NASHVILLE, Tenn. (WTVF) — Three DUI cases uncovered by NewsChannel 5 Investigates reveal how the system for prosecuting drunk and impaired drivers really works in the city of Nashville.
In all three cases, there was overwhelming evidence — including police bodycam videos — that the drivers were impaired. One was even caught on video assaulting officers.
But in all three cases, the defendants got off scot-free when the charges were dropped.
"For one of the few times in my life, I am really speechless," said Norris Skelley, legislative liaison for Mothers Against Drunk Driving. "I don't know what to say about that."
This follows news that Nashville DA Glenn Funk has given up state funding for DUI prosecutions, although he refuses to say why.
Related story: Nashville DA rejects $354,000 in state money for DUI prosecutions
NewsChannel 5 Investigates crunched the numbers and discovered that, in 2017-2021, less than half of the people charged with DUI in Davidson County were convicted as charged — just under 46%.
That compares to more than 70% convicted statewide, according to data from the Tennessee Highway Safety Office.
In Nashville, 43% pleaded guilty to reduced charges, either reckless driving or reckless endangerment.
And almost one out of 10 had their charges dismissed or retired.
That's almost 600 cases.
Example 1: 'Not competent'
One example: a 31-year-old Nashville man arrested for driving under the influence along Nolensville Pike on March 8, 2022.
Police were dispatched to the scene after the man repeatedly called 911 from his car.
Police bodycam video shows that, when an officer found him sitting in his car in a parking lot, the officer had difficulty getting the man to understand his commands to put the car in park.
"Hey, put it in park for me, OK?" the officer says, as the man pulls the car into a grassy area. "OK, just park it right here. OK, right here. You're good."
As the driver continues pulling forward slightly, the officer repeats, "Stop, stop. Hey, hey, hey, put it in park, put it in park."
"Alright," the driver replies.
"No, no," the officer continues. "It's not in park. It's in reverse."
"Alright, let me park it," the man says, eventually exiting his vehicle.
The officer continues, "Hey, talk to me. What's going on tonight? What's going on tonight, man? What's up, man? Hey, what are you doing?"
Slowly, the driver responds, "I don't know you."
Officers quickly suspect he's driving under the influence.
Suspect: "I'm not driving."
Officer: "You was driving when I got here, OK?"
Suspect: "No, no."
Officer: "You wouldn't put it in park."
Suspect: "No."
Officer: "Yes, you did. Ok, how much have you had to drink tonight?"
Suspect: "Uh, I drank one beer."
In fact, the man has been here before — arrested at least once five years ago on DUI charges that, for some reason, prosecutors decided to dismiss. And his criminal record shows a lengthy history of arrests for public intoxication.
Suspect: "I'm not driving no more."
Officer: "No, no. It's too late. Come on."
Suspect: "No, I'm not driving no more in my life."
Officer: "Come over here with me."
The man eventually agrees to do a field sobriety test.
"I'm going to stand here, but after then please no tell me you're going to take me to jail," the driver pleads.
Doing the heel-to-toe test along a white line in the parking lot, the man struggles to maintain his balance and comes up with a unique excuse.
"It's the problem with the line, not my problem," he says.
At this point, the man is taken into custody where, according to police, he would later admit to drinking "a lot."
But look up that case in court files today, and you won't find anything.
The case has been dismissed and expunged as if it never happened.
Sources familiar with the case say there were questions about the man being competent to stand trial, but — rather than fighting it — DA Glenn Funk's office decided just to drop the whole thing and put him back out on the streets.
The Tennessee Department of Safety tells NewsChannel 5 that they have no record that the DA's office went after the man's driver's license, restricting his ability to drive a car that's capable of killing innocent people.
As of today, the state says he can legally be out there on the streets of Nashville.
"They are competent enough to get in an automobile and operate it on the roadways," MADD's Norris Skelley observed. "It may not be in a safe matter. But if they can make those decisions, they should be held accountable for their actions."
Fraternal Order of Police president James Smallwood agreed.
"If you are competent enough to pursue getting your case expunged, you're competent enough to build a case with your attorney for your own defense," he added.
