The Jasper County Prosecuting Attorney filed a driving while intoxicated charge today against James Matthew Hancock (DOB 1983), Carthage.
According to the probable cause statement, Hancock has been arrested for DWI six previous times, including two times this year
Hancock's most recent arrest occurred shortly before midnight Tuesday at 1460 Jackson Drive in Carthage.
From the probable cause statement:
Officer Guevara located a silver 2004 Ford Taurus with Missouri license plate EK4T4J parked in the parking lot.Officer Guevara contacted a male who was in the driver seat with the vehicle running. Immediately upon contacting Hancock I observed his eyes to be very bloodshot and glassy. I also detected the odor of intoxicants when speaking to Hancock and standing near him. In the passenger seat of the vehicle in plain view I observed an open half drank bottle of a clear liquid.
I then began Standardized Field Sobriety Tests. During the tests I observed 2 of6 clues in Horizontal Gaze
Nystagmus. In the Walk and Turn test I observed 6 of 8 clues. In the One Leg Stand test I observed I of 4 clues.
Hancock was arrested for driving while intoxicated at (2353). During a probable cause search of the vehicle I discovered a half drank bottle of McCormick vodka in the passenger seat and 5 other empty bottles of McCormick vodka in various spots.
I read Hancock implied consent at 0019, Hancock consented to a chemical test of his breath. At 0035 Hancock provided a breath sample on the Alco-Sensor VI, the test resulted in a .189 blood alcohol content.
On Hancock's criminal history, I discovered that he has had 6 prior DWI charges.
The complaint outlines three previous convictions:
1. On or about August 15, 2002, defendant was found guilty of driving while intoxicated for events occurring on July 21, 2002, in the Circuit Court Associate Division in Poplar Bluff, and
2. On or about May 9, 2007, defendant was found guilty of driving while intoxicated for events occurring on February 5, 2008, in the Circuit Court Associate Division in Farmington, and
3. On or about November 5, 2013, defendant was found guilty of driving while intoxicated for events occurring on April 20, 2013, in the Bulter County Circuit Court in Poplar Bluff.
This is the third time this year that the Jasper County Prosecuting Attorney's office has filed a DWI charge against Hancock. The first and second times were also the result of Carthage Police Department arrests, with the first occurring February 22 at 2500 Clinton.
From the probable cause:
The driver, James Hancock, admitted to drinking a couple of shots of alcohol within 10 minutes of the traffic stop. As I got approximately four feet away from Hancock I could smell a strong odor of intoxicants emanating from Hancock. Hancock refused all tests for DWI. {He} did not have insurance for the vehicle.
Jasper County Circuit Court online records indicate Hancock has yet to have a preliminary hearing on the case, which has been delayed by a series of continuances, including continuances after Judge John Nicholas said there would be no more continuances.
The next hearing is scheduled for January 6.
Carthage Police Department's arrest of Hancock October 28 is detailed in the probable cause statement:
When getting the driver’s, James Hancock, phone out of the vehicle for him, I smelled a strong odor of alcohol in the vehicle. I also observed an empty clear vodka bottle on top of other items in the front passenger floorboard. I asked if Hancock had anything to drink today due to the vehicle having a strong odor of alcohol. Hancock nodded his head yes. I asked him how much and he said enough.
Hancock told his wife, who he was on the phone with, that I was confronting him and that I knew. While standing under the awning and speaking with Hancock from a few feet away, I could smell a moderate odor of alcohol emanating from his person.
I told Hancock I wanted to conduct Standardized Field Sobriety Tests on him and he agreed to do them, but advised he was not going to pass.
I told Hancock I wanted to conduct Standardized Field Sobriety Tests on him and he agreed to do them, but advised he was not going to pass.
The first test I conducted was the Horizontal Gaze Nystagmus. I told Hancock to get in the starting position with his feet together and his hands down to his sides. I explained the test I would be conducting and what he should do during the test. Hancock advised he understood my instructions. Hancock then said he would not pass it though.
During the test Hancock had a difficult time keeping his head still and following the tip of my finger with his eyes. During the tests I observed lack of smooth pursuit and onset of nystagmus prior to 45 degrees in both of Hancock's eyes. This was a total of 4 clues out of 6. Hancock could/would not follow my finger well enough for me to observe distinct sustained nystagmus at maximum deviation.
The next test I attempted to conduct was the Walk and Turn. I asked if Hancock could imagine a straight line in front of him and he said no. I told Hancock to get into the starting position with his right foot in front of his left in a line and his hands down to his sides. Hancock said he could not do it. Hancock ultimately decided to try and perform the test. I instructed Hancock to get into the starting position with his right foot in front of his left in a line and his hands down to his sides again. Hancock lost his balance multiple times having to catch himself with the wall next to him one of the times.
Hancock exited the starting position, apologizing and advising he could not do it.
Ptl. Haddock conducted the interview portion of the Alcohol Influence Report.
Questions/Answers:
What were you doing during the last 3 hour prior to contact with law enforcement? Trying not to detox/be sober.
Were you operating the vehicle at the time of the stop? Yes.
Have you been drinking? Yes.
What were you drinking? Vodka.
Time started? Didn't even stop.
How much? A few shots.
Where? Home.
Are you under the influence of an alcoholic beverage? No.
The next test I attempted to conduct was the Walk and Turn. I asked if Hancock could imagine a straight line in front of him and he said no. I told Hancock to get into the starting position with his right foot in front of his left in a line and his hands down to his sides. Hancock said he could not do it. Hancock ultimately decided to try and perform the test. I instructed Hancock to get into the starting position with his right foot in front of his left in a line and his hands down to his sides again. Hancock lost his balance multiple times having to catch himself with the wall next to him one of the times.
Hancock exited the starting position, apologizing and advising he could not do it.
Ptl. Haddock conducted the interview portion of the Alcohol Influence Report.
Questions/Answers:
What were you doing during the last 3 hour prior to contact with law enforcement? Trying not to detox/be sober.
Were you operating the vehicle at the time of the stop? Yes.
Have you been drinking? Yes.
What were you drinking? Vodka.
Time started? Didn't even stop.
How much? A few shots.
Where? Home.
Are you under the influence of an alcoholic beverage? No.
Hancock's arraignment on that case was scheduled for Monday before Judge Nicholas, but there is no indication in online Jasper County Circuit Court records that the hearing took place.
4 comments:
Only 7-DWI's where do you buy get out jail free cards, directly from the Judges or Prosecutors in our county?
Jasper county prosecutors handled 3 of these cases, what a bunch of clowns, fire the clowns and let’s get someone that cares about the citizens of Jasper County…
I bet when Marion Days is going on the JASCO prosecutors have a hell of a time getting to work, they have to check all of the tents looking for the judge
Saying the Jasper County Prosecutor “mishandled” the earlier cases just isn’t true. All 3 DWIs that happened in Carthage are still open and moving and all are felony. They’ve already been filed, the hearings were set, and the only reason they didn’t happen is because the judge continued them, not the prosecutor. All his prior DWIs beside these 3 were in another county according to the article. It appears in Missouri you can only get 7 years on a 4th DWI, you have to have 5 prior convictions to get the 15 years. Does anyone know someone with 5 convictions' beside this guy who will hopefully have 6 when these 3 are done.
the prosecutor doesn’t set bond. That’s the judge’s job and lets hope he gets a no bond this time.
The prosecutors offer or accept the plea bargain and the judge agrees or doesn’t, bad prosecutors and bad judges, sounds like you know them or are them either way, they should be protecting the citizens of JASCO
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