KC police sergeant charged with DUI

Platte County sheriff’s deputies cited a Kansas City police sergeant on suspicion of driving un der the influence of alcohol.
Police said Sgt. Jack Henry, assigned to the downtown foot patrol beat, was arrested about midnight on New Year’s Day near I-29 and 64th Street. Henry has worked for Kansas City police for 15 years and has been a sergeant for seven years.
Kansas City police spokesman Capt. Rich Lockhart said Henry retained his driver’s license and remained on duty, pending the outcome of the case.

KCTV-5 story puts his BAC level at .243 percent, and the Platte County sheriff's office confirms it.

Comments

[The_Golfer]

Had this not been a cop, with a .243 blood alcohol level, 3 times the limit, he would be in jail, lost license. Not allow to keep license and work.

You got that right!

[jamie]

That was me....for some reason, it didn't post my name!

[Nick]

Since when does suspicion of DUI carry automatic, jail, loss of license and employment?

[me2]

When your a cop

[TruthBeTold]

Cops are above the law.

[smoothk]

I agree with the golfer,if this had been any one else they would be in jail,lose there license. But just because he was a police it didn't happen, noone is trying to bash the police, I am just telling the truth.

[Nick]

Help us out here Jamie. When you got your DUI were you allowed to bond out? Do you now lose your license automatically? Are you automatically fired from your job before you go to trial?

[Mickey Mouse]

Gee, I guess some cops break the laws they are supposed to uphold...hum, interesting...too bad he wasn't in the Northeast side. I wonder if he would have been asked to get out of his car so it could be searched?

[blondie2hot7]

If this had been me, they would of took me and my car to jail. This is way too stupid!

[What A Country!]

I think we need to have a little compassion here for this guy! I mean his police fraternity screwed him! A police officer not getting a free pass for DUI from his brethren is like catching AIDS by driving by a hospice. Cops get off of DUIs all the time. That's not a secret. So aside from the fact that his BAC was so high I am wondering how he was even able to function, I wonder what else he did that they felt compelled to arrest him and then lock him in jail and throw away the key - For an hour.

[Michael]

No news here. Just rubber stamp it with the standard "leave with pay" penalty (a.k.a. free paid vacation) and forget it ever happened.

[onetime]

hee hee.....does that seriously say he was foot patrol. HA. Nice premenition.

[G]

You guys are loony.

They process you, but you are then released, provided you can find a ride from the station. They confiscate your physical drivers license, but your driving priveleges are not revoked pending the outcome of your case. The driving charge and the misdemeanor DUI charge at separate hearings. In the one hearing your license WILL be revoked once the outcome of the breathalyzer test is entered into evidence.

This can occur weeks or months after the incident. Sounds like the treatment this cop got was the exact same as anyone else would have gotten.

[The_Golfer]

G you may be right, I have never had a DUI so I do not know the process. Pretty good considering the way I use to party.

[The G]

One of my best friends currently is on a 60-day liscense suspension for DUI and this only started on January 1st and the incident happened early last May.

[chuckie]

I am guessing he was either too drunk or(hopefully) just taking rightful punishment and did not tell the cops that pulled him over that he was a cop as well.

Then we it had gone too far the found out and could not 'unprocess' what was already done. The cops who pulled him over are either hugs a**holes for ticketing their brethren or did know he was cop soon enough.

.243 is rather high, but unless you injure someone or cause damage of some sort it is just a misdemeanor ticket, probably even in no need of bonding out. Plastic license will taken away and paper one given to you pending your court date and possible administrative hearing.

YES I know way too much about this.

[John Davis]

The guy shouldn't lose his job necessarily, but they should treat him like any other offender. Post a $500 bail bond to get out of the clink, and the following:

1) Revocation of license, able to be re-instated through an attorney in court.
2) Attend the MADD DUI Offender course
3) Attend SATOP classes, with quarterly submittance of driving record.
4) 2 years probation (while also staying out of any additional 'trouble')

Did I miss anything? Looks like the foot patrol beat is the best place for him anyway.

[Sam Minardi]

I guess the KCPD feels that being drunk would not reduce his effectiveness in performing his duties -- drinking coffee and eating donuts.

A visit to a few late night donut shops confirms this to be fact .... drunks are very capable of consuming donuts and drinking coffee.

[The truuth]

This guy is already on foot patrol! But one of his job requirements is to be able to drive, this is the only reason he could lose his job.

The question I have is, is every DUI going to make this thread, if not why is this of importance?

