Arrest report: Officer’s alcohol level twice limit

Keith Paul

Friday, Dec. 1, 2000 | 10:56 a.m.

A high-ranking Metro Police officer's blood-alcohol level was more than twice the legal limit when he was arrested after crashing his sport-utility vehicle, according to a police arrest report released Thursday.

Cmdr. Charles Davidaitis, 53, also attempted to persuade his wife to take the blame for the accident, threatened to harm himself prior to police coming to his house and made a hasty plan to flee to the airport, according to the report written by Lt. Csaba Maczala of the traffic unit.

Davidaitis was booked into the Clark County jail Sunday afternoon on driving under the influence and leaving the scene of an accident charges. He was later released on personal recognizance, jail officials said.

The 22-year member of the force is accused of smashing his 1999 Toyota Landcruiser into a light pole, a fire hydrant and a length of chain-link fence Sunday about 3 p.m. on Annie Oakley Drive in front of Bill Y. Tomiyasu Elementary School and then driving off down the street to his house, according to the report.

When Metro officers gave Davidaitis a breath test, he blew a 0.214 and then a 0.215 -- drivers are considered driving under the influence with a 0.10 blood-alcohol level, according to the arrest report. The report was originally released Monday, but much of the information was blacked out. Metro released the report again on Thursday after getting a legal opinion on what information they can release.

When officers showed up to Davidaitis' home, he was uncooperative, not steady on his feet and smelled of alcohol, according to the report.

When Lt. Maczala and Lt. Chris Carroll, the watch commander that day, asked to speak to Davidaitis, he responded, "I guess it's time to go to jail," Carroll wrote in his officer's report also released Thursday.

When Maczala first approached Davidaitis' home, the commander's wife, Louise Davidaitis, said, "I know why you're here. Charlie came home intoxicated. He told me 'he had messed up.' He stated he wanted to 'grab a gun and go kill himself.' "

According to Maczala's report, Louise Davidaitis said her husband "grabbed a duffle bag (and) hastily placed clothing into the bag. She stated he grabbed a large sum of money from his bedroom and he also threw his passport into the duffle bag and he advised Louise that he wanted a ride to the airport."

Carroll wrote in his report that Louise Davidaitis told him that her husband said to her, "You got to get me out of this."

Louise Davidaitis told the officers Davidaitis "tried to make her take the rap for the accident," according to the arrest report. "She told (Maczala) she would refuse to do so and that he was responsible for what he did and that he needed help."

Louise Davidaitis then told officers Davidaitis was driving the vehicle.

Davidaitis was relieved of duty Sunday and put on administrative leave with pay. The internal investigation into his actions is continuing, said Lt. Marc Joseph, a department spokesman.

Carroll noted in his report that he contacted Deputy Chief Mike Zagorski -- the commander's superior officer -- prior to talking with Davidaitis, saying the commander was a suspect in the accident.

"Chief Zagorski advised me to proceed with the case as if Cmdr. Davidaitis was any other citizen," he wrote.

Joseph said it's Metro's policy to notify superiors if an officer is involved.

"If there is an officer involved, we're not going to give special treatment to the person just because they are an officer," he said.

There have been cases recently of Metro officers involved in alcohol-related driving incidents, including:

In August, Sgt. Roy Phillips crashed his department car in a one-vehicle accident and was charged with driving under the influence. He received a 120-hour suspension.

In June 1999, Lt. Larry Spinosa was arrested by an Idaho State Police trooper on driving under the influence in McCall, Idaho. He received an 80-hour suspension.

In Aug. 1998, Officer Beverly Wagner was charged with driving under the influence after an accident. About two weeks later she was arrested on another DUI charge. She was fired in November 1998.

Davidaitis could face punishment from the department after the internal investigation is completed.

During the holiday weekend when Davidaitis was charged, Metro officers arrested 29 other people on driving under the influence charges.