late in the night on September 21st 2023
officers from the shano county sheriff's
office in Wisconsin were notified about
a 911 call the caller notified dispatch
that he was riding a bike when two older
men operating in UTV had just ran him
over the caller indicates this allegedly
resulted in a broken ankle one officer
heads directly to the injured man's
location to administer first aid while
another officer attempts to find the
hit-and Run suspects while blasting rap
artist Nelly Tupac and school boy Q on
his rad
[Music]
6 14 to 20 I us take the M all the way
there within 10 minutes of the call
being made the officer finds and
confronts the two men in the
UTV all need to return I'm on portable
with him
yeah hi how you doing good where are you
guys coming from we just came from uh
bowler over there head home okay did you
come across the bridge at all yep okay
so back by Regina I guess there was a
guy that was hit by a side by side
really yep so was it you
guys it I'll tell you it was and I
stopped and I asked him how he's doing
he like he you bump my foot
and I was like okay you know I stopped
there and he's like okay and he just
laid down and said okay we'll see you
later okay so it was you guys though it
was it was me okay give me one second
I'll be back with you guys okay okay
I'll be here shortly before the officer
walks back to his Cruiser to share his
Newfound information the other officer
finds the injured victim unfortunately
access to a body cam recording of This
officer's interaction with the victim is
not available however police report says
this officer noted the victim's injuries
consisted of a quote left ankle that
looked to be crushed and had significant
bruising throughout his left
leg
good wearing glasses oh for you D any
man yes I do yeah I we came across the
bridge
and I'd seen something and I thought
holy crap what was what was that and uh
so I bear at first okay yeah and I
stopped and we backed up and I says well
what what's going on and he's like you
ran over my foot I'm like okay are you
okay and he like
yeah okay and him just ran over like
laid down
and just like snuggled up like I it was
weird okay that he just laid down and
I'm like you're okay and he just like
yeah and he just laid there and okay I
mean it's not like I smoked him or
anything he just no he just laid down
and it's like okay and I'm like all
right cuz I I didn't want to you know
something happened I didn't want to
leave them okay and uh so okay are you
aware that side by sides ATVs are not
allowed on this Trail at
all yes okay okay so that's an issue we
got too okay yep I I hear you I I'm not
going to Bull you and say hey I got my
chain saw on the back and I'm you know
clearing the trails or anything I you
know I just it's just something I like
to do I don't want to you know run on
the trail you know the highways
sometimes it's just like I just like no
it's a nice drive through here but yeah
so you got your driver's license on you
me yeah you yeah
okay is he okay I mean you know as far
as I know it sounds like he's okay but
we're trying to figure it all out so
yeah cuz yeah I stopped and I asked them
how everything was going and you know
cuz it was just weird it was a very
weird
situation we have forem awesome okay
I'll be right back with you guys
[Applause]
then 14 15 going be able to get to where
you at on trail yeah 515 ambulance ETA
is about 2 minutes thank you my lights
are on see
me sh I got a 27 and a 29 for the UTV
occupants 54 52 to 5 concerns with
the I'm thinking
slightly I'll you here shortly you want
that prop 15 did he admit to being the
driver of this incident affirmative
police reports share that the victim was
taken to a nearby hospital shortly after
being checked out by EMTs soon after
this officer questions the suspects f
about the incident okay stepen there's
your driver's license back than you sir
and there's yours Alan thank you is is
he okay you know we got an ambulance
going to him right now it sounds like
he's got some leg pain but as far as
that goes we're trying to figure that
out right now yeah cuz I backed up and I
you know cuz
I yes I'm not supposed to be on here M
and he was there and I was like I backed
up cuz I I didn't know what it was so
from here okay so have you been drinking
tonight no no no okay I'm kind of
getting a little odor of intoxic coming
off
you do you mind if I run you through
Fields check that out make sure you're
okay to
drive I prefer not to but if you have to
I mean with what's happened at this
point I would like to just to make sure
that you're okay to drive okay okay yep
okay can you step over here with me
man so okay you stand with your feet
together arms down by your side don't
move from here unless I tell you to okay
do you understand that all right okay at
this point I'm was going to check your
eyes what I need you to do is follow my
finger with just your eyes and your eyes
only okay yep okay the officer repeats
this hgn test a few times unfortunately
for a large portion of the test the
officer's arm blocks our visual of the
suspect's eyes making it difficult to
see for ourselves how the suspect is
performing the test are you following my
finger I'm trying to with your eyes yeah
I don't see your eyes moving at all
however from what we can see it appears
the suspect is showing signs of
horizontal gaze nagus or hgn hgn is the
involuntary jerking of one's eye when it
gazes side to side and could be a sign
