Enough for 3 drinks for his body weight, more than “the drink…with dinner” he admitted to; lied to CHP officer; failed field sobriety tests; refused breath test during stop

By Allen D. Payton

According to the arrest report of his DUI arrest in March Antioch Mayor Lamar Thorpe had a Blood Alcohol Level of .121% and .124% according to two chemical breath tests he was administered. Released by the California Highway Patrol on Thursday, Dec. 22, 2022, the report also reveals Thorpe failed the field sobriety tests in a variety of ways including having nystagmus which is defined as, “uncontrolled repetitive movements of the eyes” and “the distinct odor of an alcoholic beverage emitting from his breath”. Thorpe DUI Arrest 3-19-22 Report Redacted

Yet, in an apology video on his official Facebook page later that morning, Thorpe said, “I never felt inhibited by the drink I had with my dinner”. He was pulled over by CHP Officer J. Dagnino at about 1:15 AM.

The report also shows Thorpe lied to the officer about having anything to drink.

“I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink,” Rosario wrote.

The report shows the 41-year-old Thorpe, who was wearing a “Michelob Ultra” wristband at the time of the stop, “was struggling to maintain a center lane position” while driving northbound on I-680 in Concord at 59 MPH.

During the field sobriety test, while standing on one leg he, “Swayed from center, left to right” and “lost his balance” during the Walk and Turn portion of the field test. Officer Dagnino wrote that he, “advised Lamar of the PAS (Preliminary Alcohol Screening Device)…and he refused to provide a sample.”

Blood Alcohol Content and Level

According to Law and Daily Life “The definition of blood alcohol content is the blood alcohol level expressed as a percentage” and “Generally one drink is considered: (1) 12 fluid oz. beer, (1) 5 fluid oz. glass of wine or (1) 1.5 fluid oz shot of hard liquor.”

The arrest report shows Thorpe weighs 120 pounds. According to the DMV’s BAC chart that means he had to have consumed at least four drinks prior to his arrest, not taking into account the reduction by 0.01% for each 40 minutes of drinking. His two tests were administered at 2:13 AM and 2:19 AM, which means his BAC was higher at the time he was driving an hour prior.

12-28-22 9:00 PM UPDATE: However, the original arrest report issued in March shows Thorpe weighs 150 pounds which according to the above chart clearly requires at least three drinks to be legally intoxicated. Chp288B.THORPE Report of Arrest 3-19-22

An email was sent to CHP PIO Andrew Barclay Wednesday evening for clarification of which weight for Thorpe is correct. Barclay responded, “His license lists 120 lbs., but as you know you can claim whatever. I would not know what his current weight is as it is inconsequential in our investigations.  The 150 could simply be a typo.”

According to reports from Antioch residents and restaurant staff members who chose to remain anonymous, Thorpe was seen drinking at an Antioch restaurant earlier that day prior to leaving the area.

Transcript of Report

Observation Prior to Contact

“On 3/19/2022 at approximately 0110 hours, I was on patrol, in full CHP uniform, driving a fully marked black and white CHP patrol vehicle, with my partner Officer J. Del Rosario #22568 (passenger). On the date and time mentioned, I was traveling northbound on I-680, just south of Monument boulevard within the #4 lane, monitoring traffic. Traffic was moderately light, and I observed a silver SUV just ahead of my location, within the #5 lane, that was struggling to maintain its center lane position. I accelerated my patrol vehicle and positioned it directly behind the silver SUV, now identified as a silver Volvo with a California license plate of (redacted) and continued to monitor the Volvo’s driving behavior. While monitoring the Volvo’s driving behavior, I observed the Volvo continue to struggle to maintain a center lane position, by crossing over the broken white lane divider line on left side and the solid white line on the right side. The Volvo was also traveling at approximately 59 MPH in a posted 65 MPH zone.

After observing the Volvo’s driving behavior, I activated my patrol vehicle’s emergency CODE 3 lights and initiated an enforcement stop on the Volvo. The driver of the Volvo applied the brakes and began to pull to the right shoulder on SR-242 northbound, just north of the I-680 transition. Using the patrol vehicle loudspeaker (PA) my partner began to instruct the driver of the Volvo to exit at the Clayton Road exit. The driver of the Volvo continued to drive on the shoulder of SR-242, until my partner directed the Volvo to turn right onto Market Street and pull to the right curb edge, just south of Clayton Road. The Volvo followed instructions given by my partner and pulled to the right curb edge, just south of Clayton Road and Market Street intersection. I parked directly behind the Volvo, exited my patrol vehicle and made a passenger side approach of the Volvo.

Observation Upon Contact

I contacted the driver, who was the only occupant in the vehicle, through a lowered passenger window and immediately detected the odor of an alcohol beverage emitting from within the Volvo. I advised the driver for the reason of the stop and asked for his license, registration, and insurance. The driver provided me with a California Driver License and was positively identified as Lamar Anthony Thorpe with a date of birth of 04/06/81 and [redacted].

