EGPD Officer Testifies That Gantan Said She Drank Lemonade, No Alcohol Prior to Accident

September 10, 2012 |

On the second day of the trial of DUI vehicular manslaughter suspect Heile Gantan, the police officer who administered the field sobriety exam testified the suspect claimed she had not consumed alcohol before the May 29, 2011 accident that claimed the life of Oscar Ivan Camero.

Under questioning by Deputy District Attorney Keri Reeve, Elk Grove Police Officer Daniel Templeton said as the primary field sobriety testing officer, he arrived on the scene soon after the accident and that Gantan displayed signs of intoxication. Templeton, who positioned himself to directly address the jury, said that Gantan, while calm, smelled of alcohol, had bloodshot eyes and swayed as she talked.

Templeton said Gantan, who had several abrasions on her face, did not want to be taken to an area hospital. After she was asked to submit to a field breath alcohol test, Gantan then requested medical treatment at a hospital.

Templeton also said that Gantan admitted that she was driving the vehicle but denied that she had consumed alcohol.

"Did you ask Ms. Gantan if she was drinking alcohol," Reeve asked Templeton.

"Yes I did," Templeton said. "She said no, that she had only drank lemonade."

Templeton said he then conducted several field sobriety tests on the suspect that demonstrated several objective signs of impairment. A field breathalyzer test determined that Gantan had a .111 alcohol level, above the .08 limit, and a hospital blood test showed a .110 blood alcohol level.

On cross examination by defense attorney Don Masuda, Templeton was asked to restate the questions he asked Gantan.

"The question I asked was, 'You appear to have been drinking alcohol. I smell alcohol coming from you. What alcohol beverages have you been drinking?'" Templeton said as he read from his official report. "Her answer was, 'From what I know, I was only drinking lemonade. I did not drink any alcohol.'"

Masuda further stated to Templeton that he indicated Gantan had fully answered his questions during his field interview and asked if he believed Gantan had answered all the questions truthfully, including whether she was on any medication or under medical care.

"You have no reason to believe that is not true," Masuda said to Templeton. "Do you agree with that?"

"Yes," Templeton replied. 

Also testifying on behalf of the prosecution was Elk Grove Police Officer Bruce Husong. A motorcycle officer, Husong said based on his interest, training and knowledge of vehicle mechanics, he was one of the department's post-accident vehicle inspectors.

During his testimony, Husong said that on June 1, 2011 he completed a limited inspection of the red 1989 BMW involved in the accident. Asked if there were any defects he could visually see, Husong said the rear tires indicated extensive wear and the front and rear tires were different sizes and makes.

"The left rear tire was completely bald, the steel belts on the tire were exposed," he said. "The right side tire was not completely bald, there was a little thread on it."

When asked by Reeve about the car's right front strut, he said upon further inspection, it appeared to have been replaced and properly installed. 

"In your vehicle inspection, did you find anything mechanically wrong that would have contributed to the collision," Reeve asked Husong.  

"No, none whatsoever," Husong said.