happens when you're drunk...you don't remember simple things...and that's why you shouldn't be on the road operating a vehicle and risking the lives of innocent people.
actionjackson
Thu, Dec 17, 2009 : 10:10 a.m.
He's a good man at his job. Using his position to "cut me some slack" just didn't do it THIS TIME. Research proves that when a person is drinking and driving that just because it's a first offense means that there have been multiple other times when they aren't caught. Lack of judgement in passing through a red light shows a mindset that would not have occured "sober". You do the crime.... do the time. We can't hold him or any public figure to different standards when it comes to being on the road drunk.
a2grateful
Thu, Dec 17, 2009 : 9:52 a.m.
Giant thanks to video technology, field sobriety tests, officers that choose to follow the law, prosecutors that prosecute, and judicious administration.. Get the drunks off the road! Keep them off! Zero tolerance for this nonsense. No exceptions!
cinnabar7071
Thu, Dec 17, 2009 : 9:36 a.m.
Without the video, it sounds like west would have walked.
Awakened
Thu, Dec 17, 2009 : 9:35 a.m.
The Deputy was covering his rear end in case one of West's friends with "pull" tried to come after the Deputy. A sad but real issue when working for a political entity.
mdm93
Thu, Dec 17, 2009 : 9:25 a.m.
The only sad thing here is that the deputy actually had to find out what to do with him. Had it been anyone else, there would have been no decision. This man should be treated not only no different than anyone else, but exactly the same. He is not void of the law simply for his job.