Trooper found guilty of drunk driving offense

Highway Patrol undergoing 'administrative investigation' involving Norwalk's assistant post commander
Cary Ashby
Aug 6, 2014

A long-time state trooper has been found guilty of physical control in connection with a drunken-driving incident over the weekend.

Sgt. Tony J. Myers, 47, of Huron, pleaded no contest to physical control Tuesday in Huron Municipal Court, said Julie Ortega, clerk of courts. Judge William Steuk ordered Myers to pay a total of $1,015 in fines and court costs.

Eighty-seven days of a 90-day jail sentence will be suspended on the condition Myers remains a law-abiding citizen for the next two years, Ortega said. The clerk of courts said the remaining three days can be served in the Erie County Jail or Myers can undergo a three-day driver intervention program.

Myers also had his driver's license suspended for one year. However, Ortega said the defendant will have driving privileges for work, including being able to drive as part of his job with the state Highway Patrol. Myers is an assistant post commander in Norwalk.

Originally, Myers was charged with driving under the influence in connection with Huron Police Officer Thomas Sheridan finding a black Toyota car parked in the Shell gas station parking lot while he was on patrol about 3:30 a.m. Sunday.

"The driver and the passenger were slumped over and the driver was also hanging partially out of his open door," Sheridan wrote in his report.

"As I approached the driver's side of the vehicle and while speaking with the subjects, I observed a large amount of vomit all over the inside of the vehicle, along the vehicle's running boards and on the blacktop outside of the vehicle," said Sheridan, who identified the driver as Myers and the passenger as Myers' 42-year-old girlfriend.

When asked how much alcohol he had, Myers said "I've had a lot," according to the report.

Sheridan said he detected "an overwhelming odor of intoxicants" coming from Myers, whose eyes were red and glassy, had slurred speech and was "unsteady on his feet."

Myers said he and his girlfriend were at Main Street Tavern that night "when he decided to drive home," but he "then realized he was too intoxicated to drive, forcing him to stop in the parking lot of the Main Street Shell," according to the officer's report. Main Street Tavern and the gas station are a short distance apart from one another, with a set of railroad tracks in between them.

"You've got me for physical control, but you didn't see me drive," Myers told the officer, referring to a lesser criminal offense than DUI.

Myers, whom police said refused to submit to any sobriety tests, was handcuffed and placed in the back of Sheridan's cruiser. Officer Joseph England assisted at the scene. Police transported Myers' girlfriend to the station to wait for her ride. They were released later to one of Myers' relatives.

"It should be noted that Mr. Myers was very cooperative and polite throughout the arrest process," Sheridan wrote in his report.

The patrol has begun an administrative investigation into the incident, Sgt. Vincent Shirey told the Reflector.

"The Ohio State Highway Patrol took immediate action upon learning of the incident involving Sgt. Myers. (The) OSP takes these allegations seriously and a thorough administrative investigation will be completed," the patrol spokesman said.

"Currently, Sgt. Myers is using his own leave. Once Sgt. Myers obtains occupational driving privileges, through the court, he will begin administrative duties. He will remain on administrative duties until the conclusion of the administrative investigation," Shirey said.

The patrol spokesman was asked what are the possible ramifications or consequences for Myers.

"Sgt. Myers will be placed on administrative duties once he obtains occupational driving privileges through the court. Sgt. Myers is facing penalties, up to and including, termination," Shirey said.

Myers has been a trooper since 1990. In addition to working at the Norwalk post, he has been assigned to the Milan, Sandusky and Swanton posts.

Comments

mb5150

yes, he should not have been driving, but at least he did stop and pull over. and, in typical arrogant police officer fashion, he was able to tell arresting officer what he was going to be charged with. anyone else would have been given a dui. period. doesnt matter if they saw him or not. were keys in ignition? bet they were ; )

2008HD

well @ least this hoppie wasn't caught /w his pants down beating off /w his girl friends son.

eman975

I believe if you read.. he did get pretty much what everybody else gets

ladydye_5

How many realize that FIRST time DUI's never actually are tried and convicted as DUI's? They are pled down, given lesser crimes, usually no time served, no license lost, nothing more than a slap on the wrist. Lawyers have it down to a science how to get someone off a First offense DUI. I know of one that got a DUI dropped (not even her first) because her lawyer said she "wasn't swerving" due to the fact the white line on the side of the road was painted wavy and not straight! Never mind the fact she blew OVER the limit. The officer pulled her over for false reasons!! It was all thrown out of court. Rarely do first time offenses get the book thrown at them.

Curtis

You have absolutely no idea what you are talking about. Each and every DUI is unique and different (that means they are not the same) and to generalize as you have shows a complete and utter lack of understanding of the entire process. Your post may be farther off base than any I have ever seen! WOW!

ladydye_5

Oh, please explain. Yes. Each and every one is different (I know what that means, thanks for explaining that to me). But if you are charged with a DUI and your lawyer gets you to plead down to a lesser crime due to some technicality what do you call that? (my personal disclaimer) Some first time DUI's are pled down ...not all. I have seen/heard of SOME first time DUI's that are reduced to other charges.

