Law Enforcement Support

Mission Moment – February 2020

Sergeant Mark Bustamante, Pima County, AZ Sheriff’s Department

The Unasked Question

On December 10, 2016, I was one of the supervisors for our DUI Task Force that evening. One of our deputies stopped a vehicle traveling 71 MPH in a 45 MPH zone. He requested a backup unit, and I responded.

He advised me in our cop or DUI code that he had a possible drunk driver. He made the arrest, and he escorted her to his vehicle. The deputy told the lady, identified as Yessenia Gonzalez, to get into the vehicle. She refused, and she put her foot in the rear wheel well of the vehicle. I pulled the foot away, and she was forcibly placed in the car by us. I lost focus for a split second, and she kicked me in the left eye with the heel of her boot.

I knew right there that I lost my eye. More units arrived, and Gonzalez was taken to another vehicle by another deputy, and he was assaulted by her as well. Her Blood Alcohol Concentration was .194.

I was advised by the County Attorney assigned my case that Gonzales was evaluated by a doctor and determined to be insane at the time she kicked out my eye. I asked how could this be? She had a BAC almost two and a half times the legal limit. Another evaluation was conducted on Gonzalez by another doctor. This doctor also determined Gonzalez to be insane at the time of the incident as well. Two doctors evaluated Gonzalez months after the incident, and she was probably sober.

I did not, and I still do not know how this diagnosis can be made without the consideration of alcohol and its effects to Gonzalez during that life changing evening. I figured the questions I asked would be answered in court.

They never would be answered. The County Attorney wanted to plea this case out due to two doctors giving the same diagnosis. In Arizona, Guilty Except Insane is an affirmative defense. Let’s see what a jury will say about this.

A plea of three years probation eligible was offered and taken without advising me. As the victim I have rights. One of these rights is to be informed and to ask for my input. I forwarded this information to friends, and it somehow made it back to the County Attorney’s Office. I received a phone call from the Pima County Attorney herself Barbara LaWall. She stated she was sorry for what happened to me. She stated that there never was a time that two doctors gave the same diagnosis. She asked me what I wanted her office to do. I told her I wanted her to take this case to trial. She stated she would.

Another attorney was assigned to help the case. During this case, one of the attorneys took another job with the Attorney General, and the other one was promoted to Chief Criminal Deputy. He is running for Pima County Attorney in 2020. A third attorney was given this case. The plea was offered again and accepted for three years probation eligible. I was told that we would probably lose the case because of the evaluations, and that Gonzalez would be held accountable for her actions during probation.

I spoke in front of the judge explaining I was not informed of the plea offer. It was not explained what exactly the plea entails regarding amounts of time Gonzalez would have to serve. The original charges were dismissed or watered down to its barest elements. Minimal charge equals minimal sentence.

At the Sentencing, I expressed my displeasure with the way my case was handled by the County Attorney’s Office. I was victimized as much by them as I was by Gonzalez. I explained no one had the courage to ask questions regarding insanity, PTSD, high levels of alcohol and how they affect the body. What was in control of Gonzalez when she resisted arrest and kicked out my eye? Sane drunks have assaulted and injured police and first responders. My daughter is a sophomore in high school, and she said that drinking alcohol changes one’s behavior. This will set a very bad precedent in the future for law enforcement and first responders. But no one wants the answers to those questions.

In the end, Gonzalez was sentenced to 5 years probation and 90 days in jail. She was taken into custody right there. The 5 years probation and 90 days in Jail are from her plea to the charge of DUI over .15, and the sentences of Arizona DUI laws.

I would like to thank the Tucson Chapter of Mothers Against Drunk Driving. They have supported my family and I through this.

*Editor’s Note*

After the assault on Sergeant Bustamante, he lost the use of his left eye. The injury in turn ended his career in law enforcement as he was forced to take early retirement. This life changing event for Mark is an example of the dangers our law enforcement heroes face each time they put the uniform on and walk out the door for their tour of duty. MADD appreciates and salutes heroes like Sergeant Bustamante who place themselves on the front lines in the face of these threats and dangers to make all our communities a safer place.

Guest Author – February  2020

Chief Danny Sharp - Oro Valley, AZ Police Department
Chair - IACP Highway Safety Committee

In the 40 years since MADD’s creation, impaired driving crashes have continued to cause unnecessary death and injury, affecting the lives of hundreds of thousands of people.

The National Highway Traffic Safety Administration (NHTSA) reported 36,560 people were killed in car crashes in 2018. Impaired driving crashes killed 10,511 people; resulting in 28.75% of all fatalities that same year.

This is an unconscionable number to grasp when you realize that 100% of impaired driving crashes are preventable.

If enforcing alcohol impairment wasn’t difficult enough, increases in poly-substance abuse through the availability of synthetic opioids, over-the-counter medications, prescription drugs, low cost methamphetamines and the legalization of marijuana, have created challenges for law enforcement in their attempt to effectively investigate and arrest impaired drivers.

