Mark Nigon Police Report #3

AT 0023 HOURS, AGENT*******AND MYSELF WERE MONITORING THE NORTHBOUND TRAFFIC OF S KIPLING PARKWAY. WE WERE PARKED ON THE CENTER MEDIAN IN THE 1700 BLOCK OF S KIPLING PARKWAY. WE WERE BOTH IN OUR PATROL VEHICLES, FACING SOUTH.

AT 0023 HOURS, WE OBSERVED A BLACK 1993 DODGE PICKUP TRUCK, WITH LICENSE PLATE 3ML2038 DRIVING SOUTHBOUND, IN THE NORTHBOUND LANES. THE TRUCK WAS DRIVING IN LANE # 1. AT THAT TIME, AGENT ******* AND MYSELF IMMEDIATELY ACTIVATED OUR OVERHEAD EMERGENCY LIGHT AND SIRENS. WE FOLLOWED BEHIND THE TRUCK AND IT FAILED TO PULL OVER.

IN THE 1800 BLOCK OF S KIPLING PARKWAY, A RED 1994 JEEP, WITH LICENSE PLATE ******* WAS TRAVELING NORTHBOUND, IN THE NORTHBOUND LANES. THE JEEP WAS TRAVELING IN LANE # 1. THE TRUCK AND THE JEEP COLLIDED, HEAD ON. AFTER THE VEHICLES COLLIDED, THEY CAME TO REST INTHE CENTER MEDIAN.

I CONTACTED TO DRIVER OF THE TRUCK. HE WAS IDENTIFIED AS MARK NIGON. MARK HAD A VERY STRONG ODOR OF ALCOHOL ON HIS BREATH AND RED BLOOD SHOT EYES. WHEN ASKED HOW MUCH ALCOHOL HE HAD CONSUMED THROUGHOUT THE EVENING, MARK STATED 'WAY TOO MUCH'. BECAUSE MARK WAS JUST INVOLVED IN A TRAFFIC ACCIDENT, I DID NOT ASK HIM TO PREFORM VOLUNTARY ROADSIDE MANEUVERS.

BASED ON MY OBSERVATIONS OF MARK DRIVING, THE ACCIDENT, THE ODOR OF ALCOHOL ON HIS BREATH, AND HIS STATEMENTS, PROBABLE CAUSE WAS DEVELOPED TO ARREST MARK FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL.

AFTER IN CUSTODY, AGENT **** ADVISED MARK OF EXPRESS CONSENT, AND HE WAS GIVEN THE CHOICE OF A BLOOD OR BREATH TEST TO DETERMINE HIS BLOOD ALCOHOL CONCENTRATION. MARK REFUSED TO SUBMIT TO A TEST.

THE DRIVER OF THE JEEP WAS IDENTIFIED AS ************. THE FRONT SEAT PASSENGER OF THE JEEP WAS IDENTIFIED AS ***********. ACCORDING TO DR ****, AT THE SWEDISH MEDICAL CENTER, ******* SUFFERED SEVERAL BROKEN BONES IN HIS RIGHT LEG.

BECAUSE SERIOUS BODILY INJURY WAS INVOLVED, I TRANSPORTED MARK TO THE SWEDISH MEDICAL CENTER WHERE A FELONY BLOOD DRAW WAS PREFORMED. MARK1 S BLOOD WAS DRAWN BY PHELBOTOMIST BAKER, AT 0123 HOURS, 0152 HOURS, AND AT 0223 HOURS.

MARK WAS THEN BOOKED AT THE LAKEWOOD POLICE DEPARTMENT AND CHARGED WITH DUI, RECKLESS DRIVING, AND VEHICULAR ASSAULT. WHILE AT THE POLICE STATION, I ADVISED MARK OF HIS CONSTITUTIONAL RIGHTS PER MIRANDA. MARK TOLD ME THAT HE UNDERSTOOD HIS RIGHTS AND HE CHOSE TO ANSWER SOME MORE QUESTIONS. WHEN ASKED HOW MUCH ALCOHOL HE HAD CONSUMED, MARK ADVISED ME THAT HE COULD NOT REMEMBER. MARK ALSO ADVISED ME THAT HE WAS DRINKING ALCOHOL AT A FRIENDS HOUSE, NOT AT A BAR.

MARK WAS THEN TRANSPORTED AND LODGED AT THE JEFFERSON COUNTY JAIL.