After Dallas DWI Arrest, Lawyer for Allen West’s Wife Questions Evidence

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Dallas police on Monday defended the arrest of Angela Graham-West, the wife of Republican candidate for Texas governor Allen West, for allegedly driving while intoxicated.

During a press conference, Police Chief Edgardo Garcia showed video of his traffic check on Friday, his field sobriety test and his arrest. He gave few details when asked what parts of the Graham-West field sobriety test might have failed.

But information about the police suspicion was detailed in an arrest warrant affidavit the Texas Tribune obtained from attorney for Graham-West, who said his client was not drinking and put in doubts the strength of the officer’s evidence.

Toxicological results from a blood test are pending. Garcia said the results of a breathalyzer test performed during the traffic stop were inconclusive.

The affidavit that attorney Todd Shapiro provided to the Tribune claims Graham-West, 61, showed signs of intoxication in parts of the field sobriety test.

In an interview, Shapiro said a previous brain aneurysm behind his right eye contributed to some problems with the field sobriety test.

“She told the officer about it and there is no mention anywhere in the affidavit of probable cause that this woman had any health issues that could affect her performance or mask themselves as signs of intoxication,” Shapiro said.

West previously told the Tribune that his wife had “no problem” with field sobriety or breathalyzer tests.

Garcia said the department released the footage because West painted a different picture than what happened, the comments he called “misrepresentation.”

“We’re not trying to try this DWI arrest in the media,” Garcia said. “Ms. West is entitled to due process.

Graham-West was returning home with her 3-month-old grandson after having dinner with a close friend at PF Chang’s – where she had Chilean bar and lemonade, according to the affidavit and a photo of a receipt West has provided to the Tribune – when a police officer stopped her on the West Northwest Highway in Dallas. Video released Monday shows a vehicle veering over the right shoulder before an officer stops the driver.

Video shows Graham-West first pulled into the middle lane of the freeway when the officer told her to move onto a side street. She then parked in the far right lane and the officer again told her to move into a side street.

According to the probable cause affidavit that Shapiro provided to the Tribune, the officer approached the vehicle and “smelled the smell of alcohol coming from inside the car” and stated that the eyes of Graham-West were bloodshot. The officer noticed that Graham-West’s reaction times were delayed and she appeared confused.

He further pointed to the appearance of Graham-West’s clothes and hair as signs of possible poisoning, which Shapiro called “weak” evidence.

The affidavit says Graham-West attributed the way she was driving to listening to her GPS. He also indicated that Graham-West was on the phone with an unknown person.

Officers then performed three field sobriety tests, during which she showed signs of intoxication in two, according to the affidavit. In the first test, one of six clues indicating that a person could be intoxicated was observed. In the second test, two of the eight indices were observed. Two of the four indices were observed in the third test. Failure is considered two or more clues, Shapiro said.

“Normally … you only see four out of six [clues observed] and six out of six. I’ve been doing this for 21 years. I’ve never seen one in six [clues observed] written on a police report, ”Shapiro said.

Shapiro attributed the field sobriety test failures to a brain aneurysm Graham-West sustained behind his right eye a few years ago.

When the police asked her to take a breathalyzer test, she asked why she had to take one. But the video shows Graham-West blowing the breathalyzer several times. Garcia said the breathalyzer results were inconclusive because it was not done correctly. Subsequently, the video shows that she was arrested and did not resist.

The affidavit also states that Graham-West initially consented to a blood test and went to Parkland Hospital with the officer, but then withdrew his consent upon arrival and requested his attorney. The officer then obtained a warrant to draw blood.

“Based on all of the circumstances, I think the officer thought she had probable reason to believe the individual was driving while intoxicated,” Garcia said at the press conference.

Shapiro also said Graham-West went for a five-panel instant urinalysis test on Monday morning, which also included a blood alcohol test. He said he did not show any presence of drugs or alcohol. The blood alcohol test dates back to 80 hours, Shapiro said.

The arrest gained attention on Saturday when West said in his Dallas County Jail Instagram video that he was in Waco having dinner with Ted Nugent when he returned to Dallas to find his wife had been arrested.

He said in the video that he spoke to people who had dinner with his wife and grandson who told him she only had water and lemonade. The photo of the restaurant receipt West provided to the Tribune shows a lemonade but does not list any alcoholic beverages.

In the video, West said he was particularly angry that his grandson was left by the side of the road with two police officers while other officers took his wife to jail. The officers stayed with the child until his parents picked him up.

Mike Mata, president of the Dallas Police Association, defended the officer’s actions on the Mark Davis Show at 660 AM in Dallas and criticized West for his calls to remove the officer from the department.

“Lt. Col. West thinks he is special, that he should receive certain treatment that all other citizens do not receive,” Mata added. “Is it because he is a politician? Is it because he is running for governor? Well, that is not how it is. We believe in fair and equal treatment in under the law. “

Mata also said officers went beyond normal policies to contact West’s family to get her grandson back. Department policy, he said, generally requires officers to call child protection services when a driver is arrested on suspicion of drinking and driving with a child under 15 in the car.

Responding to Mata’s comments, West told the Tribune that this incident was “not normal.”

“I appreciate the gentleman who speaks for the police association, but I speak for the honor of my wife, I speak for the honor of my family and I also take the floor to make sure that it does not. It doesn’t happen to anyone else in Dallas, ”West said.

James Barragán contributed to this story.

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