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

earlduck

hey give him a break,he knew he had too much and stopped to sleep it off,could have been handled better,but he didn't drive down the road and i'm sure he wanted to be other places

mcgoff01

Give him a break? Never should have driven. Really? Would he give you one??

Didn't drive down the road?? Drove from bar to gas station. What, went through a field?

Didn't say if had firearm on him. If knew better than not to carry when drunk, should know not to drive.

eat my shorts's picture
eat my shorts

Yeah cut him a break. We all make mistakes, do we not? He realized he drank too much so he pulled the car over. Also, let's not forget it was noted how he was very polite and cooperative. All I'm saying is to give the poor guy a chance to make amends.

mcgoff01

Sorry I was drunk and killed your family, I made a mistake. Please??

I'd be polite too if I was a State Trooper driving drunk. He knew he f'd up, pay the piper now.

eat my shorts's picture
eat my shorts

Lighten up it was sarcasm.

truckin

Sounds like he stopped to puke

KURTje

Did this read right? OSP will investigate themselves?

Dusty

They have a special division that handles in house discipline. (They have a strong union) He'll also face the same court that you or I do.

itsoknow67

Send him to cbcf. If it were a regular person they would mash as hard as they could. He is a highway patrol, for sure should no better more then anyone. A break he//.. they should hammer him. There is one for Mikey calendar. .

Nettiewata

Give him a break?!?!?!? Why should he be treated any differently than any one else? If it were a regular citizen they would most likely gotten a DUI arrest for the same thing. I had a friend who was passed out in the passengers seat of his friends truck in the friend's apartment complex parking lot and the friend had the keys inside the apartment with him yet my friend got arrested for DUI. This happened in Sandusky. No one gave him a break. I say he broke the law and he should be punished like everyone else would be punished.

truckin

I never heard of physical control.
Either way, job or not, polite or not he will always know in the back of his mind he spent his life as a hypocrite.

But look at it this way, he has been with the patrol since 1990, which means he could have already took retirement. So i do see this working as retirement, full pay/benefit package. Amazing
Not many get that closure.

J Cooper

Must be nice never to have made a mistake in your life as most of the bloggers seem to think. I am not defending his actions, he should known better and got what he deserved. My guess after the administrative investigation is that at the very least it will be Trooper, not Sargent with extended time off without pay and mandatory alcohol counseling. Any future violation of any type will result in him being unemployed. As for him retiring, at age 47 he is not eligible for retirement.

truckin

1st.. Oh yes he is... 20 and out, ask, look it up!
2nd. I am just a "truck driver"(supposed ignorant human) who before going out to do ANY drinking, get my plans-d.driver, spouse agreement, etc. in line ....BEFORE...

J Cooper

No, you must be 48 years old, (in my opinion way to young to retire) as mandated by state law for OSP retirement. No one called you ignorant, I usually agree with you on many topics.

Filibuster

@truckin

The minimum retirement age for a State Trooper is 48.
At age 48 with 25 years of service an officers retirement benefit would be 51.5% of his final average salary (best 3 years).
So if his final average salary was $50,000 his pension would be $25,750 per year or $495 per week. Hardly going to live large on that pension :)

Just a truck driver??? You guys have one of the toughest jobs there is. And made nearly impossible by all the regulations and red tape enforced by the bozos at various law enforcement agencies.

truckin

less than a year to push paperwork and postpone union hearings..
ok 48 excuuuuuse me still 20 n out
heck i was able to retire@38,
never too young
never too much money
never a lady too pretty

truckin

I already realize the 1 yr left, i knew it was something close
but
Try 70,000+ public record) and in all reality i could live on 1/2 that as many others could, especially him with same career with no gaps, he should have his house paid off and some other investments..
If not is that my problem, and that is the whole problem with our economy, beside jobs going automated..
No One RETIRES.. greed and more more more and no position is opened for the next generation.
These retirements and agreements were set up as such, for that fact. But so many feel they need more and more, Going out, AFTER there kids are grown and thinking they now need a bigger house????
I spend money like most, vacations, new cars etc, also have jumped to multiple carriers thru my life, child supports, multiple ex-wives, young'ins now, state to state moves and still somehow managed to to have a clear deed and clear title to semi. and yes i could live on 30 a year if wanted too and very close to this guys age.
So it just tells me this "trooper" is as reckless thru life as getting drunk and driving to the point of puking..
Real good image..

truckin

but then again, i don't have some desk job agreement thru a union in which to continue my income...
tit for thought...

shovelhead

I make mistakes all the time, but I still hate cops. I say give him the same as everyone else gets. Fat chance on that one.

J Cooper

"I hate cops" now that's all anyone needs to know on your character, and he did get what other first time offenders get, in fact many of them receive a reduction to reckless operation, a lesser charge.

shovelhead

Whatever Coop. I am allowed to hate cops. The Rolling Stones said it best...."Every cop is a criminal"

J Cooper

You are allowed to hate anyone you choose, ignorance has no restrictions.

shovelhead

Good luck believing that you are smarter than everyone. Tell us oh wise one...

By reading the posts you put up, I'll bet that you are a cop, or are related to one. That explains the personal attacks. I won't stoop to your level, but I still hate cops.

When I get ticketed for 58 in a 55, I hate cops. When they discredit people to make the petty charges seem horrific, I hate cops. When I get stopped in an unconstitutional road block & asked for my papers....

J Cooper

Smarter than you, not a challenge, so much hate, so little knowledge.

shovelhead

Another shovelhead fan is born. Funny how it's only cops that I seem to bother....(don't lie either, cop).

J Cooper

Your fans, do they include the multiple voices you must hear? You should be so proud of your 6th grade education....

shovelhead

Yes! Just like a cop. I have an opinion, so therefore I must be stupid, ignorant & live in a rented trailer with 4 cats that I abuse on a regular basis. Don't forget to add that I hate old people & dogs. I probably cheat on my wife & my taxes too. That should do it....another discrediting cop heard from. Now go rub one out with your cop buddy from out west. You should be happy this guy screwed up, you might just get a promotion! We're all "pulling" for you here at home!

J Cooper

Great personal profile, but I thought it was 12 cats, did some leave for a better home, enough said.

shovelhead

Good one. Sigh.

TheLegend

I have to hand it to both of you. This is the first argument I have read in a long time that is loaded with correct spelling and punctuation! I would assume that both of you graduated high school and have moved on to better things in your life. Regardless of topic, I want to give you both a "thumbs up" from myself. Shovelhead hates cops, Cooper might be one, WHO CARES, THEY CAN SPELL!!!!!!

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