More than three months after San Jose police failed to test a former cop for intoxication or cite her after a serious multi-car accident, the state Attorney General has charged Sandra Woodall with felony drunken driving.
Woodall, 39, now an investigator with the Santa Clara County District Attorney's office, is expected in court July 10.
The charge begs a larger and so far unanswered question: Did police officers at the scene of the March 25 nighttime accident intentionally do an incomplete job while trying to protect Woodall from criminal charges?
Soon after realizing one of their own was involved, both police and the district attorney's office agreed to ask the state prosecutor to look into the case, realizing there was a potential conflict of interest.
And there were private worries by officials about whether Woodall was given favorable treatment by fellow cops.
Woodall's husband, Jason, is a sergeant at the department; her father-in-law is Jack Woodall, a former lieutenant at the police department and also a district attorney's investigator.
Officers did not conduct either a field sobriety test or take Woodall's blood, although they had a statement from a witness who claimed to have overheard Woodall talking about drinking. In car crashes, it is common practice to ask for a blood sample if there is probable cause that the driver may be intoxicated.
When asked if state investigators had determined if there was any misconduct on the part of the police, Attorney General spokesman Abraham Arredondo said that he did not know and was not sure it was an issue that was investigated.
"We were asked by the DA's office to look at the DUI because this woman is an employee of the DAs' office and a former police officer," Arredondo said. "When they had that conflict they sent it to us."
"So our people looked at it, reviewed the police report and we decided to file felony DUI charges, there is nothing else that I know of."
A copy of the charges were unavailable today.
Police Sgt. Michael Sullivan said from the moment command staff learned of the case through a citizen complaint they have been "extremely concerned" that the incident may not have been handled properly.
"This why the police department immediately reached out the District Attorney's office and the Attorney General," said Sullivan.
Police confirmed they were investigating what happened that night to determine if the officers acted inappropriately.
Nick Muyo, a spokesman for the district attorney's office, declined comment, other than to say that Woodall has has been put on administrative leave.
On March 25, Woodall was driving a black 2006 Cadillac Escalade eastbound on Branham Lane, police said, when she rear-ended a 1987 Ford Escort driving in the same direction.
The Escalade drove over the median and hit an oncoming 1995 Volkswagen Jetta. The Jetta hit a parked car and the Escalade ended up partially on the sidewalk. All three drivers - including Woodall - complained of minor injuries and were eventually taken to a local hospital, police said.
The case might simply have disappeared had not an outraged victim called top police officials to complain that nothing was being done.
The officials then reviewed the case and recognized the name of the former officer.
They called the DA's office, which - fearing a conflict of interest - forwarded the matter to the state attorney general's office.
If the officers are found to have botched their response to the crash or to have attempted to cover up the Woodall's potential culpability, they could face discipline ranging from extra training to termination.
The officers who responded to the crash, who have not been identified publicly, remain on active duty.
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