Writing
October 14, 2006
DUI Cases Will Get Dropped; Officer's Death Leaves No Witnesses in Court
By KATIE NELSON / The Arizona Republic
More than 100 drivers arrested on suspicion of drunken driving in Tempe will likely see their cases dropped as a result of an accident that killed a DUI-squad police officer.
When Officer Kevin Weeks, 28, crashed his police motorcycle on Sept. 28, it didn't just end his life and brief law enforcement career. It also abruptly stopped prosecution of Weeks' open DUI cases advancing through the court system.
The reason: no witness, no case.
For 106 suspected DUI offenders, that likely means no nights in jail, no need to pay thousands in fines, no counseling, no community service and no in-car breath tests.
"We deal with this in other situations, like when an officer leaves the department or is terminated," said Robert Hubbard, Tempe's city prosecutor. "But generally it doesn't have this much impact. Kevin was just so prolific. He was just so good at what he did. It affects us in a much greater respect."
In 2005, Weeks had more DUI arrests than virtually everyone else in his department of 326 sworn officers.
Last year, Weeks was responsible for 583 DUI court case filings in Tempe's court, records show. That is more than 10 percent of the DUI cases filed there in 2005.
The Valley native worked in a seven-person DUI squad that scouts Tempe's streets for drunken drivers on weekend nights. He arrested two people the night he died, before crashing on southbound Loop 202 on his way home to Chandler.
Tempe, with 400 liquor licenses within its 40 square miles, ranks at the top of Valley cities when it comes to drunken drivers, police say. Tempe's DUI squad nightly pulls over 75 to 100 people suspected of being intoxicated.
After a DUI arrest, the case goes to Tempe's Municipal Court. Currently, Weeks is listed as the sole investigating officer for 106 active DUI cases. In other words, he was the only one who could testify that his process, analysis and judgment were sound and within the legal bounds of DUI law.
Because of Weeks' death, the defendant has no chance to question his or her accuser, a right in our legal system. As a result, the cases will be dropped or dismissed.
"It's what is fair," Hubbard said. "We would never want to be prosecuting people based on whatever someone said in a report. That's a slope none of us wants to go down."
It's possible a handful of cases could go forward if Weeks had done some type of testimony already, Hubbard said. But the vast majority will be thrown out.
"It's frustrating that all these people will get off," said Sgt. John Butler, Weeks' supervisor. "But there's nothing I can do about it. We just move on. If anything, these guys (Tempe's squad) are even more passionate about DUI enforcement."
Tempe DUI defense attorney Mark Weingart has five cases where Weeks was the arresting officer. He said clients called him soon after Weeks' death to find out how their cases would be affected.
"When the time is right, the prosecutor's office will dismiss the cases, and it will be done very quietly," Weingart said. "It (Weeks' death) was not a good thing. It's just not. Tempe has this wonderful history of not having lost officers for so many years. If affects the whole community. We practice there, and we live there, too. It goes beyond just being a defense lawyer."
The investigation into Weeks' fatal accident is ongoing.