BLOOMINGTON, IL. (ECWd) –
Illinois State University Police Officers Kaase and Shepard let Bloomington Fireman Michael Maines go from an alleged DUI “because of his employment” – instead of arresting him after a Field Sobriety Test and a measured 0.090% BAC.
BLNNews.com received the incident reports thru a Freedom of Information Act (“FOIA”) request and forwarded it to us.
At approximately 10:23 p.m. on June 26, 2019, ISU Officer Kaase pulled over Bloomington Fireman Michael Maines for suspicion of DUI. Probable cause is alleged intoxicated driving and a large wad of cash in the front seat with no explanation.
From the letter to Deputy Chief Bleichner:
- A silver hatchback (driven by Maines) was driving onto ISU Quad and drove approximately 50 feet onto a sidewalk, then reversed back into the parking lot.
- Maines eyes looked bloodshot and had a large wad of cash in the front seat.
- Maines said he was lost.
- Maines said he was coming from a female’s residence that he met on “Bumble” (we had to google “Bumble” and it is an online “dating” service).
- When asked where he worked, he stated Bloomington Fire Department.
- When asked about the large wad of cash, Maines said he was gambling at the “Pub II”.
- He stated he had one bottle of beer approximately an hour earlier.
- Maines performed Standard Field Sobriety Tests.
- ISU Officer states that “based on his training” Maines was close to but not above the limit for DUI and informed Maines he was not placing him under arrest for DUI and Maines became argumentative with ISU Officer Shepard.
- Officers parked Maines’ vehicle in a parking spot and waited for him to take an Uber home.
- Officer Shepard requested Maines take a Portable Breath Test, which he consented to, provided the results not be documented.
- The PBT read 0.090% Blood Alcohol Concentration.
- Maines was informed that “due to his employment” a police supervisor would be notified and it would be up to the police supervisor if Maines supervisor would be notified.
We find it unfortunate that certain people who happen to work in a job where they should know better are given a pass when any other driver would probably be arrested and charged with DUI. It is unfair and dangerous to continue in this fashion.
We asked Illinois State University President Larry Dietz for comment but did not receive a response.
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4 Comments
Officer (Too) Friendly
Posted at 21:23h, 09 NovemberI have to agree with Anon Court Watcher. Cases based solely on PBT without sufficient (documented) evidence to justify probable cause, are usually not prosecuted. And, without documentation at the time immediately following the incident, there is no way a case is / can be initiated. An officer can’t come back and rewrite his/her report. There is more that can be said and asked re the officer’s judgment (on ethical and common sense topics) but it is what it is, at this point. Those who question the fairness of the probable cause case not being pursued by the officer are right to do so. I let an off-duty officer from another department go on a DUI one evening. Although I towed his car, wrote him a ticket on another offense, and called his department and spoke to a supervisor, I’ve regretted doing it, and that was about 1993. I didn’t know the officer and he wasn’t even from the area in which I worked. Still, a mistake. I should have arrested him, and he should have gone to jail / gone through the arrest/processing, etc., and forced to make bail like everyone else. So, there’s my moment of transparency.
Anon Court Watcher
Posted at 19:18h, 09 NovemberIf the officer decided not to arrest prior to the PBT, then a PBT is offered and if an arrest is made, it would get tossed in court. Plus a PBT isn’t admissible, AND after the arrest and the official breathalyzer more than likely it won’t be above .08. This is a non-story.
Michael Hoit
Posted at 16:12h, 09 NovemberNot surprised by this corrupt action at all. The law is very clear . .08 is intoxicated , yet someone who drives on a sidewalk is not intoxicated sounds absolutely absurd. The officers involved should be immediately relieved of duty and the fireman should be fired and charged with DUI as well as reckless driving.
anonymou5user
Posted at 13:49h, 09 NovemberHave a thorough investigation and then if/when found guilty, terminate the employment of all three of them.