alcohol that you found in the wendy's cup you found it after you had placed mr dotson in handcuffs that's correct you sniffed the contents and determined it to be powerful you had the elder of an alcoholic beverage did you bring it with you to court today no did you preserve it in the evidence locker at the richmond police department no i poured it out are you admitting to this jury and you committed the offense of destruction of evidence i did pour out the liquid that was in the cup i had no plans on collecting it it's not our common procedure or policy that we do collect those i smell what i believe to be the owner of alcoholic beverage based on mr dotson's statements as well and i poured it out yes sir are you aware that destruction of evidence is a class d felony in kentucky carrying up to five years in prison in a ten thousand dollar fine yes sir