By Savannah Kelley and Sabrina Fuller
Originally Published: Apr. 4, 2024 at 3:39 PM CDT|Updated: 16 hours ago (by Tallahassee Police Department denies misconduct in viral DUI investigation, attorney files motion to dismiss (wctv.tv)
TALLAHASSEE, Fla. (WCTV) - The Tallahassee Police Department is responding to allegations that an officer unsealed a bottle of alcohol and poured it out while completing a traffic stop. The driver, identified through court records as Calvin Riley, was charged with DUI and driving while license was suspended or revoked after the May 2023 encounter.
Body camera footage obtained by the group Our Tallahassee was shared on X (formerly known as Twitter), and has been viewed more than 2 million times in the past 24 hours. The post raised a myriad of questions about the stop, and Riley’s trial, which is set to get underway Friday. Less than 24 hours before the trial is set to begin, Riley’s public defender has filed a motion to dismiss, citing “egregious government misconduct.”
The Case
According to court records, Riley was pulled over on May 7, 2023, at the intersection of S Monroe Street and Laura Lee Avenue, after an officer observed his car “briefly swerved toward the lane of travel to the right as another vehicle was approaching, then yielded in the turn lane.”
In a probable cause affidavit, the officer notes she smelled “the distinct odor of alcohol” and that Riley had “extremely watery, bloodshot eyes.” She and another officer interacted with Riley, who declined a field sobriety test, according to court documents.
“A search of Riley’s vehicle yielded a small (approximately 5 fluid ounces) bottle of vodka that was opened, in a pocket on the driver’s seat cover,” the officer wrote in the affidavit. That detail has now become the center of public scrutiny.
During the stop, Riley was arrested and charged, and he later bonded out of jail. According to court records, he entered a not guilty plea just a few weeks after the stop, on June 23, 2023.
Evidence Questioned
Before the body camera footage and its released garnered national attention, Riley’s public defender sought to have key pieces of evidence suppressed. In a motion filed in February, his attorney wrote, “the liquor bottle should be suppressed because law enforcement’s unsealing of the bottle and destruction of its contents deprives Mr. Riley of his right to due process.”
His attorney also sought to have statements made by Riley suppressed, alleging he said them before officers were able to “mirandize” him. This refers to the Miranda ruling that requires law enforcement to inform someone of their legal rights to protect them from self-incrimination.
According to court minutes from a late February motion hearing, a judge ultimately decided to deny the motion to suppress the alcohol bottle. The judge did, however, grant the portion of the motion to suppress several statements made by Riley during his interaction with the TPD officers.
Video Goes Viral
Our Tallahassee released an edited video Wednesday, showing body camera video and at times providing narration about Riley’s case. WCTV has requested and paid for the footage from TPD, but a statement posted by the police department Thursday indicates, “we will make the full video available for release after the trial has concluded.” It’s unclear whether any paid public records requests for it will be fulfilled prior to the trial.
The video clips posted on X quickly caught national attention, with critics claiming it shows wrongdoing. TPD pushed back on those allegations Thursday, saying in a statement it is aware of the viral videos and “thoroughly reviewed the incident and did not find any evidence of misconduct.” The statement continues, “it is reprehensible that video intended to sway a jury and do a disservice to those involved in this trial be released when and how it was.” The quotes are attributed to Police Chief Lawrence Revell.
Tallahassee Police on X: "The Tallahassee Police Department is aware of portions of body-worn camera video that began circulating on social media two days before a case was set to go to trial. We have thoroughly reviewed the incident and did not find any evidence of misconduct. https://t.co/CGB9sA2ZoC" / X (twitter.com)
WCTV reached out directly to TPD, the State Attorney’s Office, and the 2nd Circuit Public Defender’s Office for comment Thursday morning, prior to TPD releasing the statement.
As of Thursday afternoon, the State Attorney’s Office declined to comment before trial. TPD did not respond directly to inquiries.
The Public Defender’s Office released a statement acknowledging it is aware of the release of the footage.
“Our team’s focus right now is to defend Mr. Riley to ensure that no further injustice is done to him,” the office wrote in an email.
Trial Scheduled
At last check, Riley’s trial is still scheduled for Friday morning, but his public defender filed a motion to dismiss on Thursday. In the document, attorneys for Riley reference the body camera footage and argue that the contents of the bottle “will never be known” because the officer “opened the bottle, partially poured out the contents, and then inexplicably tossed the bottle back into the car.”
According to online records, a jury and alternate jurors were seated Tuesday. It will be up to the assigned judge to decide whether the trial moves forward as scheduled.
Community Concerns
Local attorney, and president of the Tallahassee NAACP, Mutaqee Akbar spoke with WCTV about the case Thursday. Akbar noted that regardless of the officer’s intent, the public deserves an explanation of what unfolded.
“I think they need to hold that officer accountable for in the game of whether it was an unintentional mistake or just a mistake,” Akbar said. “There needs to be, she needs to be, held accountable for that. Because I think when officers are held accountable, that that brings more trust with the community.”
WCTV also spoke with legal analyst Joe Bodiford, a Tallahassee-based attorney, about how the release of the video could play a factor in the case. Savannah Kelley will have live reports on Eyewitness News at 5 p.m. and 6 p.m. on the case and what’s next.
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