Officer Andrew Thompson Gets Away with Drunk Driving

PEKIN

A Pekin police officer arrested for DUI on Dec. 19 will not be charged with DUI because of a lack of evidence. However, he has voluntarily accepted a suspension for affecting public confidence in the department.

Patrolman Andrew J. Thompson, 29, of Pekin, had just left a bar on Broadway Road, Pekin, when he was rear-ended by another car sliding on the ice at Broadway Road and North 20th Street. Thompson was off duty, driving his own personal vehicle and was not at fault in the accident.

A Pekin police officer at the scene noticed the odor of alcohol coming from Thompson and notified the commanding officer. The Illinois State Police were called by Pekin police command to handle the accident, as is the policy of the police department when one of its officers is a suspect.

Thompson refused all alcohol testing — both field sobriety and a Breathalyzer test. He was taken to the Tazewell County Justice Center where he was released on a bond of 10 percent of a $1,000 bond, or $100.

Pekin Police Deputy Chief Ted Miller issued a written statement this morning concerning the decision by the state’s attorney.

Miller said, “The Pekin Police Department recognizes that we cannot operate efficiently or effectively absent the public’s trust and respect. We have worked diligently to that end by steadfastly promoting those values within our organization that are consistent with that endeavor. When this incident occurred, the initial responding officer immediately contacted a superior officer to come to the scene. The responding command officer followed protocol by calling for a neutral agency (the Illinois State Police) to investigate the incident.”

Miller said the department even went so far as to contact local media to inform them of the incident so the matter would be “completely open and transparent.”

Tazewell County State’s Attorney Stewart Umholtz said his office reviewed all reports, video tapes taken by the state police at the scene and other information and found insufficient evidence to meet the burden of proof required of the state for a DUI charge or a summary suspension.

“This case was review just like any other DUI arrest ...,” said Umholtz. “Based on our review ... we determined there was insufficient evidence of impairment.

“This individual was not given any more or less consideration than any other citizen arrested for (DUI). I will say this, if any citizen is asked by a police officer to take a breath test or a field sobriety test, they should take that test to remove all doubt.”

Umholtz said the occupation of any suspect is not considered in determining if charges are to be filed.

Thompson’s attorney, Brian Addy of Pekin, issued a press release stating that, “Thompson has accepted a 10-day suspension without pay for conduct unbecoming an officer from the city of Pekin Police Chief Tim Gillespie. Mr. Thompson admitted that his off-duty conduct impaired the morale of his department and affected the public’s confidence in said department.”

“Without admitting that he was intoxicated on the night in question, he has taken responsibility for his actions and both Mr. Thompson and the city of Pekin Police Department are completely satisfied with the resolution of this matter,” said Addy

Illinois Secretary of State Attorney Jay Mesi said the Secretary of State’s Office cannot suspend a license for failure to submit to drug or alcohol testing unless the arresting agency sends a sworn report of the refusal to submit to testing.

“What happens is the officer fills out a sworn report and sends it to the circuit clerk,” said Mesi. “The circuit clerk sends the sworn report to the Secretary of State.

“We can’t suspend unless we get that sworn report. The officer is required to send the report to us and the circuit clerk.”

If a person requests and receives an Illinois Driver’s License they automatically consent to any chemical testing for drugs and alcohol. If the driver refuses such testing, they are subject to a summary statutory suspension, said Mesi.

Mesi said citizens have the right to a suspension hearing to determine if the burden of proof has been met by the state.

Had sufficient evidence been available for charges in the incident, Thompson would have faced a mandatory six-month suspension for refusing to take the breath test.

Miller said the department initiated its own internal investigation. He said the department could not release department discipline of an officer, but that Thompson had waived his rights and allowed his attorney to do so.

**********

If he wasn't guilty...why did he refuse the test? Hmmmmmm?