BROOKVILLE BOROUGH, Pa. (EYT) — A Jefferson County man is facing a hearing on Tuesday on charges from an incident in which he was stopped for suspicion of driving under the influence of alcohol and then resisted arrest.
Court documents indicate 73-year-old Charles T. McElravy, of Summerville, is scheduled to stand for a preliminary hearing in front of Magisterial District Judge Gregory M. Bazylak at 10:45 a.m. on Tuesday, January 7, on the following charges:
– Resist Arrest/Other Law Enforcement, Misdemeanor 2
– DUI: General Impairment/Incapable of Driving Safely — 1st Offense, Misdemeanor
– DUI: Highest Rate of Alcohol (BAC .16+) 1st Offense, Misdemeanor
– No Rear Lights, Summary
The charges stem from a traffic stop in Brookville Borough, Jefferson County, in late October.
According to a criminal complaint, Officer Miller, of the Brookville Police Department, was on patrol around 12:46 a.m. on October 27, when he came upon a yellow Hummer H3 SUV on the southern part of Allegheny Boulevard.
Officer Miller noted the vehicle did not have a working third brake light and was traveling very close to the white line on the right side of the roadway. The vehicle also allegedly nearly came to a stop when another vehicle was approaching in the opposing lane. At that time, Officer Miller activated his emergency lights and siren to conduct a traffic stop, the complaint states.
The complaint states that Officer Miller then approached the vehicle and observed an elderly male, later identified as Charles McElravy, in the driver’s seat, and Officer Miller noted “it appeared that he had been sleeping,” according to the complaint.
McElravy was then asked for his license, registration, and insurance information. He had great difficulties getting his wallet from his left rear pocket. He was then questioned about his identity, where he was coming from, and where he was going. While speaking to McElravy, Officer Miller noted a strong odor of an alcoholic beverage on his breath and saw that McElravy had glassy eyes and seemed easily agitated. McElravy was slow in answering questions and had difficulty speaking, but made very loud responses, the complaint states.
According to the complaint, Officer Miller then asked McElravy if he needed help, but McElravy stated he did not; however, when asked to turn off his vehicle, he allegedly refused. Officer Miller then opened the door of the vehicle, and McElravy allegedly said: “Don’t you open my door” and seemed very agitated. Officer Miller then told McElravy again why he was being stopped and stated that he smelled the odor of alcohol coming from his breath, and McElravy allegedly replied: “No you can’t, I wasn’t breathing that much.”
McElravy was finally able to get his wallet from his pocket, but initially handed Officer Miller his debit card. Several minutes later, Officer Miller was also able to get McElravy out of the vehicle, though McElravy had difficulty on his feet. McElravy also allegedly refused to answer questions about how much he had to drink. Officer Miller then proceeded to attempted to perform a horizontal gaze nystagmus test, but McElravy was allegedly unable to see or follow the stimulus and then became argumentative, saying he could see it but wouldn’t follow it. McElravy then attempted to walk away, and Officer Miller grabbed his arm and told him he was under arrest, the complaint indicates.
The complaint notes that when asked to put his hands behind his back, McElravy failed to do so and attempted to resist as Officers Miller and Gallagher put his hands behind his back and handcuffed him.
McElravy was then transported to Penn Highlands Brookville for a blood draw.
Upon arrival at the hospital, Officer Gallagher notified Officer Miller that McElravy appeared to be bleeding from somewhere and there was blood on the seat. Officer Miller then noted McElravy was bleeding from the pointer finger of his right hand. McElravy was then treated by the Emergency Room staff. He consented to a blood draw and signed the consent form, though the complaint notes he continuously interrupted Officer Miller and uttered “things that didn’t make sense,” according to the complaint.
The blood draw was then completed, and a family member was called to give McElravy a ride home.
The charges were filed through Judge Bazylak’s office on November 18.
