ERIE COUNTY SHERIFF'S OFFICE Incident Report

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1 Incident Location Location Type: STREET District/Zone: Milan Township Beat/Area: Milan Township Bus/Common: COLES ENERGY Address: 3619 E SR113 MILAN, OH Report Information Date: 01/16/2016 At: 18:05:08 Report Type: Incident Date and Time From: 01/16/2016 At: 18:05:08 To: 01/16/2016 At: 18:05:08 Incident Origin Incident Characteristics How Received: Radio Rpt. Officer: HEERY, MATTHEW Received From: 18:05:08 Thru: 19:26:15 Elapsed Time: 81 minutes Shift: Entered By: Roth, Marina Lighting: Entry Date: 1/16/2016 At: 19:26:16 Weather: Dispatched Nature: TRAFFIC STOP Citations: Weapons Involved Cargo Theft Related Caller Information Last Name: First Name: Middle Name: Address: Phone: Approval Information Officer: MCPEEK, MATTHEW Date: 01/17/2016 At: 2005 Responders and Times Responder ID Dispatched Enroute At Scene Cleared Other Total Reporting Officer :05:08 18:05:08 18:05:08 19:25:42 80 Yes :05:49 18:06:05 18:09:48 18:58:09 52 No Clearances Exceptional Clearances Date Time Type Date Type Disposition 01/16/ Cleared By Arrest - Adult Citation Offenses No. Modifier Code Description Level Status Larceny Type Hate/Bias Operating Motor Vehicle While Intoxicated Misdemeanor 1 Committed None Type of Criminal Activity Suspected of Using 1: Alcohol 2: 3: Type of Weapon/Force Used 1: None 2: 3:

2 Location Type Primary: STREET Premises Entered: Premises Occupied Method of Entry Non-Forced Secondary: Motor Vehicle Theft Breaking and Entering Entry Exit 1: 2: 3: Method Of Operation Gangs 1: 2: 4: 5: Failure To Stay In Marked Lanes Minor Misdemeanor Committed None Type of Criminal Activity Suspected of Using Type of Weapon/Force Used Location Type Primary: Premises Entered: Premises Occupied Method of Entry Non-Forced Secondary: Motor Vehicle Theft Breaking and Entering Entry Exit 1: 2: 3: Method Of Operation Gangs 1: 2: 4: 5: A1H OVI - Breath.17 Or Greater Misdemeanor 1 Committed None Type of Criminal Activity Suspected of Using 1: Alcohol 2: 3: Type of Weapon/Force Used 1: None 2: 3: Location Type Primary: STREET Premises Entered: Premises Occupied Method of Entry Non-Forced Secondary: Motor Vehicle Theft Breaking and Entering Entry Exit 1: 2: 3: Method Of Operation 4: 5:

3 Gangs 1: 2: Involved Parties Person Type: ARRESTED ADULT: 1 Person is a Complainant Name: VARTORELLA, ANTHONY V Resident Status: Address: 9620 SR 113 BERLIN HTS, OH Driver Lic. No.: RP SSN/ID: Redacted Phone: (O) State/Prov: Ohio University/College Use Expiration Date: 01/2017 Student Faculty Staff Non-Affiliated Sex Offender: No Juvenile at time of incident Injuries No Injury Apparent Broken Bones Possible Internal Severe Laceration Loss of Teeth Unconsciousness Other Major Injury Apparent Minor Injury Unknown Demograhics Sex: Marital Status: Age: Birth Date: Deceased Date: Place Of Birth: Male N/A 50 01/28/1965 Race: Ethnicity: Nationality: Religion: Gang: White Charges Code Description Charge No. Date Issue Date Counts Operating Motor Vehicle While Intoxicate /16/ /16/ A1H OVI - Breath.17 Or Greater /16/ /16/ Failure To Stay In Marked Lanes /16/ /16/ Person Type: INVOLVED PARTY: 1 Person is a Complainant Name: VARTORELLA, SHERYL A Resident Status: Resident Address: 9620 STATE ROUTE 113 BERLIN HTS, OH Driver Lic. No.: RM SSN/ID: Redacted Phone: (M) State/Prov: Ohio University/College Use Expiration Date: 02/2020 Student Faculty Staff Non-Affiliated Sex Offender: No Juvenile at time of incident Injuries No Injury Apparent Broken Bones Possible Internal Severe Laceration Loss of Teeth Unconsciousness Other Major Injury Apparent Minor Injury Unknown Demograhics Sex: Marital Status: Age: Birth Date: Deceased Date: Place Of Birth: Female N/A 47 02/01/1968 Race: Ethnicity: Nationality: Religion: Gang: White Non-Hispanic Person Type: VICTIM: 1 Person is a Complainant Name: SOCIETY OF ERIE COUNTY, Resident Status: Resident Address:, Driver Lic. No.: SSN/ID: Redacted Phone: State/Prov: University/College Use Expiration Date: Student Faculty Staff Non-Affiliated Sex Offender: No Juvenile at time of incident Injuries No Injury Apparent Broken Bones Possible Internal Severe Laceration Loss of Teeth Unconsciousness Other Major Injury Apparent Minor Injury Unknown