of
impairment okay you can relax for a
minute thank you okay so this next test
is going to be the walk and turn so I'm
going to you stand with your feet
together again arms down by your side
what I need you to do is imagine a
straight line going from you to my squad
straight line doesn't turn or anything
straight line can you imagine that for
me yeah okay what I need you to do is
place your left foot on that line so
take your left foot now and place it on
that
line the officer notes in his police
report that the suspect had stepped to
the right with his right foot during
this portion of the test after being
told to put his left foot on the
imaginary line while the report does not
definitively say that this was a sign
towards the suspect's possible
intoxication it is still mentioned along
with other missteps we will highlight on
screen and then place your right foot in
front of that foot heel the toe like
this you can do that
now just once just put your left foot on
the line and then place your right foot
in front of that foot heel to toe on
that line left foot left foot on the
line right foot heel the toe he the toe
okay keep your arms down by your side
and stand there don't move and t t you
understand that no okay and then when I
say begin what you're going to do is
take nine heel to pill steps across that
along that line when you get to nine
take a series of small steps to turn and
take nine more heal the tost out
back across that line okay all right you
understand that yep okay so it's going
to look like
this one two three and so on until you
get to nine when you get to nine take a
series of small steps like this to turn
and then take nine heel it steps back
across that line one two 3 until you
reach nine do you understand yep okay so
as you're doing this count every step
out loud eyes on your feet at all times
keep your arms down by your sides and do
stop until you finished do you
understand that all right okay you may
begin one 2 3 4 5 6 7 8
9 one 2 3 4 5 6 7
you
finished that was n right mhm okay okay
next test a one leg stand what I have
you do is stand again with your feet
together arms down by your
side don't move from here tell tell to
do you understand that okay so for this
test what we going have you do is pick
up either leg doesn't matter either one
of your
choice keep pick it up approximately 6
in from the ground keep it parallel to
ground and count in the following matter
1001 1002 1003 1004 and so on until I
tell you to stop do you understand okay
okay so as you're doing this watch your
raised foot at all time count out loud
Keep Your Arms by your side and do not
stop until I tell you to do you
understand okay
okay you may
begin 101
102 13 1
[Applause]
oops
10001 10002
[Applause]
100034 1001
10002 13 1004 1
2005
2006
178 1 okay man you can stop there okay
okay so at this point I do believe
you're under the influence of something
that's causing you to be impaired are
you willing to do a PBT just so I
can just to prove that it's alcohol not
no other kind of drugs or anything like
that it can't be used against you in cor
or anything like that it's just I'd
rather not you'd rather not y okay
so at this time you'll be under arrest
for your o of the side by side okay okay
do you have anything on you is going to
stick me stab me poke me I got a knife
okay if you want to leave that in the
side by side for
me I can okay and then well anything
else that you don't want to go with just
leaving the side by side I guess at this
point okay okay I you come back with car
with me
[Applause]
so he can drive it home or is he under
the influence also he said he's been
drinking
so I I don't think he had much to drink
or I don't know okay well we can figure
that out in a minute man I'm just going
to talk with this other guy quick okay
okay we can take a man5 me right away so
we'll do the DNR it'll be DNR obviously
but then of course the hit and run of
stuff and everything else will address
when the officer says DNR he is likely
referring to the Department of Natural
Resources since standard law enforcement
officers typically don't get involved in
recreational parks and trails a DNR
conservation Warden will usually have
deeper knowledge of the recreational
safety laws that were broken later on
one of the officers gets in contact with
a conservation Warden to discuss those
possible charges sounds good all right
go for
it like I said you're under ARR be
coming with me so sir so what's your
plan for the rest of the night here my
plan yep the in
there okay
Steve just okay put your hands behind
your back for me
okay Tang are here for me you have you
been drinking tonight at all I had a
couple if I can give you a ey can I get
you back home is that something we can
do sure all right you just want to hang
tight here I'll just put up front for
you here that
[Music]
we first for me oh that's not bad then
if it's been this
long I'm 60 years old and I going to put
a belt there on your way since I got him
up
front y just give me a second
here where are we going we'll be going
to Sho oh
poop pick me up
fair oh wow yeah it's tight back there
Ro back here is it no no big fat guy
okay thanks man okay I'm going put the
seat belt on if I can or if you can grab
it that's pretty
rough got of here if you can hold it
there I'll come around and grab it okay
thanks this officer does a quick look
over and takes pictures of the UTV
itself the vehicle will be towed likely
