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All suspects are presumed innocent until determined guilty in court.
(Texas Roadhouse is the location of this crash and did not play any other part in this report, to my knowledge.)
Hot Springs Police Officer Plyler reports the following:
On 06/28/2019, at approximately 2306 hours, I, Ofc. R. Plyler #105, responded to an injury accident in front of 3623 Central Ave./Texas Roadhouse.
Upon my arrival, I made contact with the driver of the at fault vehicle Kevin Newsom. Newsom stated he was traveling south on Central Ave./SH 7 in his 2003 Ford Explorer where he was attempting to turn into the parking lot of the Texas Roadhouse to turn around and go back to Burger King. While turning Newsom failed to yield the right of way to a vehicle traveling north in the outside lane of traffic causing the vehicles to collide.
While talking to Newsom, I detected a strong odor of intoxicants among his person and breath. When asked Newsom stated he had been drinking and had a total of approximately six beers and two shots of Fireball. Newsom reported he had just left (a club) prior to the accident. I asked Newsom to complete the standardized field sobriety tests and agreed to the tests.
HGN: Newsom was placed into the starting position. Once the test started, Newsom was asked several times to open his eyes wider to allow me to see the results of the test. Newsom had to be asked several times to open his eyes wider, but failed to do so. I was unable to see a lack of smooth pursuit or equal tracking due to his eyes being almost shut. While attempting to see a nystagmus at maximum deviation, Newsom was asked again to open his eyes. After several attempts, I was able to observe a nystagmus at maximum deviation in both eyes. I was unable to observe any clues of nystagmus prior to onset or during vertical nystagmus test due to his eyes being partially closed. During the test, Newsom was swaying from side to side approximately 1-2 inches.
One Leg Stand: While attempting to place Newsom into the starting position he started the test twice without being instructed or receiving all instructions. After stopping Newsom a second time, Newsom stopped all testing and stated he would not complete any more test.
Newsom agreed to provide a portable breath test with a result of 0.175.
Newsom was complaining of chest pain due to the accident and was transported by LifeNet to St. Vincent Hospital ER for treatment. After he was cleared by the DR he was transported to the Garland County Detention Center for processing.
Newsom was read his rights and he signed and initialed stating he understood them. Newsom provided a breath sample of the Intox EC/IR-II with the results of 0.141.
Newsom had a previous DWI conviction on 10/02/17 in Garland County District Court. Newsom was charged with DWI #2.
Mr. Newsom is charged with DWI #2 with a bond amount totaling $1,500.