"Unlawful Arrest..."
- Aaron X.
- Mar 26, 2024
- 5 min read
Updated: Oct 10, 2024
E-mail to public defender 8/13/2021:
Mr. LaRon Gilchrist,
We have not formally met but I was assigned to your case load. My name is Aaron Henton and my court date is September 21st at 10:00 am I scheduled an appointment with your office for August 24th, 2021 at 2:30 pm. Here is a run down of my charges and case:
Offenses: DWI 1st Offense, 2x disorderly conduct & Obstruction of justice
These were the stated offenses on the mail I recieved; however, I also have a warrant of arrest for a violation of section 18.2-415.
DWI 1st Offense:
Violation 18.2-266 Code of Virginia: drive or operate a motor vehicle while having a blood alcohol concentration of 0.08 or more by weight by volume or 0.08 grams or more per 210 liters of breath; or while under the influence of alcohol; -------------to a degree which impaired the accused’s ability to drive or operate a motor vehicle safely.
Disorderly Conduct & Obstruction of Justice:
Violation 18.2-415 Code of Virginia: commit an act of disorderly conduct while in a public place with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, by engaging in conduct having a direct tendency to cause acts of violence by the person or persons at whom such conduct was directed.
Violation 18.2-460 Code of Virginia: without just cause, knowingly obstruct a law-enforcement officer in the performance of duties as such, or fail or refuse to cease such obstruction without just cause when requested to do so.
I was at a bar and received a call from a friend stating that he had been in a car accident. I went to pick him and his mother up. When I arrived at the scene, location: Hardee’s at the intersection of Godwin and Main Street, there were 4-5 police officers arresting my friend, his mother was standing next to a heavily damaged vehicle with noticeable abrasions and ripped clothing. I immediately began asking the officer what was going on and why they were arresting my friend. I feel that this would be normal behavior for anyone who comes to a scene of a car accident where people they care about could possibly be injuried. However, the cops did not see it in the manner.<----- 1st Obstruction of Justice.
After explaining that I was coming from a bar to help a friend and his mother, an officer pulled me to the side and stated that they “suspected” I was driving under the influence and asked if I would take a field sobriety test. Me, thinking to myself why would I submit to a field sobriety test if I was not actively in the process of driving or even near my vehicle... This seemed to be only the result from a pride injured officer due to the want to retaliate so I submitted. I felt like I passed the entirety of the test no wobbles on the walk down, no slurring, and nystagmus test clear, but the officer “stated” that I failed, but as any qualitative test that is subjective.
The officer than asked if I he could administer a breathalyzer. Knowing my rights and general law enforcement procedures and protocols I stated "No", because in my opinion I passed the field sobriety test, as soon as I said "No", 2 officer’s flanked me and began trying to handcuff me while the other officer stated I was under arrest. I then began to resist the arrest. After about 6 seconds of resisting I submitted and stated that I would take the breathalyzer but they stated I was already under arrest. <---- 2nd Obstruction of Justice and DWI 1st Offense.
From my perspective, I had come to assist a friend and his mother and than ended up getting arrested for DWI. The funny part was there was no ambulance or any other type of first responder vehicle that would usually be called immediately when an accident of that magnitude occurs. My friends mother was limping around the scene with ripped clothes and visible blood, the airbags in the car had deployed, the front was completely smashed, and I arrive to see them not being put in the back of an ambulance but a cop car. Had he sustained any trauma to his head he possibly could have had a concussion and died in jail.
Fortunately that did not happen; however, that’s when I started getting angry and I apologize for calling them pigs possibly spitting in their general direction, and insinuating that they didn’t even know how to do their job (why arrest the guy that came to help...), laughing at the cop in his face as he “read” my Miranda rights from a piece of paper instead of having them memorized you know cause that’s like your job, telling them over and over again that I was not over 0.08 therefore being arrested unlawfully. I sincerely am apologetic, I know they were just doing their jobs and I could have handled that situation differently but I wasn’t resisting to obstruct I was standing for my rights as an American Citizen. They did state that the limit was between 0.02 to 0.08 but that is not stated in the actual code. I think that was where the error occured in interpretation of this law. It does state a blood concentration of 0.02 milligrams per liter of blood is a violation; however, this is in regards to cocaine.
When we arrived at the precinct to speak with the magistrate about incarceration/bail my friend was there and we exchanged pleasantries. Interesting to note, he had been in a major accident, was “driving?” under the influence, and possibly reckless endangerment and did not have to put up bail and they let him go in the morning “a sleep it off” situation; however, me, the guy who came to help, did not put anyone in danger, was not pulled over for swerving or driving erratically, or driving at all, had a bond set at $2,000 all of this after blowing a 0.05 at the precinct (under the limit yet still arrested causing monetary loss as well as wasting time). I do have the certificate of blood alcohol analysis signed and dated as evidence of this. Again I was arrested for violation of Section 18.2-266 that states violation parameters are, verbatim, “having a blood alcohol concentration of 0.08 percent or more per 210 liters of breath as indicated by a chemical test".
As for the violation of 18.2-460, the “Obstruction of Justice”, the Code of Virginia clearly states “without just cause” and “knowingly” obstructing a law-enforcement officer in the performance of duties “or fail” or “refuse” to cease such obstruction “without just cause” when requested to do so. I feel in this situation I clearly was justified as I felt I was “standing up for my rights”; however, this can be seen as a matter of opinion. I felt that I was arrested unlawfully and due to this unlawful arrest I experienced a traumatic event as well as sustained monetary loss in multiple forms:
-$200 for bail from arrest
-$140+-40 for towing and impound fees
-a night in a 8 by 8 ft. on a +/-3 ft. metal bench
This for coming to help a friend and his mother after a major accident. They say let the punish fit the crime… justice I think not… Injustice definitely…
That about sums it up if you have any questions feel free to contact me through this e-mail or by phone @ 757-513-1050.
Thanks,
Aaron X. Henton
These charges were dropped except for the obstruction of justice; however, I feel no charge should have been had due to the initial obstuction being resultant of a reaction to my behavior when I arrived on scene. The subsequent overturned felony charge may or may not have caused monetary loss due to background investigation failure while awaiting trial.
The definition of "operation" actively???
--at the time of arrest
--not subsequent to traffic or other recording device analysis
-I wasn't in the car or operating a vehicle...