On the 30th of April 2026, I, Patrolman McMahen was dispatched to the Exxon on Moro Street for a speak with officer report. Upon my arrival I was met by Mary Pope who advised me that two Males one white and one black were attempting to buy alcohol. Ms. Pope refused service due to the White male later identified as Devon Johnson for not having any ID and being intoxicated. Ms. Pope further advised that she had called the other stores that are owned by Baileys and advised them to not sell to these individuals. Ms. Pope also described the vehicle as a maroon Dodge Charger. She then attempted to give me a description of the driver and I asked her if it was a white male with a wife beater (tank top) shirt. She did advise that was the person. I then left and attempted to locate the vehicle.
I checked the Exxon on Edgar street and did not see the vehicle which was known to me to be a maroon/red Dodge Charger. After checking there I then proceeded to the Baileys on the south end of town. On my way there I was advised by dispatch that the Charger had returned to the orginal location. I then headed towards Moro St. On my way to the Exxon I observed the maroon/red Dodge Charger pass by me. I advised dispatch and began to follow the Charger attempting to obtain probable cause. During this time I observed several traffic violations and indications that the driver was intoxicated. I then stopped the vehicle on Atkinson St and Hwy 79. The charger made a wide turn and came to a slow stop on Atkinson St. I introduced myself to the driver and the reason for the stop. Before asking if Mr. Johnson would be willing to do any SFST, Mr. Johnson stated that he would do it. I had Mr. Johnson step out of the vehicle and perform the tests. and my findings are as followed, and based on the findings Mr. Johnson was arrested for DWI and Moro Creek towing was called to impound the car. Mr. Johnson was placed into handcuffs double locked and checked for fit. Mr. Johnson was transported and booked into the Dallas County Detention Center. My findings are below as followed :
Reasonable Suspicion to Stop
Below are the reasonable suspicions why the vehicle was stopped:
- Weaving
- Weaving across lane lines
- Straddling a lane line
- Swerving
- Turning with wide radius
- Slow speed
- No signal
- Slow response to signal
- Improper/unsafe lane change
- Illegal/Improper turn
- Appearing to be impaired
Driver Observations
After stopping the vehicle, the driver was identified as Mr. Devon Johnson. While speaking to him, it was observed that a moderate odor of alcoholic beverage was coming from him.
It was observed that Mr. Devon Johnson had:
- Bloodshot eyes
- Watery eyes
- Slurred speech
When asked, Mr. Devon Johnson admitted to drinking.
Before beginning the test, Mr. Devon Johnson was asked if he had any medical problems and he replied that he did not.
Horizontal Gaze Nystagmus Test Prior to attempting this test, Mr. Devon Johnson indicated he did not have any medical problems that would have prevented him from performing the test. It was determined that he was not wearing contacts. His eyes were checked and they displayed equal tracking and his pupils were equal sizes. Mr. Devon Johnson was instructed to follow the stimulus with his eyes only, keeping his head still. After stating that he understood the instructions, Mr. Devon Johnson attempted this test. No resting nystagmus was observed.
The results of this test displayed 6 of the 6 possible clues.
- A lack of smooth pursuit in the left eye
- A lack of smooth pursuit in the right eye
- A distinct and sustained nystagmus in the left eye at maximum deviation
- A distinct and sustained nystagmus in the right eye at maximum deviation
- An onset of nystagmus in the left eye prior to 45 degrees.
- An onset of nystagmus in the right eye prior to 45 degrees.
Comments: Before beginning the test I asked if there were any medical issues and he advised there were none.
Walk and Turn Test
Prior to attempting this test, Mr. Devon Johnson indicated he did not have any medical problems that would have prevented him from performing the test. Mr. Devon Johnson was instructed to put his left foot on the line and his right foot in front of it with his right heel touching the toe of his left foot. He was instructed to stand in this manner with his hands to his sides until the test instructions were completed and the test demonstrated. Mr. Devon Johnson was instructed not to begin the test until told to start. He was instructed to take nine steps along the line in a heel-to-toe manner. After the ninth step he was to stop and turn around keeping his lead foot on the ground, taking several small steps with the other foot to turn around. After turning around he was to take nine steps in a heel-to-toe manner back along the line, in the direction he had come from. Mr. Devon Johnson was further instructed to watch his feet at all times while walking, keep his arms down to his side, and to count his steps out loud. After the test was demonstrated Mr. Devon Johnson stated that he understood the instructions and was instructed to begin the test.
The results of this test displayed 5 of the 8 possible clues:
- Cannot keep balance while listening to the instructions.
