10 Investigates obtained the toxicology report for the man who died in connection with two deputies and a trooper being charged.
According to the toxicology report, Uriel Juarez Popoca has a metabolized alcohol level of 0.26 – three times over the legal limit to drive.
Troopers and Delaware County Sheriff’s deputies are accused of dropping Juarez Popoca, who was said to be drunk at the time, off at a Taco Bell along U.S. 36 instead of taking him into custody.
Juarez Popoca was struck and killed along U.S. Route 36 near Africa Road about 15 minutes later.
According to court records, Deputy Derek Beggs, Deputy Christopher Hughes and Trooper Sean Carpenter were charged with dereliction of duty in the Delaware County Municipal Court.
Attorney Sam Shamansky, who is representing Trooper Sean Carpenter, said that the toxicology report was irrelevant for his clients, because he said that the deputies were in charge of Juarez Popoca.
Dash camera video obtained by 10 Investigates reveals the trooper and deputies arguing about who was responsible for the intoxicated man.
“They already had a gentleman in custody, cuffed behind his back,” Shamansky said. “My guy doesn’t get within 10 feet of him. What’s he supposed to do? Tell these guys to take a walk? Absolutely not. That’s absurd. Ask any police officer if that’s protocol, the answer is of course not.”
Shamansky did not indicate he had much hope for a plea deal. He said that he expected either the prosecutor to drop the case or to send the case to trial.
Attorneys for the deputies did not return 10 Investigates’ calls.
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September 14, 2012: 2 Deputies, 1 Trooper Charged In Connection With Death Of Man Left At Taco Bell
September 4, 2012: New Dash Cam Analysis Shows Possible Misconduct By Deputies, Trooper
August 31, 2012: 10 Investigates Obtains Video Linked To Pedestrian Crash That Prompted Investigation
August 23, 2012: Criminal Investigation Underway In Death Of Man Left At Taco Bell
August 20, 2012: Questions Surface After Man Dropped Off At Taco Bell Dies
August 17, 2012: Ohio State Highway Patrol Troopers, Delaware County Deputies Under Investigation After Man Dies
July 29, 2012: Man Struck, Killed Along Delaware County Road