Fayette County Sheriff's Office

Deputy Report for Incident S1625760

Nature:DUI
Location:FCSO2

Address:MAYFAIR LN / HIGHWAY 279

FAYETTEVILLE GA 30214

Offense Codes:5403
Received By:KERSEY R
Responsible Officer:KERSEY R
When Reported:23:37:17 08/10/16

How Received:O
Agency:FCSO
Disposition:CAA 08/10/16
Occurred Between:23:37:17 08/10/16 and 23:37:17 08/10/16

Assigned To:
Status:
Complainant: 2
Last: FAYETTE CO
SHERIFFS
OFFICE
DOB: **/**/**
Race:
Sex:

Detail:
Status Date:**/**/**

Date Assigned:**/**/**
Due Date:**/**/**

First:

Mid:

Dr Lic:
Phone: (770)461-6353

Address: 155 JOHNSON AVE

City: FAYETTEVILLE, GA 30214

Offense Codes
Reported:
Additional Offense: 5403 DUI Drugs

Observed:

Circumstances
Responsible Officer: KERSEY R
Received By: KERSEY R
How Received: O Officer Report
When Reported: 23:37:17 08/10/16
Judicial Status:
Misc Entry:
Modus Operandi:

Agency: FCSO
Last Radio Log: **:**:** **/**/**
Clearance: 5 Incident Report
Disposition: CAA Date: 08/10/16
Occurred between: 23:37:17 08/10/16
and: 23:37:17 08/10/16
Description :

Method :

Involvements
Date

Type

Description

08/11/16
08/11/16

Name
Name

FAYETTE CO SHERIFFS OFFICE,

SHUMPERT, IMAN ASANTE

Complainant
Offender

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Deputy Report for Incident S1625760

08/16/16
08/16/16
08/16/16
08/11/16

Citation
Citation
Citation
Vehicle

Citation
Citation
Citation
WHI 2016 AUDI A3 FL

CITATION
CITATION
CITATION
Offender Vehicle

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Deputy Report for Incident S1625760

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Narrative
On 08-10-2016, at approximately 2337 hours, I, Corporal Brennan Kersey, was
waiting to turn northbound (left) onto Highway 314 from Kenwood Road. I observed
two vehicles, one a silver passenger car and the other a white 2016 Audi A3
(Florida tag DFMF34), traveling northbound on Highway 314 with several other
vehicles. I observed both vehicles had working headlights but neither vehicle
had working taillights. Once the traffic light turned green for Kenwood Road
traffic, I turned left and caught up to the two vehicles. As I did so, I
observed the white Audi A3, which was traveling in the right lane, swerved over
to the left and cross the white dotted lines separating the two northbound
lanes. As I got closer to the vehicle, the vehicle merged into the left lane. I
merged into the left lane as well and began following the vehicle. The vehicle
eventually turned left onto Highway 279. After doing so, the vehicle began to
negotiate a right hand curve. I observed the vehicle again failed to maintain
its lane and crossed over the white fog line. A traffic stop was conducted at
that time.
I made a passenger side approach and made contact with the driver and sole
occupant of the vehicle, Mr. Iman Shumpert. I asked Mr. Shumpert for his drivers
license. Upon making contact with him, I immediately detected a strong odor
consistent with burnt marijuana emitting from the vehicle. I also observed his
eyes were bloodshot red. I requested a second unit at that time. I asked Mr.
Shumpert where he was going. He advised he was going to pick up his father from
the airport. I then asked Mr. Shumpert about the issue with the taillights. He
advised he did not know and advised the vehicle was a rental car. Mr. Shumpert
advised he rented the vehicle earlier this date, when asked. He estimated that
he rented the vehicle at approximately 9 o'clock. Mr. Shumpert was asked for
clarification regarding whether he was referring to 9 o'clock am or pm. He
indicated 9 o'clock pm.
I then informed Mr. Shumpert about his failure to maintain his lane. Mr.
Shumpert apologized and advised he was using his GPS.
Mr. Shumpert was asked when the last time he smoked marijuana was. Mr. Shumpert
responded "I just left my homegirl's house." When asked, Mr. Shumpert
acknowledged that he smoked marijuana just before leaving her house. He then
retrieved a a brown bag of Backwoods Honey Bourbon cigars, which I observed only
contained tobacco shavings and small, torn pieces of brown paper consistent with
a cigar., and handed it to me. I asked him if they were smoking tobacco. He
advised they were not and acknowledged smoking marijuana. I then asked him if
there was any marijuana in the vehicle, to which he advised there was not. Mr.
Shumpert was instructed to turn off the vehicle and exit it at that time. I
informed him he was not under arrest and that I only wished to speak with him
further.
I made contact with Mr. Shumpert at the rear of his vehicle and walked with him
to the front passenger side of my vehicle. Mr. Shumpert consented to a pat down
and search of his person. No weapons or contraband were located. While
conducting the search, Mr. Shumpert informed me he plays basketball. I asked him
who he plays for, to which he advised he plays for the Cleveland Cavaliers. Mr.
Shumpert advised he was not trying to bother anyone and advised that he was
nervous. Mr. Shumpert was then asked to participate in Standardized Field
Sobriety Testing, to which he agreed.
Prior to administering the tests, I asked Mr. Shumpert a series of questions.
When asked, he advised he did not have any issues with his eyes, he was not