- Stops while walking.
- He stopped 3 times while walking.
- Does not touch heel-to-toe.
- On the first set of steps, he did not touch heel-to-toe on steps 1, 2, 3, 4, 5,6,7,8 and 9.
- On the second set of steps, he did not touch heel-to-toe on steps 1, 2, 4 and 7.
- Uses arm(s) to balance.
- He used his arms once for balance.
- Improper turn.
Comments: Did not follow instructions.
One Leg Stand Test
Prior to attempting this test, Mr. Devon Johnson indicated he did not have any medical problems that would have prevented him from performing the test. Mr. Devon Johnson was instructed to stand with his feet together and arms at his sides during the test. Mr. Devon Johnson was asked not to begin the test until instructed. He was instructed to raise the leg of his choice by approximately 6 inches off the ground. While holding that position, he was to keep his leg straight and count out loud starting at one thousand one (one thousand one, one thousand two, one thousand three, …) and so forth until instructed to stop (after 30 seconds). The test was demonstrated to Mr. Devon Johnson. He was unable to perform the test.
Comments: He was making excuses as to why he would struggle with the test saying several times he was cold.
Preliminary Breath Test
After completing the field sobriety tests, Mr. Devon Johnson was asked if he would be willing to provide a sample of his breath using the preliminary breath test (PBT) device. He agreed to submit to the preliminary breath test. The implied consent was read to him. Prior to conducting the test, the procedure was explained to Mr. Devon Johnson, including the requirement to observe a 20-minute waiting period to ensure the accuracy of the test results. During this time, Mr. Devon Johnson was continuously observed to ensure that he did not ingest any substances, including but not limited to food, beverages, or tobacco products, burp, regurgitate, or engage in any activity that could introduce mouth alcohol or affect the test results.
The 20-minute waiting period was meticulously observed, and Mr. Devon Johnson did not engage in any actions that would compromise the integrity of the breath test. At 00:44, he blew into the PBT and the results indicated that his blood alcohol concentration (BAC) was at 0.19%. The subject failed the first administered PBT. At 00:46, 2 minutes after the first test, Mr. Devon Johnson blew a second time into the PBT with BAC results of 0.18%. The subject failed the second administered PBT. To perform the test, the PBT device Intox EC/IR-Il, serial number 011646, was used. The PBT device was operated by R. Johnson.
Comments: Due to my BAC card not being transferred yet Srgt. Johnson conducted these test.
During my stop the resident of Atkinson St exited his house and began to talk. Due to him not being apart of the original stop I conducted my investigation as normal. The resident was identified later as Greg Letbetter. During my investigation and waiting on a tow truck Mr. Letbetter continued to be disorderly and obstructed my traffic stop. Mr. Letbetter came up to my patrol unit and then tapped on the window where Mr. Johnson was located which was in the back seat as he had been placed under arrest for DWI. I then got out of my patrol unit where was working on paper work for the Tow truck and advised Mr. Letbetter to back away from my patrol unit. He refused and was asked to back off from my traffic stop several more times. When told to do so Mr. Letbetter asked or what and I advised him that he would go to jail. Mr. Letbetter was again advised that he was obstructing my traffic stop. He was also asked to go back into his house several times. He refused put his phone in his pocket and seemed as if he was ready for a fight. I then asked for 302 Sgt. Johnson to come back me up via dispatch and to have him step it up. Mr. Letbetter eventually complied and went back inside. I then advised dispatch that I was code 4. I also advised dispatch to keep 302 coming as I would still need him to conduct the BAC. Mr. Letbetter then came back out with a chair and sat in his yard. Once Srgt. Johnson arrived on scene I advised him of my issues that Mr. Letbetter was causing. Srgt Johnson then went and attempted to speak with Mr. Ledbetter.
During the interaction Srgt Johnson was attempting to advised Mr. Letbetter that I was on a public roadway. Mr. Letbetter then got up quickly and started walking towards me. Srgt Johnson attempted to stop him. When Srgt. Johnson attempted to stop him, Mr. Letbetter then began to attack Srgt. Johnson. I then deployed my taser and conducted several drive stuns. This made Mr. Letbetter turn his attention towards me. Mr. Letbetter then backed away and was given several commands to get on the ground. He refused to do so. I attempted to deploy my taser and the first shot was unsuccessful. My follow up shot was also unsuccessful. My service weapon was drawn while Srgt Johnson attempted to get other less lethal. Mr. Letbetter then got on the ground but continued to resist. Mr. Letbetter was then placed into cuffs and transported to Dallas County Detention Center.
