7/12/2013 11:44:00 PM Perkins Police Officer Dragged During Traffic Stop
By Patti Weaver Journal Correspondent
A Stillwater man has been jailed on $100,000 bail in connection with a July 5 incident in which a Perkins police officer was allegedly dragged by a car for about 15 feet -- while attempting to make a traffic arrest.
Brian Lawrence Brown, 23, whose car later allegedly reached speeds over 100 m.p.h., was charged Monday with eluding a police officer and endangering others, along with resisting an officer.
Perkins Police Officer Kyle Howard wrote in an affidavit that at 12:20 a.m. on July 5 he was traveling west on Highway 33, just west of North Main Street, when he noticed a red Pontiac in front of him in the outside lane drifting partially into the inside lane.
"The vehicle then drifted back into the inside lane continuing past the fog line and was partially driving on the shoulder. The vehicle corrected and again went across the fog line," the affidavit alleged.
After the Perkins officer activated his overhead lights, Brown pulled the Pontiac over to the right shoulder, the affidavit said.
"I asked him why he was failing to maintain his lane and he said he wasn't familiar with the area because he was from Stillwater," Howard wrote in his affidavit.
"I asked him how long he has lived in Stillwater and he said about two semesters. He added that he didn't know Cushing (although we were in Perkins) very well and that is the reason for his driving behavior," Howard wrote in his affidavit.
After the officer noticed that Brown smelled of alcohol, "Before I was able to ask him about the odor, he said his passenger had been drinking," Howard wrote in his affidavit.
"I asked him if he had any alcohol tonight and he chuckled and advised me that he was the designated driver," Howard wrote in his affidavit.
"I told Brian to exit the vehicle and he replied, 'What for?' I informed him to complete my investigation and traffic stop," Howard wrote in his affidavit.
"At this point, he partially rolled up his window and told me that he was not exiting the vehicle. I told him that he was obstructing my investigation and to exit the vehicle," Howard wrote in his affidavit.
Brown's passenger was telling Brown to give the officer his identification, the affidavit said. "Brian again said he wasn't exiting the vehicle," the affidavit alleged.
"I informed that I would have to break his window and extract him that way and arrest him for obstruction. He told me that he wasn't getting out because he didn't have to," Howard wrote in his affidavit.
Using a handheld device that wasn't working properly, the Perkins officer then asked a Payne County dispatcher to send a deputy to his location, the affidavit said.
"I then tried to open the driver's side door, but it was locked. I told him (Brown) to open the door and he told me he wouldn't," Howard wrote in his affidavit.
"I shined my flashlight that was in my left hand inside the car and looked at Brian's hands for weapons and reached in the window that was partially rolled up to grab the inside door handle to unlock the vehicle and place Brian under arrest like I previously told him," Howard wrote in his affidavit.
"Brian put the car in drive and accelerated quickly with my arm inside the vehicle. Due to the window being partially up and grabbing the door handle, I didn't have enough time to get my arm out of the car.
"I was drug by the car for about 10 to 15 feet before I freed my arm. I caught my balance and did not fall to the ground at any point. I sprinted back to my patrol unit and initiated a pursuit," Howard wrote in his affidavit.
"I saw the vehicle driving at a high rate of speed and turn north onto Highway 177," with the Perkins officer in pursuit traveling 120 m.p.h. to 130 m.p.h., but not catching up to Brown, Howard wrote in his affidavit.
"While still traveling northbound on Highway 177, Brian almost hit a vehicle in the inside lane of traffic that was also going northbound. Brian slowed down quickly and started pulling over to the shoulder of the road.
"I thought he was ending the pursuit, but he turned eastbound on 68th Street (This was about four miles of speeds over 100 m.p.h.) Brian continued his erratic driving at speeds over 100 m.p.h. on 68th," Howard alleged in his affidavit.
"Deputy Nick Myers was on 68th Street facing eastbound awaiting for Brian so he could attempt to stop him. Brian slowed down some and went just left of Deputy Myers almost hitting the back of his patrol unit at a high rate of speed.
"Brian kept swerving into oncoming traffic lanes back into his appropriate lane. At 68th and Highway 108, Brian again went through a controlled intersection without stopping.
"Brian went though the intersection at such a high rate of speed and attempted to turn north that he fishtailed the vehicle but recovered. At this point, we were about 10 miles from the original traffic stop.
"We approached the intersection of Highway 108 and Highway 51 and Brian went through the intersection on Ripley Road," which is a gravel road, the affidavit alleged.
"The pursuit was called off about a mile north of Highway 51 on Ripley Road due to the dangerous high speeds and low visibility due to the dust," the affidavit said.
"Payne County Deputy Bobby Miller found the suspect vehicle again and initiated a pursuit," which was terminated at 12:51 a.m., the affidavit said.
At 1:55 a.m. while the Perkins police officer was at the Perkins police station looking at his toe that was injured when he was allegedly dragged by Brown's vehicle, a dispatcher reported that Brown was being held in investigative detention by Stillwater police.
When the Perkins police officer arrived in Stillwater at Lakeview and Washington at 2:12 a.m., he saw a red Pontiac and many police vehicles, the affidavit said.
"I told Brian Brown that he was under arrest. He said he had no idea what was going on and that he didn't try to run earlier," Howard wrote in his affidavit.
Brown's passenger told police "he had no choice in the pursuit and he was scared," the affidavit said.
The passenger said "the reason Brian wouldn't get out of the vehicle was because Brian had a snub-nosed .38 revolver at some point in the car. He said that Brian was also intoxicated," the affidavit alleged.
"I went back to the vehicle and searched for the pistol, but it was not found," Howard wrote in his affidavit. Brown's passenger "said he didn't know if Brian threw it out of the window or not because he was too fixated on the road," Howard wrote in his affidavit.
According to the affidavit, when Brown was given a breath test at the Payne County Jail, he had a .04 blood alcohol level -- half the amount required for drunk driving.