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injured, and he was not wearing contact lenses. The following tests were
administered and the following observations were made:
Horizontal Gaze Nystagmus:
-Instructed to sit on the front of my patrol vehicle due to his considerable
height over me (6'05").
-After checking him for a distinct and sustained nystagmus at maximum deviation,
he advised that my patrol vehicle was getting hot. I then had him move over to
the push bumper so he was not directly touching my vehicle.
-No clues observed
9-Step Walk and Turn:
Instructional Stage:
-Was permitted to use the white fog line as his line
-Repeatedly raised his arms for balance and leaned side to side.
-As I began providing instructions, Mr. Shumpert stated "I just finished working
out" and asked why he was "doing this." I informed him I was attempting to make
sure he was a safe driver. Mr. Shumpert explained that he just worked out. I
asked if he could perform simple tasks such as walking a straight line. He
advised he could.
Walking Stage:
-Missed heel-toe 8 times (all but the last step) during the first nine steps
-Did not start counting aloud until step 4
-After taking he first step of the second nine steps, he raised his arms for
balance, leaned over to his right, and began swinging his arms attempting to
maintain his balance. He was able to prevent himself from stepping off line.
-Missed heel-toe 7 times during the second nine steps
-Body tremors observed
One Leg Stand:
As I began providing instructions, Mr. Shumpert asked if he was required to
participate in the test. I informed him he was not. He advised he was worried
that if he did not participate that it would make his situation worse. I
informed him it was his right to refuse the tests. He advised he did not want to
refuse but was worried about standing on one foot. Mr. Shumpert again brought up
the fact that he just worked out. I asked him what time he worked out this date.
He responded "I work out every morning and then I work out every afternoon."
When asked when he worked out this afternoon, he replied "I probably finished
around 5", nearly 7 hours ago. Mr. Shumpert continued to question why he needed
to do the tests. He then advised me he felt like he was going to be taken to
jail. I explained to him that I was only attempting to make sure he was a safe
driver. Mr. Shumpert asked how many physical tests he had to do and advised he
did not want to keep saying "No." I explained the other two tests to him. He
eventually agreed to continue.
-Raised his right foot during the test
-Raised his arms for balance
-Body tremors observed
Modified Romberg Balance:
-Estimated 44 seconds as 30 seconds
-Eyelid tremors observed
-Body tremors observed
-Did not tilt head back
Based on the physical manifestations present, I determined Mr. Shumpert was an