In addition to complex roadside investigations, prosecutors are also having a difficult time in court explaining how poly-substance abuse affects impaired drivers and in many cases, they are having to forgo prosecution due to low BAC’s not hitting the presumptive limit.

The International Association of Chiefs of Police (IACP) Technical Advisory Panel (TAP), in collaboration with NHTSA, have been working hard to train drug recognition experts (DRE’s) across the country in an effort to improve drug identification and enforcement. NHTSA’s Advanced Roadside Impaired Driving Enforcement (ARIDE) courses are also being taught nationwide to bridge the gap between Standard Field Sobriety Testing (SFST) and the Drug Evaluation and Classification (DEC) Program. This program is also offered to other criminal justice professionals, such as prosecutors, in hopes of training them to better illustrate and understand the signs of impairment related to poly-substance use. Police officers and prosecutors alike have to become more technically trained if we hope to reduce impaired driving crashes.

As of October 2019, there were only 9,170 DRE’s worldwide. California Highway Patrol leads the nation with 1,894 DRE’s. Due to marijuana legalization in Canada, the Royal Canadian Mounted Police and Ontario Provincial Police are aggressively training new DRE’s. Currently, the two organizations are hosting 25 DRE’s schools each year with the goal of adding 400 DRE’s annually.

Law enforcement needs more certified DRE’s if we hope to combat poly-substance impaired driving. I encourage all police departments to get their officers trained in ARIDE and DRE. If poly-substance abuse is going to be the “new-normal,” law enforcement needs to be prepared to effectively address it both on the road and in the courts.

Officer of the Month – February 2020

Officer Ryan Goss - Oro Valley, AZ Police Department

Officer Goss is the recipient of MADD’s Law Enforcement Officer of the Year award for Southern Arizona in 2019. He is very active in his agency’s enforcement programs to include impaired driving.

In addition to his DUI enforcement work, Officer Goss is trained and certified to operate his department’s radar equipment, perform roadside field sobriety tests and is a certified phlebotomist.

Ryan’s Chief, Danny Sharp, made the following statement, “Drug and alcohol impaired crashes needlessly kill more than 10,000 people each year. I am extremely proud of Officer Goss and his efforts in removing drug and alcohol impaired drivers from our community before they harm someone and I truly appreciate the wonderful partnership we have with MADD.

Officer Goss states, “It’s silly to do something like drinking, smoking marijuana or taking prescription pills greater than your dosage and going out and getting behind the wheel of a vehicle. You don’t realize what it does to you. I’ve had multiple people that I arrest and they’re like ‘I felt fine’ and I say, ‘Well you did absolutely terrible’.”

Ryan is well qualified to be selected as our MADD February Officer of the Month for his work and dedication in keeping the roadways within his community safe.

MADD extends our deepest condolences to the agencies and families who have lost officers and loved ones in the line of duty

Loading RSS Feed

Ottawa Police Department (IL)

Patrol Officer Brian Sember died from complications as the result of contracting COVID-19 in the line of duty. Officer Sember was a United States…

East Baton Rouge Parish Sheriff’s Office (LA)

Sergeant Nick Tullier succumbed to injuries sustained six years earlier when he was ambushed by a subject outside a convenience store at 9611 Airline…

Vestavia Hills Police Department (AL)

Police Officer Darryl Fortner died from complications as the result of contracting COVID-19 in the line of duty. Officer Fortner had served with the…

Knox County Sheriff’s Office (IL)

Deputy Sheriff Nick Weist was struck and killed by a vehicle as he deployed spike strips during a vehicle pursuit of an armed subject….

Hamilton County Sheriff’s Office (IN)

Deputy Sheriff Doug Sanford died from complications as the result of contracting COVID-19 in the line of duty. Deputy Sanford was assigned as the…

Cayce Police Department (SC)

Police Officer Drew Barr was shot and killed as he and other officers responded to a domestic disturbance call at a home on Rossmore…

Ohio County Sheriff’s Office (KY)

Deputy Sheriff Jerry Critchelow died five days after suffering a heart attack while directing traffic on Route 231 in front of Ohio County High…

Franklin Police Department (TN)

Police Officer II Jeff Carson suffered a fatal heart attack shortly after moving a heavy couch from the travel lanes of I-65 near Cool…

El Paso County Sheriff’s Office (CO)

K9 Jinx was shot and killed when responding to a call of a person brandishing a firearm at the 900 block of Manitou Avenue…

Franklin County Sheriff’s Office (NC)

K9 Major was shot and killed while attempting the apprehension of an armed robbery suspect in Granville County, North Carolina. A subject involved in…

For a complete listing of Officers lost in the line of duty, please visit: www.odmp.org

Resources