And after this test of Herski, am I free to go? How do you fight against an officer's word against yours? I'm going to look at my toe. I'm going to make sure it's parallel to the ground. Okay. Without the video, Smith Skinner may easily have been convicted based on Officer Zahersky's testimony alone. I understand what I'm doing, but I've done three cuts. Welcome back to the Lackluster channel. Steven Zaherski is a retired professional football player who played offensive lineman for three seasons with the Cleveland Browns and Jacksonville Jaguars. And after his playing career, Zaherski became a police officer working in North Rialton, Ohio, where he was honored as Cooyahoga County's top OVI cop for seven consecutive years. Zaherski is a top DUI enforcer year after year. At one time, the best in Ohio. In 2016, numerous posts referred to him on Facebook because of how many OVI arrests he makes each year. The year prior, his department made a total of 294 OVI arrests. And Steve was credited to 124 of them. During an interview after receiving an award for the arrests, officer Zaherski said, quote, "I like to be nosy, so I'm going to stop a lot of cars to see what they're doing and why they are doing it." At the time, the department had no body cams and no dash cams for any of their members. And in October of 2018, officer Zaherski pulled over 22-year-old Austin Smith Skinner for his window tint and license plate light. Fortunately for Austin, he recorded the encounter. All right, I'm going to have you raise a foot. Doesn't matter what foot. About 6 inches off the ground, you'll count. 10001,002003. After a series of tests, Austin was arrested for OVI. Smith Skinner was also charged with fleeing, resisting arrest, and more. When Austin appeared in court, his attorney called officer Zaherski to the stand, and by then they had noticed a pattern in the officer's reports. What we did today was review a whole bunch of his reports. They all have kind of the same buzzwords in them, uh, saying that the driver's eyes are bloodshot red and watery. That appears in just about every one that he wrote. With that in mind, Austin's attorney questioned Officer Zaherski about his client's behavior during the stop that led him to think that he was operating a vehicle while under the influence. Zaherski testified that Austin slurred his speech, writing the same thing in his report 27 times. 28,029. You're going to go roughly to 30. Okay, Austin. Now, doesn't matter which foot you use. You use your right or your left. Arms need to be down to your sides. Both legs straight and the foot that you raise, you need to be looking down at that toe. Make sure it's parallel to the ground, too. About six inches off the ground. Okay. And after this test of Herski, am I free to go? Well, I'm trying to determine what's going on here. So, let's figure out what we're doing with this test. You understand what you're doing here? After this test, am I You understand what you're doing here, Austin? I understand what I'm doing, but I've done three tests. Okay. Okay. Understand the instructions? Yes. I'm going to look at my toe. Make sure it's parallel to the ground. Okay. Little bit higher than that. What do you want? 11. 6 in. Yeah. Parallel to the ground. That's parallel. This is not parallel. 6 7 8 9 small steps backwards. That is the cell phone video that Austin Smith Skinner took while doing sobriety tests. He had a bit of an attitude, but performed pretty well. However, officer Steve Zaherski didn't think so and cited him, making references to his slurring words 27 times in his report. We just got into a fight. We wanted to go to our friend's house. I'm sorry my tail lights out. I will fix it. Literally, look. I backed into something earlier. Like my tail lights busted. I have to get my front fog light fixed. If you want to see it, like I will go and fix this stuff. How do you fight against an officer's word against yours? Manning had him demonstrate slurring. It was nothing like what was on the tape. Having demonstrated what sluring was, I think that's that that was key. Officer Zaherski also testified that Austin swayed during the tests and that at one point he raised both of his hands, but again, only after the officer testified would Austin's attorney play the video of the field sobriety tests. And when he did, he directed the officer to say stop when Austin raised his hands. 1,00 1,002 100, 10003 100, 10004 100,0005 100, 10006 100, 107 100, 108,000 9,0,1,2,3,4,5,6, 2017, 18,9,20, 121,22,023,24,025 5,026,027,028,029,030. Do you want me to go any further? I do not. You're fine. In the judge's opinion after the trial, he wrote that officer Zaherski remained silent during the review of the tape. All of Austin's charges were dropped with the judge adding that Austin performed the tests in what could only be described as in a flawless fashion. Attorney Anthony Manning tried the OVI case, challenging Zaherski's account of things. It's the same routine. Same routine. Almost like it's a template that he fills out. Exactly. Smith Skinner was found not guilty. The judge also added that officer Zaherski's report was replete with inaccuracies and falsehoods, attesting to the inaccurate statements while under oath and that there was no question that the stop, continued detention, and subsequent arrest of Austin resulted in a substantial intrusion upon his constitutionally protected liberty interest in direct violation of his civil rights and the fourth amendment of the constitution. The department had conducted their own internal investigation prior to the trial and at the time, of course, they found no wrongdoing. Police Chief Kenneth Bologonovich said that he believed the judge's ruling to be quote a personal attack. However, after the trial, he suspended Zaherski for one day after finding that the officer was quote not as familiar with the case as he was testifying to as he should have been. in part because of an unvetted cell phone video that the officer did not get to watch before he testified. The chief stated that he found no proof that the officer lied or purposefully filed a police report with inaccuracies or falsehoods. Judge Timothy Gilligan in court saw the video after Zahersky's testimony, and he quickly noted the difference between what he saw in the video and what Officer Zaherski testified to under oath. A police officer testifies in court that