[JewwellsP]

Got to agree with John Davis. he should be treated no different than you or I.
All John has listed above is what should happen. Doesn't sound like he drives a police car anyway. Now on that note.
How does a 15 year Officer still walk a beat in Downtown KC? Maybe he is already on the PooPoo list already. Just figured a 15 year guy would not have to do a foot beat anymore. Must be by his choice I guess.

[Bob Blair]

It is obvious that many here don't understand the process of a DUI locally.

Unfortunately, those arrested are not kept any longer than it takes them to make a small bail. They are allowed to retain driving priviledges and in many cases their cases will be extended for months by artful attorneys.

It is not unusual that they will have other traffic incidents after the initial DUI arrest and before that case comes to court.

There was a recent case where the driver was first arrested in June and had 5 more arrests before the next court date.

The same thing happens in other arrests. In court last week, a woman has been arrested for dealing drugs 4 times since May. She was last in court in November and released, again, on bail largely because there is no one to care for her kids.

She was in court because she was picked up the night before for selling- and it was her 3rd arrest since that November court date.

And she is out again. Her only skills are bearing children and using and selling drugs so you can guess what she is doing today.

Experience the exciting lives of real life prosecutors in our local courts.

90% of the cases somehow involve drugs and most of the people are repeat offenders (but a few have only been convicted once before).

[jamie]

Well nick, I got to bond out after about 6 hours in jail. Then I got my restricted paper license - to and from work only. Then a week or two later, I lost my license for 30 days, and after 45 days I got it back (obviously the state keeps it as long as they want - even if you have met all the requirements for getting it back). Then for another 60 days it was restricted for work only.

And I did almost lose my job the minute they found out about it - even though my job does not require driving - I sit behind a desk. I had to fight to keep my job!

[GC]

Unfortunately most of you don't know the rest of the story. Once the court procedings are over, then comes the disciplinary action. He will be charged with violating the Department's Code of Ethics. "I will keep my private life unsullied......". He will probably suspended from duty after that.

It will cost him much more than the average citizen.

[rhonda]

Good for you, Jamie, for fighting to keep your job. I admire your tenacity.

[The Zipper]

.243 is pretty high....are you serious? Thats ABSOLUTLEY fall down and puke on the ground drunk. If he had only been about .12 or .13 I guarantee you the Platte County Sherriff would have said "hey buddy, slow down and get home". The deputy did everyone a favor by getting this moron off the road. .243 is seeing double or triple. That guy had to pound about 25 shots to get in that condition. Soem great bartender for serving this drunk that much.

[Greg]

JewwellsP: Downtown beat patrol is a sought after special assignment with a lot of PR perks and very little actual police work. Paddy wagons and police vehicles are still dispatched to problems occurring within the downtown district. This officer was there as a supervisor, so 15 years of service is irrelevant. Downtown beat officers primarily work daytime shifts (most of them) with weekends and holidays off.
This officer is to be commended for NOT identifying himself as an off duty police officer when he was pulled over.
When one brings embarrassment to the police department, one’s career is effectively over. He will be reduced in rank and probably “given” the opportunity to resign.

[JewwellsP]

Dang Greg, sounds like this guy made a BAD mistake. Oh well, he'll prolly make more money w/less hassle as a renta cop then he did a a police officer. Just too bad. Another learning curve we call life.

[Jason]

Let's see...a police officer kills his girlfriend's baby, a detention officer has child porn, a CSI supervisor stabs his girlfriend, and a sergeant gets a DWI charge. All thsi from KCPD and all this within the last 12 months. Maybe KCPD needs to lower it's recruitment standards.

[All n A Days Work]

Lower recruitment Standards?? Well dayum, Jason. Like it isn't bad enough.. LOL

[jack at it again]

I am sure if you do a little digging you all will find this is not Jack's first alcohal related offense. I have personal knowledge of him crashing his car/truck into the median on 169hwy just about 9hwy in '02 if memory serves me right. It was brushed under the carpet by a friend of his named Haley. But if you knew Jack you knew he drove drunk a lot.