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impaired driver and less safe to operate a motor vehicle. He was taken into
custody with his hands handcuffed behind his back. The handcuffs were checked
for fit and double-locked. Mr. Shumpert was secured in the rear seat of my
patrol vehicle, though he initially refused to get all the way into the vehicle.
The Implied Consent Warning for Suspects Age 21 or Over (orange card) was read
and a blood test was requested. In response, Mr. Shumpert asked "I have to take
that or I'm going to jail?" I informed him he was going to jail either way. He
then asked if he had to take the test. I informed him that the decision was up
to him. I then offered to read the warning again to ensure Mr. Shumpert clearly
understood his rights. The warning was read and a blood test was again
requested. Mr. Shumpert then asked if he was being tested for alcohol. I
informed him he was under arrest for D.U.I. Marijuana, not alcohol. Mr. Shumpert
then began asking about the levels of marijuana and asked me for clarification.
I informed him I was not allowed to explain the warning and that I was required
to read the warning straight from the card. Mr. Shumpert then asked me to read
the warning a third time. I again began reading the warning. However, as I was
approximately halfway through the warning, Mr. Shumpert interrupted me and
stated "I just gotta take the test." I asked him what he said and he repeated
himself. I asked if he understood what I read to him. He responded "I guess" and
made a statement about me not explaining the warning. I asked Mr. Shumpert if he
was consenting to the blood test. He advised he was.
While I read the Implied Consent Warning, Deputy Sheriff (D/S) Eric Marrero and
D/S Joshua Akin conducted a search of the vehicle. In the trunk, D/S Marrero
located a red backpack in the trunk. In the main compartment of the bag, D/S
Marrero located a clear mason jar with a green leafy substance consistent with
marijuana. There was no other contraband located in the bag or the vehicle.
However, in the bag, D/S Marrero did locate two more unopened bags of the same
brand of cigars Mr. Shumpert showed me when I first made contact with him. I
secured the suspected marijuana in the trunk of my patrol vehicle. There was no
other contraband located in the vehicle.
Mr. Shumpert's father (Odis Shumpert) responded and took custody of the vehicle.
I then informed Mr. Shumpert we were going to the hospital for the blood draw
and then to the jail. Immediately after I began transporting him, Mr. Shumpert
advised that he did not want to take the test if he had to go to the hospital. I
informed him that he was not responsible for paying for the blood test. He
advised that he did not want to because people would recognize him and it would
cause a scene. He maintained that he was now going to refuse the test.
Mr. Shumpert was transported to the Fayette County Jail with all relevant
paperwork. He was charged with D.U.I. Less Safe Drugs (40-6-391(A)(2)),
Possession of Marijuana Less Than 1 Ounce (16-13-2(B)), and Failure to Maintain
Lane (40-6-48). I issued him a verbal warning for the defective taillights since
it was a rental car which he had just taken custody of a few hours prior. It was
also determined to be a common issue I have experienced with some newer cars in
which the taillights do not work when in Automatic mode but do when the lights
are manually turned on. A routine, post transport rear seat check did not yield
any contraband. The
suspected marijuana was entered into Evidence at the Fayette County Sheriff's
Office.

_____________________________________________

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Responsible LEO:

_____________________________________________
Approved by:

_____________________________________________
Date

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Deputy Report for Incident S1625760

Vehicles
Vehicle Number:
40413
License Plate: DFMF34
State: FL
Vehicle Year: 2016
Make: AUDI Audi
Color: WHI /
Vehicle Type: PCAR Passenger Car
Owner:
Last: SIXT RENT A
CAR LLC
DOB: **/**/**
Race:
Sex:

First:
Dr Lic:
Phone: ( ) -

Agency: FCSO FAYETTE COUNTY SHERIFFS

OFFICE
Officer: KERSEY R
UCR Status:
Local Status:
Status Date: **/**/**
Comments:

License Type: PC Regular Passenger Automobile

Expires: 06/30/17
VIN: WAUA7GFF7G1055437
Model: A3
Doors: 0
Value: $0.00
Mid:
Address: 1850 SE 17TH ST STE 207
City: FT. LAUDERDALE, FL 33316
Date Recov/Rcvd: **/**/**
Area:
Wrecker Service:
Storage Location:
Release Date: **/**/**

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Deputy Report for Incident S1625760

Name Involvements:
Offender : 93835
Last: SHUMPERT
DOB: 06/26/90
Race: B
Sex: M
Complainant : 2
Last: FAYETTE CO
SHERIFFS
OFFICE
DOB: **/**/**
Race:
Sex:

First: IMAN
Dr Lic: 060133345
Phone: (917)593-0822
First:

Dr Lic:
Phone: (770)461-6353

Mid: ASANTE
Address: 5024 COLTON RUN
City: ATLANTA, GA 30349
Mid:

Address: 155 JOHNSON AVE

City: FAYETTEVILLE, GA 30214

09/09/16