someone he charged with DUI was slurring his words during sobriety tests. Well, a video doesn't show it. And now the officer has a date in court. Police officer Steven Zaherski uh said that Austin Smith Skinner had watery eyes, was kind of unsteady, also was slurring his words. After watching the tape, the judge cleared Smith Skinner, but he did something else. He also referred the case to county prosecutors to see if Zaherski had committed perjury. Judge Gilligan was none too happy and in his judgment entry said what Zaherski did in his report and on the stand stains the badge of all courageous police officers dedicated to protect and serve together. He wanted a grand jury investigation and got it after the judge found Zaherski lied in a police report and under oath on the stand. The officer was charged with perjury, tampering with evidence and falsification. Fast forward to just one day before Zaherski's trial was set to begin. His legal team filed a motion to dismiss the case, claiming that the prosecution failed to properly preserve the original cell phone used to record the video. And instead of seizing the phone and doing a forensic copy of its contents, the prosecutor had used a copy of the video that had already been entered into evidence in municipal court during Austin's OVI trial. The officer's attorney argued that without a forensic copy that there wasn't a way to prove that the video wasn't edited or altered and if the video couldn't be authenticated that it should be thrown out. Attorneys with different views of whether or not a video showing an OVI test was altered. North Royalton police officer Steve Zaherski's trial began this afternoon. Now, his lawyers unsuccessfully tried to have that video of him arresting a suspect thrown out. So, the tape appeared to show a different behavior than what Zaharski wrote in a police report. His attorneys wanted the video thrown out because it was a copy and they were unable to view it on the phone that took it. They feared it could have been doctorred. It would be important to see that entire video to know what preceded it and what the importance is if it exists. Judge Shirley Strickland Saffold listened to both sides and decided to watch the video herself. Four, five, six, seven. It didn't take her long to decide. I think he indicates to the court by the uh showing of the tape that the video had been altered or was not in its original form. Before the trial, Officer Zaherski was offered a plea deal, but he refused the offer. Officer Zherski was uh offered a plea deal to take it down to a misdemeanor, but he'd have to give up his uh police certification. He didn't want to do that. So, he's risking those three felonies. Now, as the trial begins, we expect opening statements tomorrow. The next day, opening statements began. And almost immediately after, the officer was offered an even better plea deal. No felony charges, just one count of misdemeanor obstruction, and he wouldn't have to give up his police certification. North Royalton police officer entered a guilty plea this morning to an obstruction charge. The surprise plea came in the middle of his trial. He said the man slurred his words repeatedly, but the video we saw showed otherwise. The officer faced two felonies and a misdemeanor charge. He had maintained his innocence, but today he agreed to plead guilty to one misdemeanor charge. This morning, we entered into some negotiations. Before the first witness hit the stand, special prosecutor John Ricata addressed the court. He and the defense had entered into a plea agreement, dropping the most serious charges, felony charges, including perjury against Steve Zaherski. He was left with a seconddegree misdemeanor obstruction. He jumped at the deal. In exchange for that plea, other charges, including two felony counts, were dismissed. Officer Zaherski took the offer, but the judge barely allowed it. Okay, I promise to accept it. Okay. A surprise plea deal in the trial of a North Royaltton police officer appears to surprise the judge who appeared, as you just saw, to have second thoughts. How do you police are guilty or not guilty? Guilty, your honor. And are you in fact guilty? Yes, your honor. Zaherski appeared humbled by having to say the words. In front of fellow officers, he apologized for letting the case go on as long as it did. He never admitted purposely falsifying his report. and I think I need to prepare myself better on my reports and testimony and this wouldn't be a situation that happened today. Judge Shirley Strickland Saffold's comments after sentencing left you scratching your head in a way as she addressed the parties to the plea. And I feel bad about this plea. I do, Henry. I I I do Mr. Ricotta because I don't know what he did. She is not alone. Zaherski's lawyer simply described the negotiations as being fluid. With the felony charges dropped, Zaherski was sentenced to one year of probation. Ordered to pay a $50 fine and was recommended that if he returned to his job as a police officer, that he would have to serve on restricted duty for at least one year. For the next year, North Royal police officer Steve Zaherski will be back at work, but on restricted duty. Basically, that's inside work. That finding came out of the blue this morning. Now, the judge also finds Zaherski and sentenced him to inactive probation for one year. He will also be on restricted duty with the police department for about a year. Two more people who claimed to have been wrongfully arrested by officer Zaherski came forward. Notably, their charges were also eventually dismissed. It's unclear how many of these cases settled before going to lawsuit, but Officer Zaherski is named in at least two civil rights claims online. Unfortunately, there is no information on whether Austin's case was one of the ones that settled. There is a side benefit to all of this. Something like this is not likely to happen again here in North Royaltton. Since the Zaherski affair, all of the officers has been equipped with dash cams and body cams. A big thanks to an anonymous viewer for sending me in this story who tells me that Steve Zaherski is back out on the streets and has recently pulled over his brother, accusing him of drinking and driving. Let me know what you think in the comments down below. And of course, if you like this video, be sure to check out another one linked on screen.