[Steelblues]

Actually G was not right in his summation of how a DUI arrest and license is taken away goes. First one is stopped for erratic driving or traffic offenses committed. If alcohol is suspected, then a road side sobriety test is performed. If the subject is so intoxicated that he can barely stand, the test is halted and the subject is taken to police detention for further testing so as not to allow the subject to be harmed by falling in the field. At detention, he is ask to perform another sobriety test, and then a BAC test to determine his alcohol measure. If he refuses to take the BAC, his license is automatically revoked for one year and it is taken away from him at that time. He is given a 15 day temporary license that explains how and when to get his license back and how to file for a hardship license. If he blows above the limit, he is at that time arrested, and his rights read to him. There are many people that come into detention and complain that their rights were not read to them for traffic and other non-criminal offenses. Your rights do not have to be read as you have not been questioned for a criminal offense. If this is his first DWI offense, he will be cited and allowed to bond out on a $500 surety bond and his license is returned to him. If he has one or more prior convictions of DWI, his license is then taken, he is placed on a 24 hour hold, finger printed and mugged and charged with felony DWI and will see a traffic detective to determine if he will file felony charges with the prosecutor's office. If he is taken to arraignment it becomes a state felony charge and is no longer a misdemeanor or city charge. If he is arraigned, his bond will be set at that time and would be allowed to bond on surety or cash, depending on the judges orders. I understand that it used to be that after 10 years with out a DWI conviction on your record, your DWI could not be used against your driving record to make you a habitual DWI offender. But as of Janurary 1st of last year I understand that any two convictions for DWI in ones life time can bring you a felony charge. Not sure I agree with this as everyone can make a mistake, even police officers.

[jade641299]

G,
You said they process you and then you are released if you have a ride home from the station. Don't you have to bond out first?

[CopinKC]

Well, I am a cop and have been for over 10 years. My opinion is the Sgt should be fired. we are held to a higher standard than the public at large and when you violate the public trust you should be held accountable. DWI (DWI in MO, not DUI) is a serious offense that SHOULD carry harsh penalties whether you are a law enforcement officer or a private citizen. But, in the end he'll get a slap on the wrist and return to duty.

As an example of how DWI is disregarded by police organizations, look at the case of the Jackson County MO Deputy Sheriff who crashed his car into a parked car off-duty in Independence in 2004. The DRUNK off-duty Deputy then left the scene and Independence had to chase him down to arrest him. Not only did he keep his job, but he later served on the DWI wolf pack squad for the Sheriff's Dept. Nice, huh?

[me2]

Thats the best comment I have heard and cops running around acting like this is losing ALL the GOOD cops the credibility and respect they deserve.

[jade641299]

Now we all have to remember. Cops are human too. I worked for them for several years. They have problems just like everybody else. They want to drink and forget their problems just like a lot of people. And who knows, there may be an alcoholism addiction gene that runs in his family. I personally do not believe in this type of thing.......alcoholism is an addiction genetically. I believe people that drink too much and decide to drive are weak minded. Why would you let something so simple as liquid control your decision making? It is beyond me. Obviously, this sergeant made a "bad life choice". That's what I call them, "bad life choices."

[CJ]

If it wasn't a police officer, you would never know he was arrested. Get over it.

[Jason]

Well you are right..we should get over it because on that night probably over a hundred people were arrested. You are also right that had he not been a police officer we would not have known about it. However we still like to poke fun at officers because all too many of them (especially KCPD) think they walk on water. Their atitudes with the citizens they contact everyday make people enjoy when one of them has a run in with the law. Maybe they should learn to be apart of the community and not just an occupier.

[jamie]

Thank you rhonda. :)

[Mickey Mouse]

To Jack at it again:

You say, "But if you knew Jack you knew he drove drunk a lot."

Would that be as in "Jack" Daniels?

[blondie2hot7]

Cops are supposed to be upstanding citizens. I give them credit, where credit is due. There is nothing "noble" about a police officer, on or off the job, getting this drunk, and then people thinking that his "fellow officers" should just let him go. This isn't a "Dollar General store" employee we're talking about here (although, he may be in the future!)

If he loeses his job, then sobeit. If he don't, then the "foot patrol" is right up his alley. If the shoe fits, wear it. If you're a cop, make yourself an example for the rest of us, not a spectacle of yourself... Don't play the " do as I SAY, not as I DO" role.

[Robbed]

"If you blow .08 you are going to jail. Cop blows .243 and you say it's nothing."

Several things come to mind on this quote and the rest of the comments. First, I blew .089. received a ticket and was handed my keys and drivers license by the MO Highway Patrol (March 2004, so things may have changed). Second, I have learned since my court date that several Breathalizers calculate BAC based on the amount of Alcohol in your breath. If you have teeth that are not perfect, or blood in you mouth for any other reason, these tests have been very inaccurate. However, .243 is probably too high to claim any viable reason other than a fresh drink or mouthwash. If I had more info at the time, I would have fought and won my case, but my lawyer advised against it. Apparently he wanted the quick and easy way out rather than earn his money. Must be why he only charged me $500.

