Although Sgt. James Egan pleaded down from drunken driving and
hit-and-run charges to a dry reckless, we are disappointed Police
Chief Jeff Miller’s response to the case focused solely on his
”
outstanding
”
history of service and neglected to mention any disappointment
in the off-duty officer’s actions.
Although Sgt. James Egan pleaded down from drunken driving and hit-and-run charges to a dry reckless, we are disappointed Police Chief Jeff Miller’s response to the case focused solely on his “outstanding” history of service and neglected to mention any disappointment in the off-duty officer’s actions.
Egan on Dec. 1 accepted the plea after he had tested with a .05 percent blood-alcohol content two hours after a minor accident on Highway 25 prompted his transport to the hospital.
The San Benito County District Attorney’s Office at first had charged Egan on suspicion of driving under the influence as recommended by the arresting state patrol officer.
But his attorney argued the officer who had arrested him lacked probable cause and the science in estimating a BAC hours later is flawed.
Letter of the law aside, police officers are responsible for enforcing the dangerous acts for which Egan has been questioned, that all too often lead to unnecessary, innocent tragedy on the roads. Egan on that night broke the public’s trust as an authority of the law – telling by his .05 BAC taken two hours later at the hospital, it is likely that he was legally drunk at the time, or close to it.
Miller declined to comment on the anything related to the case, noting how it’s a personnel matter, but did point out that Egan has a history of outstanding service
Miller did not have to vilify his own sergeant, but he certainly should have expressed an appropriate disappointment in the case as a whole, or perhaps talked about the dangers of drunken driving. Egan did, after all, plead no content to reckless driving and faces a sentence of probation for a year, a $480 fine and 40 hours of community service for the misdemeanor conviction. At .05, he undoubtedly was, at least, near the legal limit. He made a poor judgment call that night – a potentially disastrous one at that.
Miller missed an opportunity, and by failing to note the unfortunate reality of this case, he publicly has expressed a tolerance for Egan’s lapse.