In fact, our NewsChannel 5 investigation found several cases like it, where psychiatric evaluations indicated that defendants were sane at the time of their DUI's but were supposedly not competent to understand the charges and assist in their defense.
Two other elected DAs from Middle Tennessee tell NewsChannel 5 Investigates this is not an argument they would willingly accept.
"We now have body cameras. We have officer statements. We have witness statements. There is compounding evidence to show what happened and how this individual found themselves in that position. The defense of a DUI is not that difficult," Smallwood said.
We asked, "They are either drunk or they're not?"
"They're either drunk or they're not," the FOP president agreed.
Example 2: 'Failure to prosecute'
Then, there's the case of a 36-year-old Chapmansboro, Tennessee, man arrested on March 1, 2021, in Nashville
The driver had crashed his van into several vehicles in a North Nashville neighborhood after getting high on drugs, eventually plowing into a resident's fence. The man was unconscious behind the wheel of the van when police arrived.
Police video shows one of the first responders immediately calls for the overdose treatment Narcan.
"Narcan? I've got some in my car, I've got some," an officer says, as he sprints to his patrol car.
Emergency personnel quickly hit the driver with two doses of Narcan.
"He's still breathing, just shallow?" one officer asks.
A medic answers, "Yeah, he's really settled. He's definitely overdosing."
After being treated at the hospital, the man was taken to jail and booked for driving under the influence. According to the arrest report, the man "admitted to taking heroin prior to driving his vehicle."
But when the case got to court, docket notes from the DA's office show it was dismissed for "FTP" — failure to prosecute — when the officer didn't show up.
Emails show the officer was on FMLA that day, and the assistant DA had released him from his subpoena.
"If you look at the history of these cases, several of them have been delayed days, weeks, months," FOP's James Smallwood said, noting that officers may repeatedly show up for court only to have cases dismissed on the one day when they have scheduling conflicts.
"And then if one day after several delays the officer doesn't show, we say, oh, it's failure to prosecute. That's a little bit ridiculous."
NewsChannel 5 Investigates found a similar case where a repeat offender was charged with DUI third offense. Dockets show the officer was on military duty for three months, so the DA's office dropped all charges.
We asked Smallwood, "If a judge dismisses for failure to prosecute, you can take it to a grand jury?"
"Absolutely," he agreed. "He can make an indictment and follow up on it later and, guess what, that officer is more than likely to be available at the later date."
Example 3: 'He's military'
Then, there's a multi-vehicle collision in South Nashville on March 8, 2022, a crash involving four cars, but luckily no injuries.
Police video shows the driver, who's throwing up as officers try to talk to him, appears to have trouble comprehending basic questions.
An officer asks, "Where are you coming from?"
The suspect appears perplexed by the question.
Suspect: "I'm sorry, what?"
Officer: "Where are you coming from?"
Suspect: "What do you mean?"
Officer: "Where have you been tonight?"
Suspect: "I'm sorry."
Inside his truck, officers find a loaded gun.
He's taken into custody.
But when they get him to jail, the suspect suddenly decides to kick one of the officers. And when he's pinned against the wall, he kicks again.
Officers take him to the floor.
"Think that's a good choice?" one officer asks, as the suspect moans. "That's not a good choice. Don't do that."
But when the case got to court, the charges were dropped. Prosecutors would later tell police that — because the man was military — they'd just let his superiors deal with him, according to police spokesperson Don Aaron.
Smallwood's reaction: "Why are we not holding that individual accountable for what they did here? Why are we not saying, in Nashville, you don't assault a police officer? In Nashville, you don't drive drunk and victimize somebody else?"
NewsChannel 5 Investigates asked, "What message does this send to officers?"
He answered, "That we're not going to prosecute people that you've removed from this environment. We're not going to take crime seriously. That's what it looks like to us."
NewsChannel 5 reached out to the DA's office, figuring citizens deserve an explanation for what happened with these cases.
But they continue to ignore our requests for comment.
The attorneys for the three DUI suspects also declined to comment.
Do you have information for our investigation? Email us: investigate@newschannel5.com
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