BEDFORD — A Bedford man was arrested after police say he crashed a pickup truck into a fence and displayed signs of intoxication before resisting officers during the investigation.
Toby Harper, 56, faces charges of operating a motor vehicle while intoxicated, interfering with public safety and refusing to identify himself while stopped for an infraction or ordinance, according to a Lawrence County Police Department probable cause affidavit.
Officer Augustus Hogan responded at about 2:07 p.m. Aug. 17 to a reported personal injury crash west of the intersection of Leesville Road and Ditney Ridge Road.
Dispatch advised officers that the crash involved a single vehicle and that the driver, who was reportedly the only occupant, was stumbling around the scene and appeared to be in an altered state.
Hogan arrived to find a black Chevrolet pickup truck off the east side of the roadway. The truck had left the roadway and struck a barbed-wire fence, with a fence post remaining underneath the vehicle.
A reporting party told police the driver had been seated behind the wheel when they arrived and had expressed a desire to drive away before police arrived.
Hogan found Harper seated in the passenger seat with the passenger door open. Harper initially refused to provide his driver’s license, vehicle registration, or proof of insurance, according to the affidavit.
After being warned that he could be arrested for refusing to identify himself, Harper said he had crashed because he swerved to avoid a squirrel in the roadway.
Hogan said he observed several signs of possible intoxication, including slurred speech, bloodshot and glassy eyes, and a strong odor of an alcoholic beverage coming from Harper.
Harper continued to refuse to provide identification, according to the affidavit.
Captain A. Pope of the Lawrence County Police Department also attempted to have Harper provide identifying information. Harper eventually said he did not have a physical identification card but would provide his name and date of birth.
Harper then again refused to provide his name when Hogan attempted to document the information.
Officers instructed Harper to exit the vehicle. Harper began complaining of shoulder pain, but declined medical treatment when EMS personnel arrived.
When Harper attempted to close the passenger door, Hogan and Pope assisted him to the ground and placed him in handcuffs.
After being handcuffed, Harper reportedly had significant difficulty standing and repeatedly leaned against his truck and the officers’ patrol vehicle for support.
During a search incident to the arrest, Hogan located a wallet containing an Indiana identification card identifying the man as Harper.
Officers then attempted to place Harper in the rear of a patrol vehicle. According to the affidavit, Harper resisted their efforts.
While Hogan was reading Harper his Miranda rights, Harper allegedly braced his feet against the opposite door of the patrol vehicle and pushed against Hogan. Harper eventually pushed himself out of the vehicle and landed in a ditch.
Hogan requested Pope’s assistance, and the officers helped Harper back to his feet and into the patrol vehicle.
Because of Harper’s continued resistance, EMS personnel evaluated him and cleared him at the scene. Hogan then transported Harper to IU Health Bedford Hospital for medical clearance and a blood draw as part of the OWI investigation.
While being transported to the hospital, Harper admitted to consuming alcohol before the crash, according to the affidavit.
At the hospital, Harper initially agreed to a chemical test after being advised of Indiana’s implied consent law but withdrew his consent while a nurse was preparing to draw blood.
Hogan subsequently obtained a search warrant for Harper’s blood. The warrant was approved by Judge Robert Cline of Lawrence County Superior Court 2.
A blood sample was obtained pursuant to the warrant, and Harper was medically cleared before being transported to the Lawrence County Jail.
At the jail, Harper submitted to a portable breath test that produced a result of 0.236, according to the affidavit.
Hogan noted that he did not have his department-issued body-worn camera during the incident because it was at the Lawrence County Police Department for maintenance due to operational issues.
Harper was arrested and transported to the Lawrence County Jail.
The charges are allegations, and Harper is presumed innocent unless and until proven guilty in court.