due to there being no able-bodied person
to drive
it it locked I got to go all the way
back can reset that there you go
perfect the Buckle go now there it there
we
go now what I'm going to have you do is
hop out for me okay and then I'll have
you come to the back of my car and then
I'll give you that ride back home here
shortly okay you have eight knives guns
nothing on your person stick poker hurt
me nothing like that no okay we going go
and walk over here for me can you put
him in my car please just in the back
passenger side I'm going to give him a
ride yeah go Ahad and follow the step
for me please come back here man watch
for the tree right
here hop in there for
now toic Center yeah there
squeeze can we move that se H or not no
that's the whole cage it doesn't go
anywhere second oh take your time
man if you got to sit sideways in there
sit
sideways I'm going to roll the window
down a little bit for you just so if you
need anything you can yell at us
okay the suspected driver of the UTV
appears to breathe heavier here he is
possibly stressed from the situation
that is unfolding in front of
him
oh what up uh I got a in
the okay we'll worry about that in a
little bit man okay I got a question is
is my phone in the the side by side I
can't check my pockets now at this point
might I thought you grabbed it I think I
think I did too but it would be in the
center Cil there give me a second here
okay so your name's Allan Right hey
you're not in custody man I just want to
talk to you with what happened tonight
okay what's going on what happened today
well we were coming back from B and when
we cross the bridge yeah there was a a
thud 22 whatever I I did not see
anything I I thought there was like a
board was too low or something on the
bridge okay and Steve said he thought he
saw a bear
okay whatever okay so you guys didn't
see nothing on the road or on the trail
that you were riding on I I didn't so
Al's not going be I got to come get it
later we are having a toad at this point
so oh
poop we can't just leave it here so yep
I hear you do we have an option who
could toast it it's crowy whittenberg
okay cuz I Eric kessen out of burnamwood
is a somebody I know that might be able
to help out that's if I have an option
okay so I'm going to read you this and
then I'm going to ask you a question and
I need your answer yes or no on this
okay so you have been arrested for a
violation of the intoxicated operation
laws and under Wisconsin implicit
consent Provisions I am required to read
this to you the test results of the fact
of you refusing testing can and maybe
use against you in court will you submit
to an evidentiary chemical test of your
blood yes or no no no this no okay so
then we're going to have to go to the
house I'm going to have to take you to
the jail you're going to sit in there
and I'm have to get a search warrant for
your blood at this time okay all right
40 we're going to be impounding that UTV
and there's no way I could get the Cado
to do it no not at this time you will
have criminal DNR charges I'll come
around and check make sure you got your
phone on you my backpack right there yep
right
[Music]
there because the suspect refused to
consent to a chemical breath test a
blood draw search warrant was requested
and approved by a judge how do you feel
about
needles right you got to do what you got
to
do some rine you can handle it
yeah what's going on there I'm supposed
to bleed
fast it
happens it's being shy what you trying
to kill
me my BL out I got to make sure the test
is Right vampires for a reason right
ouch I know I don't even have a lollipop
for
you what what I know it's just wrong
never going to do this again if I don't
get no l good that's what we want
according to police reports the test
recorded a blood alcohol content of 118%
which is more than .3% over the legal
limit the driver of the suspected UTV
likely spent at least 3 days in jail
before paying a $500 cash Bond along
with a signature Bond of $5,000 meaning
if they failed to show up to court they
would then have to pay that amount as a
penalty they were also ordered to
maintain absolute sobriety to avoid any
contact with the victim and were
restricted from traveling outside of the
state without Court approval according
to court records he faces charges that
consist of failure to take an alcohol
test operating UTV without each person
wearing a seat belt operating UTV on
non-designated trail operating UTV
without required headgear operating UTV
in a careless way operating UTV and
causing injury operating UTV with a pack
over 8% operating UTV and causing injury
with a pack over 8% first degree
recklessly endangering ing safety and
failure to report the UTV accident as of
editing this video this case is still
being decided by the court system as the
suspect has pled not guilty to all
charges the final pre-trial date should
be held on June 24th 2024 the passenger
on scene was not suspected of any
wrongdoing it's summertime here in
Minnesota and that means Peak ATV season
so wanted to post a timely video showing
what can happen when mixing alcohol and
an ATV this incident happened on a
public Trail but in most States an
injury crash with an ATV even on private
property can result in criminal charges
especially if the driver is suspected of
drinking be careful out there so as fun
as this
was I really don't want to see you again
okay
Jo I thought she was talking to me at
first I don't want to see you