A Springettsbury Township police officer, charged with being drunk on duty, can be seen on his own patrol car's video camera weaving on and off the road before sideswiping a wall in the early morning hours of Aug. 23.
Gary D.S. Utter, 37, of the first block of North Sycamore Lane, Stewartstown, now faces driving under the influence charges after an investigation by the Pennsylvania State Police.
After the crash, Utter can be seen on the video inspecting the damage of a marked white 2005 Crown Victoria patrol car at a business parking lot and later at police headquarters, less than a mile from the accident scene in the 2000 block of Mount Zion Road, according to court records.
In listening to what happened, Utter's shift commander Cpl. David Kennedy detected a "strong odor" of alcohol, according to court records.
After consulting with his supervisors, Kennedy took Utter to Memorial Hospital where a blood test determined Utter had a .123 percent blood-alcohol content. The legal limit in Pennsylvania is .08 percent.
Kennedy asked Utter how much the officer had had to drink prior to starting his morning shift.
"Not much," Utter replied, according to an affidavit of probable cause filed by state police Cpl. Rob Feiser.
Feiser determined that Utter smashed into a stone wall on a straight stretch of road, according to court records.
Utter will be notified of the charges by mail, according to a district court spokesperson. His preliminary hearing date is set for 10 a.m. Oct. 29.
Utter could not be reached for comment Monday.
If convicted of DUI, a misdemeanor, Utter could lose his ability to serve as an police officer.
In July 2007, Utter, a seven-year police veteran at Springettsbury, was involved in a fatal shooting of a prisoner in custody. He was cleared in October 2007 by York County District Attorney Stan Rebert, who ruled Utter used justifiable force after he was attacked by Ronald T. Whitaker Jr.
While being held for robbing a grocery store, Whitaker tried to hang himself with his shoelaces, according to the district attorney's office. Utter found Whitaker and revived him, but Whitaker then became violent, officials said.
Utter used a Taser on Whitaker, but it worked only momentarily, police said.
The fight spilled into a hallway, where Whitaker backed Utter into a corner, had his nightstick and was trying to grab his gun, Springettsbury Township Police Chief David Eshbach said.
Utter fired twice.
Whitaker's family has filed a wrongful death civil suit against the police department, Eshbach, Utter and Springettsbury Township.
Rebert and Eshbach asked state police to investigate the Aug. 23 crash into the stone wall.
Eshbach declined comment, saying it was a personnel matter.
Springettsbury Lt. Scott Laird referred all questions to township manager John Holman. Holman was out of the office Monday.
Click here for the affadavit.
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