4 Demograhics Sex: Marital Status: Age: Birth Date: Deceased Date: Place Of Birth: NA N/A Race: Ethnicity: Nationality: Religion: Gang: United States Properties Property Type: Automobiles Make: Pontiac Model: Style: Unknown Year: 2007 Color: SIL Notes: Color 2: Serial No./VIN: 1G2ZH35N PIN: Unit of Measure: Quantity: Property Value: Status NCIC Date: 01/16/2016 Number: Owner: Date: Address: Status: N/A Cancelled/Cleared Date: Collection Information Collected By: HEERY, MATTHEW Date: At: Location: Latitude: Longitude: Automobile Keys In Vehicle Area Stolen: Vehicle Locked Location Recovered: Vehicle Damage License Plate: TV20 Registered Plate State: Ohio Theft From Vehicle Expiration Date: Stolen In This Jurisdiction License Class: Release Contents Ownership Verified: Towed By: Property Activity Date Time Activity Agency Quantity Value Offense Relationship Description Code Involved Party Relationship Person Type Involved Party

5 Narratives Subject: OVI Type Date Time Author Approving Officer Initial Report 01/16/ HEERY, MATTHEW W MCPEEK, MATTHEW B Involved / Charged - Anthony V. VARTORELLA Charged with - 1. OVI (under the influence of alcohol/drug); ORC / (A)(1)(A); M-1 2. O.V.I (w/ breath alcohol concentration.17% or higher); ORC / (A)(1)(H); M-1 3. Marked Lanes; ORC/ ; M-M Arraignment - Erie County Municipal Court; Wednesday, January 20, 2016 at 10:00 a.m. Vehicle Pontiac G6; Ohio License - TV20; Towed by Galloway's Towing (no hold) Involved - Sheryl A. VARTORELLA As I was traveling eastbound on SR 113, near the eastern edge of the Village of Milan limits, I observed a silver Pontiac G6 (OH Reg: TV20) traveling eastbound in front of my cruiser. While behind the listed vehicle, I observed the front right and rear tires cross over the solid white fog line on seven (7) different occasions, two of which, the vehicle was observed to almost strike a mail box. After crossing over the fog line, the driver was observed to over correct the vehicle to the left and continued eastbound. As the vehicle continued eastbound, I observed the passenger tires cross over the center line on three (3) separate occasions. I activated my emergency overhead lights and initiated a traffic stop near Cole's Energy. As the vehicle pulled over to the right, instead of stopping on the roadway, the vehicle stopped in the front yard of 3812 SR 113. I made contact with the driver, identifying him as Anthony Vartorella and informed him the reason of the stop. Vartorella stated he left the Park Bar in Milan and was driving home. Once informed of the violations, Vartorella stated "Oh did I". While speaking with Vartorella, I immediately detected a strong odor of intoxicating beverages coming from inside the vehicle. I asked him if he had been consuming any alcoholic beverages today with him admitting to drinking two (2) vodkas. As I continued to speak with Vartorella, I observed his eyes to be glassy and blood shot and his speech slurred. Due to the smell of intoxicating beverages coming from inside the vehicle and Vartorella's prior statements. He was asked if he would be willing to submit to field sobriety tests with him replying yes. Vartorella was asked to exit the vehicle with him complying. He was escorted to the front of his vehicle so field sobriety tests could be administered. Prior to starting the field sobriety tests, Vartorella was patted down for weapons. The first test administered was the horizontal gaze nystagmus. A pen was used as the stimulus. The area for the test was the roadway which was flat and clear of debris. I asked Vartorella if he wore glasses or had any medical issues which would prevent him from

