Man charged with driv­ing un­der in­flu­ence of caf­feine

The Washington Times Daily - - NATION - — An­drew Blake

A Cal­i­for­nia man charged with one count of driv­ing un­der the in­flu­ence of a drug says he wants to clear his name af­ter blood tests re­port­edly re­vealed the pres­ence of caf­feine and no nar­cotics.

Court records show that the Solano County Dis­trict At­tor­ney’s Of­fice filed the sin­gle mis­de­meanor DUI charge against Joseph Sch­wab in June.

Ac­cord­ing to Mr. Sch­wab’s at­tor­ney, the sole ev­i­dence prose­cu­tors have against Mr. Sch­wab are blood re­sults that show he only had caf­feine in his sys­tem at the time of his ar­rest.

Mr. Sch­wab’s at­tor­ney filed a mo­tion to dis­miss the charge in Su­pe­rior Court last week, and dis­cussed the case pub­licly for the first time in an in­ter­view pub­lished by The Guardian news­pa­per Satur­day.

The case dates to Au­gust 2015, when Mr. Sch­wab was pulled over by a mem­ber of the state’s Depart­ment of Al­co­holic Bev­er­age Con­trol for al­legedly driv­ing er­rat­i­cally, his at­tor­ney, Stacey Bar­rett, told the news­pa­per.

A sub­se­quent Breath­a­lyzer test failed to in­di­cate Mr. Sch­wab had been drink­ing, but he was booked into the county jail and sub­jected to a blood test, his at­tor­ney said.

The re­sults of an ini­tial tox­i­col­ogy exam failed to find the pres­ence of any nar­cotics in Mr. Sch­wab’s blood, his lawyer said. That same sam­ple was then sent to a lab in Penn­syl­va­nia for fur­ther anal­y­sis, where sci­en­tists said it tested pos­i­tive for a sin­gle sub­stance: caf­feine.

If the case is not dis­missed by Jan. 11, Mr. Sch­wab plans to take his it be­fore a jury, he told the Guardian.

Eve at Beth Eden Bap­tist Church to ask the black com­mu­nity to re­main calm while an in­ter­nal in­ves­ti­ga­tion is com­pleted.

Sev­eral pas­tors said the com­mu­nity still be­lieves the po­lice chief, mayor and other city of­fi­cials want to work with the pas­tors and the black com­mu­nity, but they have lost faith in the abil­ity of the of­fi­cer, who hasn’t been named and is on paid re­stricted duty, to po­lice the com­mu­nity.

The ar­rest was filmed on a cell­phone and a video was posted to Face­book late Wed­nes­day. It had been viewed mil­lions of times as of Sun­day.

City of­fi­cials held a news con­fer­ence Fri­day to ad­dress the video. Dur­ing it, Po­lice Chief Joel Fitzger­ald, who

is black, said: “I can’t call it racism but I no­ticed in the video that the of­fi­cer was rude. There’s a dif­fer­ence between rude and racism.”

Po­lice were called to an ar­gu­ment between Jac­que­line Craig and a neigh­bor who Ms. Craig said choked her 7-year-old son af­ter the neigh­bor said he lit­tered and re­fused to pick it up. The video shows a quickly es­ca­lat­ing ar­gu­ment between Ms. Craig and the un­named of­fi­cer.

The of­fi­cer asks Ms. Craig why she didn’t teach her son not to lit­ter. Ms. Craig an­swers that whether he lit­tered or not, the neigh­bor didn’t have the right to put his hands on her son. The of­fi­cer can be heard ask­ing, “Why not?”

He is seen wrestling Ms. Craig to the ground af­ter one of her daugh­ters tries to step between the of­fi­cer and Ms. Craig. He points a Taser into Ms. Craig’s back and, af­ter cuff­ing her, points the Taser at the daugh­ter who tried to in­ter­vene and ar­rests her. Po­lice said the daugh­ter film­ing the in­ci­dent was ar­rested, too.

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