Second, while they didn't state it specifically, there is an insinuation that refusing a breath test will cause a loss of license. You can indicate that you prefer a blood draw, since it is far more accurate and not succeptable to near the amount of variance.

Third, I have played pool with people above .20 that didn't appear to be intoxicated. In case you are not aware, alcohol is very similar to other drugs. Continued use builds a resistance. I attribute many of the problems in field sobriety tests to being tired, which often happens after drinking. Try doing a field sobriety test first thing in the morning, or after having only 4 hours of sleep. All but the very well fit or very coordinated will fail.

I am not justifying this person's behavior, only trying to point out that simple things can have a huge impact for the average person. MADD had a good idea, but like any group that has easy success, they take their ideas too far.

As an FYI, I passed every field sobriety test in 1990, when I was 21, but blew a .093. The limit in KS at the time allowed me to leave without a ticket, but they wouldn't let me drive. So when I was younger and in better shape, I passed the field sobriety test at a higher level than when I received a DWI. They asked me to take a PBT (Portable Breath Test), and were very suprised when I failed it.

What am I trying to say, basically that there is a ton of misinformation about driving drunk, and zero tolerance for inaccurate testing methods. Hey, if they can prove you were above .15 beyond a shadow of a doubt (blood draw), then I agree it should be a pretty stiff fine. Considering recent research has shown both driving tired, and driving while involved in an in-depth conversation on a cell phone are both worse than driving at .08, I feel we have a modern day witch hunt. If you don't believe me, watch all the people that blast me for suggesting such a concept.

[signalthree]

robbed,

You can "prefer" a blood test all you want, but in Kansas it is the officer's discretion as to what type of test is offered. The reality is the Intoxilyzer 5000 breath test is a very accurate and reliable device for testing blood alcohol content (When administered properly). The reasons why breath tests are most commonly given is almost every agency has at least one instrument, training and certification only takes 8 hours, very low cost, and the results are instantaneous. Blood tests require a trained medical technician to draw the blood, packaging the sample and mailing it to a lab (in joco everyone uses the KBI in Topeka), wait weeks for a result, and oh by the way, a blood test costs around 3 hundred bucks. Once the arrestee agrees to submit to whichever test the officer requests, then they can obtain their own tests (ie blood) at their own cost. But you cannot demand a blood test if the officer is requesting a breath test.

[www.duiblog.com]

Give me a break signal3. Read up on how the constitution is being trampled on....I can't wait until the cops like you start knocking down doors to support the next group of quasi-MADD nut cases lobbying the idiots in Washington. Get informed. But you are. You have the gun and badge. I'm sure you support more trampling of our constitutional protections so we can get more doughnut eaters arresting people for crimes they MIGHT commit. Mr .243 in this article killed no-one. He MIGHT have though. Better make him a felon quick. Read on.

http://www.duiblog.com/2007/01/06#a542

Who Cares About Drunk Drivers?

For many years now I've written and lectured extensively on drunk driving litigation --on the science of blood and breath alcohol analysis, the flaws in breathalyzers, the ineffectiveness of field sobriety testing. In recent years, however, my focus has increasingly shifted to the gradual erosion of constitutional rights in DUI cases.

So who cares about people accused of drunk driving and their constitutional rights?

You should care. The importance of what is happening in DUI law and procedures can be summarized in one word: precedent.

We are a nation of laws, more specifically, the common law inherited from the British legal system. Unlike most nations, which use some version of the French civil law where laws are found in codes, we look to the precedent of judicial decisions interpreting statutory law. When a court looks at the facts in a specific case, it applies not only statutes but decisions in appellate court cases to determine what the law is. The genius of this common law system of precedent is its flexibility; its flaw is what many call "judicial legislation".

The flaw becomes particularly noticeable when dealing with politically unpopular subjects. And few topics are as politically "incorrect" as drunk driving. Judges are, after all, politically sensitive animals who want to be reelected. Put another way, it is very easy to rule in favor of the prosecution in DUI cases -- particularly when powerful pressure groups like Mothers Against Drunk Driving (annual revenues of over $51 million) are so influential in elections and in legislatures. There are few advocates for the accused or the Constitution during election campaigns.

This judicial attitude is not limited to judges with an eye on re-election. A majority of the U.S. Supreme Court has been consistent in depriving the accused in DUI cases their constitutional rights. To mention but a few examples:

Michigan v. Sitz. The Court held that sobriety roadblocks were permissible -- that the admitted violation of the Fourth Amendment was "outweighed" by the government's interest in combating drunk driving.