6 completing the test with him stating "no." Vartorella was placed in the starting position and explained the instructions for the test. As I began explaining Vartorella the instructions, I observed him to be unsteady on his feet, taking several small steps to regain balance. As the test began, Vartorella failed to follow the stimulus, and continued starring straight forward. I asked him if he could see the stimulus with him replying "yes." After beginning the test a second time, Vartorella initially began following the stimulus. After briefly following the pen, Vartorella stopped following the pen and began looking straight forward. This exercise was attempted a third time and after providing the same results, I terminated the test. The second test administered was the walk and turn test. It should be noted the test was done using the solid white fog line. Vartorella was asked if he had any medical problems that would prevent him from completing this test with him advising "I tore my Achilles." When asked if he could perform this test, Vartorella replied "yes". I placed Vartorella in the starting position and gave him the complete set of instructions as well as a demonstration. While explaining the test to Vartorella, I observed him to sway back and forth and to take several small steps in order to regain his balance. He was also seen standing with both hands in his pants pocket. Vartorella began the test by taking 9 initial steps up the line. After completing his third (3rd) step, I observed him continue the test and fail to touch heel-to-toe for each remaining steps. While taking his final 9 steps back down the line, I observed Vartorella place each foot to the left and right of the straight line, never placing it directly on the line as he was instructed. On step six, Vartorella almost fell to the ground, but took several small steps and was able to regain his balance. Vartorella continued taking his final 9 steps and was seen never touching heel-to toe. The last test administered was the one leg stand. Vartorella was placed in the starting position so the instructions to the test could be administered. After providing him with the instructions and a demonstration, he was asked if he would be willing to complete the test with him replying "yes". Vartorella began the test, and on five (5) different occasions during the test he placed his foot down in an attempt to help regain his balance. Vartorella was escorted to the rear of my cruiser, patted down for weapons and secured in the back the seat of my cruiser. At this time, Dep. Szakats arrived on scene to assist. Vartorella was asked if he would be willing to submit to a Portable Breath Test (PBT) with him replying "yes". I administered a PBT test to Vartorella with the results being.152% BAC, Vartorella was advised he was being placed under arrest for the above listed offenses. Vartorella was handcuffed in the front, gapped/spaced and double locked. He was advised of his Miranda warning with him stating he understood. Vartorella was transported to Huron Police Department for the BAC Data master test. Dep. Szakats remained on scene and completed an administrative vehicle inventory. Galloway's towing arrived on scene, took custody of the vehicle and removed it from the roadway. Once at Huron PD, Vartorella was read the consequence of test and refusal section of the BMV 2255 form with Officer England witnessing. When asked if he understood the BMV 2255 form, Vartorella replied "yes" and signed same. The BAC Data master was administered by Officer

7 England and showed Vartorella's BAC to be.171 grams of alcohol per 210 Liters of breath. Vartorella was informed he was being placed under an Administrative License Suspension. Vartorella was issued a citation (#296262) for the listed offenses. Sheryl Vartorella arrived on scene and took responsibility for Anthony. I explained to Anthony his citation and advised him of his mandatory court date. When asked if he understood the citation, Anthony replied "yes" but refused to sign the document. Prior to be being released, Vartorella was provided his copies of all necessary paperwork. Anthony's driver's license was seized and will be forwarded to the BMV for processing.

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