On 07-02-06 at 0023 Hrs, I was working as part of DUI saturation patrol. I heard Agent ***** broadcast a head on traffic collision that just occurred at W Jewell Ave and S Kipling Pkwy. I began to travel in the direction of the collision in the event that one of the parties were intoxicated.
When I arrived at the scene, Agent ***** advised they were running RADAR in the center median on S Kipling Pkwy, just south of W Florida Ave. They saw the pickup truck travel southbound in the #1, left, lane of northbound S Kipling Pkwy. They attempted to stop the pickup truck, but the red Jeep came around the corner on northbound S Kipling Pkwy in the #1 lane, and collided with the pickup truck.
Agent ***** advised the driver of the pickup truck was in back of his police car. Since I was the DUI car for the evening, I contacted and spoke with the driver of the pickup truck, later identified as Mark Nigon from his Colorado Driver's License. When I opened the rear door, I could smell an odor of an unknown alcoholic beverage, I asked Nigon how many drinks he had, and I received a silent response. Nigon asked for me to repeat the question, so I asked again. I was again met with a silent response. I noticed that Nigon1 s arms were behind his back and asked if he was in handcuffs, Nigon replied with a 'yes'.
I asked Nigon if he was willing to participate in roadside maneuvers and Nigon replied a 'no'. I then advised him that he was under arrest, advised the Expressed Consent Law, and asked if he was willing to participate in a chemical, blood or breath, test. Nigon again told me, 'no' at approximately 0038 Hrs. Agent ***** took custody of Nigon and transported him to the Swedish Medical Center for a medical clearance.
Agents ********** and ****** responded to the scene to assist with the investigation. Measurements of the vehicles and roadway evidence were taken to be later plotted onto a diagram. Agent ********* completed the Vehicular Assault report while Agent ****** completed a hand drawn diagram of the collision scene. The measurements were taken from the street light pole. The street light pole, 21/4 69/34/51, was the reference point.