Hall County Sheriff Gerald Couch: Deputies testify about erratic driving
Defense files motions to exclude DUI evidence
A suspended local sheriff faced multiple DUI charges during a lengthy pretrial hearing at the Hall County Courthouse on Tuesday, according to court testimony.
HALL COUNTY, Ga. - A suspended Hall County sheriff attended a pre-trial courthouse hearing after his defense attorney filed motions to exclude critical evidence gathered during a late February drunk driving investigation.
Couch, 63, is charged with multiple counts of driving under the influence, possession of an open container and failure to maintain a lane stemming from his arrest in late February. As of Tuesday afternoon, testimony was still being heard and the judge had not ruled on the defense's requests.
Hall County Courthouse hearing
What we know:
Suspended Hall County Sheriff Gerald Couch listened to hours of testimony during a pre-trial hearing regarding his multiple DUI, failure to maintain lane and open container charges. Three responding law enforcement officers took the witness stand to describe the events leading up to the arrest.
The state revealed that Couch had been admitted to a hospital for alcohol intoxication the night before he was caught driving. The following morning, Hall County Chief Deputy Kevin Head received a phone call from the sheriff's niece warning that her uncle was out drinking and driving in his county vehicle. Head and Capt. James Alexander traveled toward the sheriff's home in an unmarked truck with no emergency equipment.
The deputies testified they spotted the official vehicle driving erratically and crossing a yellow line before tracking it onto the sheriff's driveway. Head stated he was standing five feet away from Couch, who dropped his keys and phone, and could smell alcohol emitting from him. Georgia State Patrol troopers were called to the home and arrested Couch following field sobriety tests. Sgt. Joshua Hedden noted that Couch displayed bloodshot, watery eyes and a strong odor of an alcoholic beverage on his breath.
Pre-trial hearing underway for suspended sheriff
Suspended Hall County Sheriff Gerald Couch remains in court as a judge considers challenges to evidence in his DUI case.
Defense challenges evidence
The other side:
Defense attorney Blake A. Poole targeted five key legal issues during the hearing, including the legality of officers entering the sheriff's property and the delay before the state patrol investigation began. Poole challenged the voluntariness of the roadside sobriety tests, the vehicle search following the arrest, and the timing of the implied consent reading.
"All evidence indicates there's no consent," Poole said in court. "That was the direct testimony given today. But also, the evidence is clear... there wasn't any exigent circumstance."
Assistant Solicitor Pro Tempore Gilbert Crosby countered that the initial entry onto the driveway was fully legal. "Police are allowed onto driveways," Crosby argued. "It explicitly says that for the purpose of wanting to talk to somebody, and that even includes people they might suspect of doing something wrong."
No ruling yet
What we don't know:
It remains unclear if the judge will throw out the evidence or allow it to be presented during a future trial. The judge did not issue an immediate ruling on the defense motions at the conclusion of the hearing. Officials said a formal decision will be released at a later date.
The information in this story was gathered from court testimony provided by Hall County Chief Deputy Kevin Head, Capt. James Alexander, and Georgia State Patrol Sgt. Joshua Hedden, as well as arguments delivered by defense attorney Blake A. Poole and Assistant Solicitor Pro Tempore Gilbert Crosby.
What led to the charges
The backstory:
Couch, 63, was arrested on Feb. 27. He faces multiple driving under the influence charges, possession of an open container and failure to maintain lane.
According to the Hall County Sheriff's Office, around 10:30 a.m., a deputy in an unmarked vehicle saw a black Chevrolet Tahoe failing to maintain its lane while traveling on Green Hill Road. The deputy followed the SUV, Couch's county-issued vehicle, into a private driveway.
Upon making contact with the driver, the deputy reported "a strong odor of an alcoholic beverage" and "clear signs of impairment," including slurred speech and unsteadiness. Recognizing the driver as the sheriff, the deputy requested the GSP to take over the investigation.
According to a Georgia State Patrol spokesperson, a trooper arrived at the private home at 11:30 a.m. to assist. The trooper noted that Couch was "unstable on his feet when exiting the vehicle" and smelled of alcohol.
After a trooper administered a field sobriety test, investigators determined Couch was under the influence of alcohol and placed him under arrest.
Georgia Gov. Brian Kemp suspended Couch as the sheriff of Hall County beginning on March 17 after the governor tasked a committee to investigate the sheriff shortly after the DUI arrest.
Couch's suspension was extended until June 17 following a separate arrest in Dawson County in May.
What they're saying:
According to court documents, state solicitors said on Feb. 26, a day before the arrest, Couch was brought to Northeast Medical Center in Gainesville, where he was diagnosed as suffering from alcohol intoxication.
The solicitors state a blood test that was done in the hospital revealed an ethanol alcohol content of 373mg/dL, which they described as "a potentially fatal level."
The state says Couch was given medications intended to assist with alcohol withdrawal when he was discharged from the hospital. However, they said later that evening, Couch was spotted buying alcoholic beverages from a local convenience store.
The state says in court documents that Hall County Chief Deputy Kevin Head and Capt. James Alexander prepared to travel to Couch's home on Feb. 27 to discuss allegations of drinking and to retrieve Couch's county-issued vehicle.
Solicitors said while on the way, they observed a black Chevrolet SUV failing to maintain its lane, which they identified as the sheriff's county-issued vehicle.
After following the car to the sheriff's home, court documents state the chief deputy and the captain both smelled alcohol coming from the car and from the defendant.
Documents state the two then called in the Georgia State Patrol. A trooper who responded also smelled "a strong odor of an alcoholic beverage coming from the defendant."
Solicitors say in court documents the defendant "acknowledged having 'screwed up' as well as consuming '4 Lokos'" hours before the arrest.
The state says in court documents Couch's blood draw revealed an alcohol concentration well above the state's limit of 0.08 "as well as for several drugs with the potential to impair driving".
The Source: The information in this story was gathered from online court documents, which explained how we got the legal claims and scheduling details, as well as previous FOX 5 reporting.