BY EARNEST WINSTON
The Cincinnati Enquirer
NEWPORT -- As early as Thursday, a grand jury could hear details of how a three-time offender avoided drunken driving charges on one day from a police officer and was charged five days later by a police supervisor. Newport Police Officer Mark Crank did not charge the man with drunken driving on Feb. 20 despite witnesses' accounts.
Officer Crank wrote in his report that Elmer Ray Turner was "manifestly under the influence of alcohol" when he investigated an incident at the drive-through window at the White Castle at Fifth and York streets.
The driving under the influence charge came five days later, on Feb. 25, after White Castle employees complained about what they thought was lax punishment by Officer Crank. A police supervisor, Sgt. Coy Cox, intervened.
"It's an extremely odd case," Newport attorney Tom Beiting said on behalf of Mr. Turner. "It's a wild case, that's for sure. What's missing out of this case is common sense."
Mr. Beiting said the matter comes down to one thing: an internal departmental squabble with his client caught in the middle.
White Castle employeescalled police to the store Feb. 20 because a "sloppy drunk" customer was causing trouble at the drive-through window.
When Officer Crank arrived shortly before midnight, he found Mr. Turner behind the wheel at the drive-through. Mr. Turner, 37, would later park the vehicle, at the officer's request.
Mr. Turner had three DUI offenses in the past four years and two other offenses for driving under suspension in 1995. His alcohol-related convictions were in Kenton and Campbell counties, public records show.
Officer Crank cited Mr. Turner for alcohol intoxication and released him to his spouse, according to the report filed by the officer.
"Manifestly under the influence of alcohol with slurred speech, bloodshot eyes," is how Officer Crank described Mr. Turner's actions in his report.
Newport Police Chief Thomas Fromme said Officer Crank never saw Mr. Turner operate the vehicle Feb. 20, except when he asked him to park, and he felt it was inappropriate to arrest him on DUI charges.
Sgt. Cox became involved after taking a complaint from White Castle employees. After investigating the matter five days later, Sgt. Cox went to Mr. Turner's Elm Street residence and arrested him on charges of DUI and driving with a suspended license, both felonies.
Chief Fromme said he supports the actions of both officers. The chief said it's not uncommon for a street officer to charge a suspect and later have a supervisor file additional charges. Mr. Turner declined to comment, but his attorney said there are major objections.
Mr. Turner cannot be punished twice for the same incident, Mr. Beiting said. He has already paid a $68.50 fine for the alcohol intoxication charge filed by Officer Crank.
State law grants motorists charged with DUI the right to a urine or breath test, Mr. Beiting said. His client was not asked to take any test.
Sgt. Cox said, "I can't make any comments at all on the case because I am involved in it."
Officer Crank did not return messages left for him at the Newport Police Department.
Campbell County Commonwealth Attorney Louis Ball said the case may go to a grand jury as soon as Thursday. Mr. Ball declined to comment on the matter, saying the facts will speak for themselves. Meanwhile, Mr. Turner was arrested by another officer on March 10 on charges of driving on a suspended license at Southgate and Isabella streets. He has been indicted by a grand jury on that charge.
