Mo. state senator apologizes following suspected DWI arrest

COLUMBIA, Mo. (AP) -- A Missouri state senator has apologized following his arrest Saturday on suspicion of driving while intoxicated and causing an accident, an incident that included police and hospital staff fighting over his urine sample.

Sen. Chuck Graham, D-Columbia, didn't specifically mention the accident or his arrest in the written apology. He wrote that he was "sorry this incident occurred, not for myself, but for the other people involved and for those who have put their trust in me." He also wrote that he was "doing my best to cooperate with everyone involved."

Graham told the St. Louis Post-Dispatch that he doesn't plan to resign.

Columbia police said they were called to an accident Saturday night where Graham's car rear-ended another vehicle, which then hit a third vehicle.

Police said Graham initially denied drinking alcohol and then said he'd had a "few drinks" over the last two hours and later said he'd had two beers. Six witnesses told police they had seen Graham intoxicated.

A police report said Graham failed some field sobriety tests and said he couldn't perform others because of his "paralyzation problem" -- he uses a wheelchair as a result of a car accident that left him partially paralyzed when he was 16. Police also said he refused six requests to take a breath test.

Graham's attorney, Robert Murray, cautioned that he believed the police report was not an accurate depiction of what happened, but he said he was still gathering details and couldn't discuss what was inaccurate in the report.

Graham was taken to the police department but, after speaking with Murray, asked to be taken to a hospital for a bruise on his arm.

At the hospital, he urinated in a plastic container but hospital nurse Scott Schultz refused to allow police to take it as evidence, the report said.

"Schultz was angry," Officer Don Weaver wrote. "His fists were clenched, and the muscles in his forearms were flexed. His voice got progressively louder. He began pointing his finger at me as he continued to yell at me and order me to relinquish custody of my evidence. He repeatedly informed me that I was not leaving the room with the evidence."

Weaver took the sample after hospital security twice tried to stop him and got a search warrant for a sample of Graham's blood. Tests on the blood are pending.

University Hospital spokeswoman Mary Jenkins defended the staff in an e-mail to the Columbia Missourian.

"Our responsibility is to provide medical care for our patients and respect their privacy," Jenkins wrote.

Police Chief Randy Boehm said the officer also acted appropriately, but that police are not planning to file charges against the hospital.

"Everyone was trying to do what they thought was their job," the chief said.