South Dakota v. Neville. The Fifth Amendment right against self-incrimination was held inapplicable in drunk driving cases (refusing to submit to testing).

Blanton v. North Las Vegas. Even though punishable by six months in jail, fines and diver's license suspension, there is no Sixth Amendment right to a jury trial in a drunk driving case.

California v. Trombetta. Although police normally have to save evidence, they do not have to save breath samples in DUI cases (even though it is easy and inexpensive to do so).

So...we have seen a steady flow of appellate decisions at all levels taking away the constitutional rights of those accused of DUI. Again, so what?

Again, precedent: What happens today to a citizen accused of DUI can happen tommorrow to a person accused of any other offense. If police can set up roadblocks to check everyone for intoxication, they can set them up to search for drugs (which, incidentally, has already happened). If a citizen accused of DUI has no right to a jury of his peers, then the precedent exists to deny the right to citizens accused of any other crime.

The danger of precedent in the DUI field is not limited to judicial decisions. Legislatures are also guilty of passing unfair and unconstitutional -- but politically popular -- laws. We have certainly seen a seemingly unending series of unfair and unconstitutional statutes across the country in recent years: immediate license suspensions at the police station; double jeopardy/punishment (license suspension and criminal prosecution); so-called per se laws (.08% blood-alcohol is illegal, even if sober); presumption of guilt (if .08%, presumed to be under the influence; if .08% when tested, presumed to be .08% when driving); ad nauseum. And having passed such laws relating to DUI, they are less reluctant to do so in other areas as well.

So who cares about DUI? To paraphrase, "First they came for the drunks, but I was not a drunk so I did not speak up....."

[I Know]

For all the conspiracy theorists, here's the way it works. You could consider me an expert for this particular discussion.

Once you've completed the BAC and paperwork. Its all a matter of getting booked and bonded. A thousand dollar bond gets you out of jail in Platte County for DWI.

For those who think he didn't lose his license. Too bad. Everybody is issued a notice of suspension/revocation of driving privileges and their Missouri driver's license is taken if they are in possession of it.

He got arrested becuase he was drunk. Drunks kill people. I've been hit by a drunk driver and I don't care who you are. If you're drunk, you're going to jail.

Those who think being a cop gets you a free pass for everything, sorry to burst your bubble again, you're wrong.

To be exact, Mr. Henry was incarcerated in the Platte County Jail for 1.5 hours. He was in police custody for over 3 hours. Blame the info on a piss poor press release. Seems to be the norm lately.

He was treated like any normal person. When I saw it on the news, I knew it was a matter of time before it was on here and provoked most of the clueless anti police biased responses. He was hanlded as he should have been with zero favors.

To the poster signing as Greg, you'd be wrong if you think he didn't mention he was a cop.

If you guys want facts instead of guessing. Reports are publicly availabe under the susnshine law. Read the report.

Robbed, the info you've learned since your most recent DWI (ha) is flawed. If the Highway Patrol let you go, that's because that's the way it works in that county. In Platte County, the judge requires a 1K bond.

The tests taken are at the officer's discression in Missouri. They have the opportunity to obtain 2 VALID tests. Breath, blood, syliva or urine.

You might not be able to tell your buddy's drunk at a .20 but a properly trained S.F.S.T. administrator could. By the way, how do you know your buddy who doesn't look drunk is a .20 anyway?

Your ideas of the breath tests vulnerabilities are red herrings. The fact is they are very accurate instruments that undergo stringent testing required by the court systems.

Don't forget, most judges grew up being defense attorneys and normally retain that mindset in the courtroom. State judges aren't in the habit of rubber stamping any case. Municipal judges, well, I can't speak for that. Those are money makers. State courts don't reap monetary benefits like cities do.

[KC Brougham]

"To the poster signing as Greg, you'd be wrong if you think he didn't mention he was a cop."

Greg comes off as an arrogant know-it-all without the artifacts thereof. There is an implied responsibility to know what you're talking about as you're putting ideas in people's heads that may be disseminated.

[derric]

if my pay and job was as bad as being a cop I would drink heavily too!!

[derric]

"foot patrol beat"? at least give the guy a bicycle.....

Who cares about these drunk drivers. I am getting tired of dodgeing slug brains jabbering on cell phones while driving.

[bob]

This is wrong thing to do, you can bash him as much as you want to. But think about this, should he be publicly humiliated for it. So many others have had one and not publicly criticized. He has to support his kids also. How many of you out there lost your job because of a dui?