MITCHELL — A Mitchell man was arrested on driving while intoxicated and licensing charges on Friday, June 26, after his vehicle left the roadway, prompting a response from local emergency personnel.
According to a probable cause affidavit filed by Deputy Augustus Hogan of the Lawrence County Sheriff’s Department, David Fishtorn, 63, is facing charges of operating a vehicle while intoxicated – endangerment, and OWI without ever obtaining a driver’s license.
The incident began at approximately 8:06 p.m. when Lawrence County Dispatch received a 911 call from a male motorist reporting a single-vehicle accident near 995 Stonington Road in Mitchell. He informed dispatchers that while the driver did not appear to be injured, he believed the individual was intoxicated.
Deputy Hogan and Captain Anthony Pope responded to the location and observed a silver 2006 Infiniti completely off the roadway. Based on the scene, the vehicle had veered off the right side of the road but did not appear to have sustained any damage or impact any objects.
Officers found Fishtorn seated in the driver’s seat as the vehicle’s sole occupant. Because Fishtorn was unable to open the driver’s side door or appropriately respond to verbal commands, Deputy Hogan opened the door to intervene.
Upon opening the door, Deputy Hogan immediately detected a strong odor of an alcoholic beverage emitting from both Fishtorn’s person and the vehicle interior. Fishtorn’s speech was heavily slurred, and he struggled to communicate with the responding deputies. When asked to produce his driver’s license, Fishtorn’s impaired condition prevented him from following the simple request. Dispatchers later confirmed to officers that Fishtorn had never been issued a driver’s license. When asked if he had consumed alcohol that day, Fishtorn admitted that he had, stating it was “a lot”.
Fishtorn required physical assistance from deputies just to exit the vehicle. Once outside, he was completely unable to maintain his balance without support. Because of his inability to stand safely or follow directions, deputies determined it was unsafe to administer standard field sobriety tests. Deputy Hogan attempted to conduct a portable preliminary breath test five to six times, but Fishtorn was unable to provide an adequate breath sample or follow the instructions to complete it.
Deputy Hogan subsequently read Fishtorn his Miranda rights and the Indiana Implied Consent warning for a chemical test. Fishtorn stated he understood his rights and consented to a chemical test, adding that he had been drinking “a cocktail of some kind”.
Due to concerns that an underlying medical condition might be contributing to Fishtorn’s severe disorientation, Captain Pope requested Lawrence County EMS to the scene. Medics evaluated Fishtorn and officially cleared him medically at the roadside.
Following the medical clearance, Deputy Hogan transported Fishtorn to IU Health Bedford Hospital, where a certified blood draw was performed as part of the OWI investigation.
Fishtorn was then transported to the Lawrence County Detention Center by Captain Pope, where he was booked and remanded.
All individuals are presumed innocent until proven guilty in a court of law. This article is based on the information provided in the probable cause affidavit and does not represent a final determination of guilt or innocence.
