Trooper Benched Over Equestrian DWI Charge Arkansas Horseman Files Suit Claiming Unlawful Arrest Oct. 31, 2000 By Seamus McGraw
BERRYVILLE, Ark. (APBnews.com) -- An state trooper who triggered a lawsuit when she charged a horseback rider with drunken driving will be doing duty as a desk jockey for a while, authorities said. Trooper Jana Cordes has been assigned to desk duty while an internal affairs investigation continues into her decision to charge Jeffrey Baldridge with driving while intoxicated, not having automobile insurance and careless driving after an Aug. 9 accident in which Baldridge's horse was struck by a car, said Trooper Donnie Belew. "She's not suspended, but she's on modified duty while the internal affairs investigation is going on," Belew said. Horse impounded, rider charged The case, which has spawned a state civil rights lawsuit, began about 9 p.m. on Aug. 9 as Baldridge was riding along a right of way beside eastbound Route 62 in rural Carroll County, according to court documents. Baldridge contends that his horse got spooked, ran up onto the highway and was struck from behind by a car, according to his lawsuit. When Cordes showed up at the scene, she arrested Baldridge on charges of driving while intoxicated, careless driving, and failure to produce an insurance card for the animal. Arkansas state law does not require that horses be insured, authorities say. Cordes also ordered the shaken equestrian to submit to a breath alcohol test, although Baldridge contends in his suit that "there was no statutory authority" for requiring him to submit. She also used an Arkansas law allowing police to confiscate a drunken driver's vehicle to impound the man's horse, which was not seriously injured in the accident, according to court documents. Trooper defends actions Cordes has defended her actions, claiming that she was within her rights to issue the summonses based on her interpretation of Arkansas law. But a week after the accident, she allegedly sent a letter to Baldridge informing him that she had "amended" the charges against him, citing him instead for public intoxication. According to Baldridge's lawyer, Cindy M. Baker, that letter marked the second time that Cordes appears to have exceeded her authority. Not only was she wrong to charge Baldridge with drunken driving, but she also was wrong to amend the charge, a move that can only be made in Arkansas by a judge, Baker said. No hearing date has yet been set for the lawsuit. In the meantime, the preliminary findings by the state police seem to support Baldridge's complaints. According to Belew, the department believes that Arkansas's drunken driving statutes cover transportation with wheels, not hooves. And under state law, once a person has been arrested for drunken driving, the charges can only be amended or dropped by a judge, he said.
