David Shockey’s attorney has filed a motion to continue the case, which had been scheduled to go forward Friday, Miamisburg Municipal Court officials said.
A date has not been set for a next hearing, court officials said.
FIRST REPORT:
An Ohio State Highway Patrol trooper facing OVI and related charges is seeking to have his arrest tossed out as he returns to court Friday.
David G. Shockey, 44, was arrested shortly before 3 a.m. July 23 in the parking lot of a West Carrollton bar after a hit-and-run wreck, Miamisburg Municipal Court records show.
Shockey’s attorneys — the firm of Rion, Rion & Rion — want “an order suppressing the arrest and observations of the officer for reasons the officer lacked reasonable suspicion upon which to stop, detain or arrest” him, a court motion states.
Shockey was cited for OVI, failure to control and hit-skip on private property in connection to the crash, West Carrollton police records show. His attorneys entered not guilty pleas, court records state.
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Shockey was placed on leave without pay after the charges, the state patrol said. He was reinstated fewer than two weeks later after he was granted limited driving privileges by Judge Robert W. Rettich III, court records show.
The arresting officer “did not perform the sobriety tests in substantial compliance with the procedures set forth in the National Traffic Highway Safety Administration manual and lacked probable cause to arrest” the 20-year veteran state trooper, court records state.
Shockey “was not given Miranda warnings prior to being detained” and due to “illegal arrest, defendant may have made some incriminating statements. Any statements made as a result of the faulty arrest must be suppressed,” the motion states.
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On July 23, police responded to Sparky’s Lounge off Ohio 725 around 2:45 p.m. after receiving the report of a crash. Witnesses told police Shockey had left the scene in his white Ford F-150 after he was accused of striking a maroon Jaguar, a report showed.
Police investigated, saw an F-150 enter the parking lot and the truck had damage and “red/maroon transfer paint” on it, records show.
The driver of the pickup, later identified as Shockey, walked toward police with his shorts unbuttoned and unzipped, the report stated.
“There was a very strong odor of an alcoholic beverage,” police wrote in the report. “Shockey’s speech was mumbled and slurred. His eyes were bloodshot and glassy. He was unsteady on his feet.”
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A bartender at Sparky’s Lounge told police “Shockey had just left and he was cut off due to his level of intoxication,” the report stated. The bartender also was told that Shockey was refused service at nearby Bojangles, the report read.
Shockey told police he had just returned from Florida, where he said he had been in rehab for alcohol, the report said.
Police said Shockey admitted to hitting the Jaguar, but denied drinking. He was arrested after refusing a field sobriety test, the report stated.
Shockey was released to a sober adult following his arrest, the report states.
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