B. Wallingford charged with DWI, assault
Friday, November 2, 2012
Police say a Cape Girardeau man was so high on drugs when he rear-ended another vehicle on Oct. 5 that he had trouble getting out of his vehicle and appeared confused about whether there was a crash. Later, the same man assaulted officers while at the police department, according to court documents released Thursday, a day after charges were filed.
Brandon Scott Wallingford, 40, faces misdemeanor counts of driving under the influence of drugs and assaulting a law-enforcement officer, with each offense carrying a possible punishment of up to one year in the county jail. Wallingford was scheduled to make a court appearance on Monday, but one was canceled after Judge Gary Kamp recused himself.
Police reports have since indicated another arrest for Wallingford; this one within the last week, on suspicion of driving with a revoked license.
In the October run-in, Wallingford refused to allow a blood sample to be drawn for testing, which violates Missouri's implied-consent statute that requires the forfeiture of one's license when such tests are refused.
Wallingford could not be reached for comment on Wednesday. He is son of Missouri Rep. Wayne Wallingford of Cape Girardeau, who was elected to the Missouri Senate in August.
A probable-cause statement, prepared by officer J. Jensen of the Cape Girardeau Police Department outlines the police version of events that began about 8:30 p.m. Officers responded to a call of a motor vehicle accident at the intersection of Independence and West End Boulevard.
Jensen spoke with one driver, the statement said, who said Brandon Wallingford's 1999 Honda CRV rear-ended his vehicle which was stopped at red light. When Jensen asked Wallingford about the crash, he seemingly was confused, asking "What crash?"
Wallingford stumbled and used his vehicle for balance when he got out to inspect the damage, Jensen said in the statement. When Wallingford bent over to look at his bumper, he nearly fell over, according to the statement. This happened several times.
A female passenger in Wallingford's vehicle told police he had been driving erratically and nearly hitting curbs for several blocks, the statement said. Wallingford performed poorly on several aspects of a field sobriety test.
Police told Wallingford they believed he was under the influence of drugs and placed him under arrest. At headquarters, Jensen asked for blood and urine samples, according to the court filings. Wallingford refused. The officer also said Wallingford's father was called by police.
Wallingford became belligerent a short time later, according to the report, as officers attempted to put him into a holding cell. Wallingford began to resist, Jensen said, and he became combative and shoved the officers. When Wallingford refused an order to cease, police used a stun gun and placed him in handcuffs and shackles.
While there was a time lapse between the arrest and the filing of charges, Cape Girardeau County Prosecuting Attorney Morley Swingle said no preferential treatment was given to the state lawmaker's son. Police are informed not to schedule court appearances sooner than a month after a citation is written, as it takes time to prepare reports.
While Kamp recused himself, Swingle said he did not believe he would be inclined to bring in a special prosecutor for the case that looks to fall to assistant prosecutor Jack Koester.
"Jack doesn't know him from Adam," Swingle said.
100 Court St., Jackson, MO