Upon contact, Lamar displayed objective signs and symptoms of intoxication; watery eyes, droopy eye lids and slurred speech. Lamar was also wearing a white Michelob Ultra wristband around his right wrist and related he was on his way home from dinner. I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink. I directed Lamar to exit the vehicle and meet me near my patrol vehicle to answer a series of questions and perform a series of voluntary field sobriety tests. Lamar exited his vehicle and met me on the concrete sidewalk. While speaking with Lamar outside the vehicle, I could smell the odor of an alcoholic beverage emitting from his breath. I asked Lamar the remainder of the Pre-FST questions which he answered accordingly. I explained and demonstrated a series of Field Sobriety Tests to Lamar, which he did not complete as explained and demonstrated.

Horizontal Gaze Nystagmus

Lamar related he was wearing soft contact lenses. His eyes were watery, his pupils were equal, and he was able to track the tip of my finger with both eyes. He displayed the following:

• Lack of smooth pursuit in both eyes
• Distinct and sustained nystagmus at maximum deviation in both eyes
• Onset of nystagmus prior to 45 degrees in his right eye, at approximately 40 degrees
• Lack of convergence in his left eye.

Walk and Turn

During Walk and Turn, Lamar displayed the following:

• Lamar lost his balance during the instruction phrase. I instructed him to set back up in the starting position.
• Lamar used his arms for balance by raising them more than six inches from his sides.
• Stepped offline between steps 5 and 6, during the first set of steps
• Missed heel to toe contact by more than 1” between steps 3 & 4 of the first set.

One Leg Stand:

Lamar raised his left foot for the test, and he displayed the following:

• Swayed from center, left to right
• Used his arms for balance by raising them more than six inches from his sides.
• Put his foot down twice and was instructed to lift his foot and continue to test

Modified Rhomberg

Lamar was instructed to end the test once he reached an internal estimated count of thirty seconds, he ended the test at fifty-two seconds.

• His eyes displayed tremors
• He swayed from center, front to back
• Lamar displayed a bouncing pulse in his neck

ARREST

Due to Lamar operating a motor vehicle upon a highway, his admission to operating a motor vehicle, the distinct odor of an alcoholic beverage emitting from his breath, his objective signs and symptoms of alcohol impairment (water eyes, slowed/ slurred speech, droopy eye lids) and his poor performance on the field sobriety tests, I determined Lamar was operating a motor vehicle while under the influence of alcohol and was impaired. I placed Lamar under arrest for violation of California Vehicle Code section 23152(a) VC (Misdemeanor, DU). Lamar was searched incident to arrest and placed in the front seat of my patrol vehicle. I advised Lamar of Implied Consent (23612 VC) and he chose to submit to a chemical breath test.

Lamar was transported to the CHP Contra Costa Area Office for the chosen chemical test. I observed Lamar for fifteen minutes prior to administering the chemical breath test to ensure he did nothing to compromise the test. Lamar provided two breath sample with results of .121% and .124%. I advised Lamar of Trombetta and he declined any further testing. (According to LosAngelesDUIAttorney.com, “California v. Trombetta was a Supreme Court case that found that police do not have to preserve DUI breath test samples like other evidence. It was also be used as a precedent…to establish rules for destroyed or missing evidence).

Following the chemical test, Lamar signed the CHP 215/ Promise to Appear in my presence and was released to [redacted].

EVIDENCE

Item #1            1 Compact Disc containing video of news clip/ suspect’s admission to driving while under the influence.

OTHER FACTUAL INFORMATION

The same morning following the incident, ABC 7 news uploaded an article regarding the arrest/ incident. In the video, Lamar Anthony Thorpe (Mayor Antioch, Ca) relates he was arrested by California Highway Patrol for driving under the influence. In the video, Lamar related he assumes full responsibility for his actions and admits to operating a motor vehicle while under the influence. The video was copied onto a compact disc, booked into the CHP Contra Costa temporary evidence locker and a copy was attached with this report.

The patrol vehicle utilized is equipped with a Wireless Mobile Video Audio Recording System (VVMVARS) that was on at the time of the incident and which may or may not have captured all relevant information.

RECOMMENDATION

I recommended a copy of this report be forwarded to the Contra Costa County District Attorney’s Office for review and prosecution of Lamar Anthony Thorpe for the following charges:

• 23152(a) VC – Misdemeanor – Driving Under the Influence.
• 23152(b) VC – Misdemeanor – Driving Under the Influence over .08% BAC.”

———-

Found Guilty on One DUI Count

As previously reported, Thorpe, through his attorney, pled no contest to both charges, during his court hearing, on Tuesday, Dec. 13, 2022. According to the Felony and Misdemeanor Clerk’s Docket and Minutes he was found guilty on the second count of DUI over .08% BAC and the other charge was dismissed. Thorpe Clerk’s Docket and Minutes 12-13-22 redacted

According to the Misdemeanor Order of Probation, Thorpe was fined $1,749 and was sentenced to two days I prison with one day credited and is eligible for the Sheriff’s Work Alternative Program for the one remaining day. Thorpe was also sentenced to three years of probation and cannot drive a vehicle with any measurable alcohol in his blood and must attend and complete a three-month alcohol program. Thorpe Misdemeanor Order of Probation 12-13-22 redacted

He was given the Watson advisement. According to LosAngelesDUIAttorney.com, A “Watson advisement” is a formal statement you must sign after being convicted of DUI. It says you understand that driving under the influence can injure or kill people, and it can be used against you if you ever cause a DUI accident in the future. Legally, this means that you could be tried for second degree murder if your DUI kills someone.”

Please check back later for any updates to this report.