Curtis

When your whole future is riding on the results produced by a machine there are no "technicalities". Have you ever put your money in a vending machine and not gotten your product? There's your "technicality". Are DUI's reduce, you bet they are. Is it appropriate, in many case yes. But you cannot condemn the entire process because of what you have heard. Get educated.

puppylove1

Curtis, It sounds like ladydye doesn't know you're a lawyer, especially one who is damn good at handling DUI's. I thought you were worth every penny when I got charged with a DUI even though I wasn't under the influence of ANYTHING. Thanks to you I only ended up with wreckless operation. You really saved me from being screwed over for something I didn't do.

ladydye_5

When you can get your DUI dropped after blowing OVER the limit just because the cop pulled you over for swerving due to the line being painted on the road improperly....that is a crock of bullsh@t. Yes, I agree some are reduced. But if you are out drinking and get pulled over, fricking be an adult about it and own it. Quit whining. That was your choice. You did it and no one forced you to do it.

earlduck

ladydye you know so much,40 yrs ago a lawyer could delay an appearance indefinitely,give him several hundred and get out,i don't think thats the case anymore

Most Wanted

I would just like to say that although I do not condone the action, I have personally known Tony Myers for over 20 years. Known him thru several different avenues. Work in the younger years, kids, etc...don't care to elaborate on here. I didn't know he was a cop! He's just always been a very nice person that I've enjoyed knowing over the years and I'm very glad to hear he had the common sense to pull over. Maybe, just maybe his job is what gave him the common sense to do so? Sometimes we do stupid things in life. Glad no one got hurt.

truckin

He pulled over due to the fact...he or she puked! Read that

J Cooper

Myers said he and his girlfriend were at Main Street Tavern that night "when he decided to drive home," but he "then realized he was too intoxicated to drive, forcing him to stop in the parking lot of the Main Street Shell," according to the officer's report.

Most Wanted

That's fine. You're reading a newspaper article. I'm just giving my personal opinion of someone I've know for 20 years...wasn't trying to change the world...just saying sometimes there is the "News" and sometimes there is a "person" involved. Everyone was hitting the "cop" part of it. I've known him for 20 years and didn't even know he was a cop. I've spent at times 15 hours a day with him at certain places and did not know he was a cop. I've just always known him as a good person. End of my opinion.

TheGravyWhisperer

...interesting range of comments here ...sounds to me like the guy got the same whack any of us would get
...I don't think anyone should lose a career over it; let him cruise a desk til its time for the cake and cards...

Cliff Cannon

@ T.G.W. : Well put.

JACKEL

I wonder how many DUI's he will issue !

Tippythehippy's picture
Tippythehippy

Wish I would have got off that easy......I drove less than a mile and stopped at a friends house. Even though I made it to my destination safely...they threw the book at me! I paid over $2500 in fines and court costs, lost my driving privileges for 2 years, had to go to jail AND "rehab" All because I had a few beers and drove a block. Dont let this cop off with "ill abide by the law for 2 years" Guess what bub.....shoulda followed the laws you enforce so strictly.

J Cooper

Sounds like you had more than one DUI.

puppylove1

I think you're right.

puppylove1

accidental repeat

earlduck

yeah tippy your screen name is appropriate,shame on you boy

NORBILLIES

Blew chunks in his own car? What a lightweight.

rlpup

As a driver who carry a CDL. I would loose my job!!!!! NO second chances!!!!!!!!!!!

rlpup

Oh but I'm a professional. An there not!!!! Right Cliff

Cliff Cannon

@ripup: Yes we would loose our truck driving job's for testing .04 ( half of what a standard DUI level would be ) and that always ticked me off as being very unfair. As why should a working man or women loose their job for a moment of stupidity on the weekend ? After all folks on welfare don't loose their benefits for a moment of stupidity do they ?

Which is why I agree with " The GravyWhisperer " here and say let Sgt. Myers finish out his time till retirement. Because let's face it. He has indeed paid for his crime already, hasn't he ?

TheGravyWhisperer

...wow, did not know that reg about lower allowances for truckers ...that's harsh...

Cliff Cannon

Agreed. Perhaps, some things, some day might change to make life a bit easier for over the road drivers. But I tend to doubt it. Since I came off the road in '08 The D.O.T. has made it tougher on drivers than ever before. Not saying some don't need tough regs to keep them in line. Just that many of these regs, add some serious costs to the consumer,while putting good drivers out of work.

Great day to you

TheGravyWhisperer

...and you too, sir

earlduck

I could agree with that low figure if a driver is driving a rig at the time,but otherwise the same .08 should apply.
people should not lose job due to a moment of stupidity,glad you pointed that out cliff,I wonder how frequently truckers get into this problem

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