Woman with BAC of .152 Kills Police Officer!

"I'm sorry, I didn't mean to kill him. I was just drunk." —Charmi Aizawa Retuyan

Family mourns fallen officer
Driver charged with vehicular manslaughter

Police Officer Francis E. FrankThe family of Frank Smith, the Guam Police Department officer killed while on duty Sunday morning, leaned on each other as they exited Superior Court Judge Elizabeth Barrett-Anderson's courtroom yesterday.

The family watched as the woman arrested in connection with the death, Charmi Aizawa Retuyan, was officially charged and ordered to be held on $250,000 cash bail.

Outside the courtroom Frank Smith's wife, Tishawna Smith, sobbing, described the man she loved.

"He was a good man. He was a loving man. He enjoyed his work and loved his family. He was a jokester. He loved life. He loved his job so much. He was out there to protect people like (Retuyan)," Tishawna Smith said.

Frank Smith was responding to a riot call at a nearby bar when his motorcycle was struck by Retuyan, who was allegedly under the influence when she failed to yield in front of the Fiesta Hotel, then fled the scene.

According to court documents, Retuyan had a blood alcohol level of .152 when she was arrested [emphasis added], exceeding the legal limit of .08.

Chief prosecutor Phil Tydingco said the case will be a priority.

"All homicide cases are a priority to our office. Certainly this has special significance to us because it's, like, one of our own," Tydingco said. "He was killed in the line of duty, trying to protect us. We take that very seriously and we are going to do our best to prosecute to the fullest extent of the law."

Frank Smith's brother, Gerald Smith, hoped that people would remember his brother .

"I just hope everyone will honor my brother," said Gerald Smith as he was overcome by tears. "He was courageous. He was committed to his work and saving the public."

Frank Smith's fellow officers at the Tamuning/Tumon precinct will be honoring their fallen comrade. The officers were setting up a memorial at the precinct yesterday afternoon.

Frank Smith's supervisor, Sgt. Rock Anciano, described Frank Smith, or "Smitty," as he was known around the precinct, as an exceptional officer who dedicated 10 years of his life to the force.

"Anytime I needed something done out here, like a robbery would take place or a major crime, he was my go-to man," Anciano said.

Anciano said that Frank Smith had been pivotal in the Dededo drug bust and arrest of Raymond Duenas that took place earlier this year. The sergeant said that Frank Smith was going to be up for Officer of the Year this year and the plans for the nomination will most likely go forward.

Officer Merci Grino, administration officer at the precinct, recalled the days before Frank Smith officially became an officer, when he went on ride-alongs with her because he was so passionate about law enforcement.

Grino also mentioned how much her fallen comrade loved riding his motorcycle.

"He loved being on a bike. The bike he had, he started that from scratch. He fixed that bike up. He learned how to fix it because he wanted one so bad because the department couldn't issue it at the time," Grino said.

The officer hoped that the death of her peer would not be in vain.

"I wish that the public would learn from this. Before you get into a car after having even one beer, think of the consequences. It didn't have to happen," Grino said.

Anciano said that anyone wishing to help the family can drop off donations at the precinct, and they will pass them along. The sergeant said a number of people already had and they were thankful for the community's support.

"Pray for him. Pray for his family and his kids especially," Tishawna Smith said.

END

SOURCE: http://www.guampdn.com/apps/pbcs.dll/article?AID=/20080101/NEWS01/801010301/1002


I scanned the following article from the December 31,2007 Pacific Daily News:

The drunk driver, Charmi Aizawa Retuyan, had a BAC of .152 (nearly twice the legal limit!)

SOURCE: December 31, 2007 magistrate's complaint (.PDF) against Charmi Aizawa Retuyan, Superior Court of Guam.
 

Below: Officer Smith's wife (wearing green) and family grieving at the scene where officer Smith was killed.

"I'm sorry, I didn't mean to kill him. I was just drunk."
—Charmi Aizawa Retuyan

SOURCE: December 31, 2007 magistrate's complaint against Charmi Aizawa Retuyan, Superior Court of Guam.


RELATED:

THE CHARGES

Charmi Aizawa Retuyan [drunk woman who killed police officer]

  • Manslaughter
  • Vehicular manslaughter
  • Driving while under the influence of alcohol
  • Driving while under the influence of alcohol (BAC)
  • Reckless driving
     

    WHAT'S NEXT
     

  • Charmi Aizawa Retuyan is scheduled to appear in the Superior Court of Guam on Jan. 10 for a preliminary hearing.
     
  • MAGISTRATE'S COMPLAINT

    Some of the details from the magistrate's complaint against Charmi Aizawa Retuyan, who is charged with manslaughter, vehicular manslaughter, driving while under the influence of alcohol and reckless driving in connection with the death of Guam Police Department officer Frank Smith.

  • The passenger in the vehicle driven by Retuyan, Myme Y. Aizawa, told a police officer Retuyan appeared intoxicated when Aizawa picked her up from Mariana's Trench, where Retuyan worked, around 2:20 a.m. Aicawa initially refused to let Retuyan drive, but relented to avoid an argument.
     
  • Aizawa said the two then drove to Fiesta Resort Hotel, and Retuyan left the car, returning 30 minutes later, appearing even more intoxicated. Aizawa again initially refused to let Retuyan drive, but again relented.
     
  • Aizawa also said after Retuyan struck the police motorcycle, she didn't stop but continued at a high rate of speed until Aizawa finally convinced her to pull over at the parking area across the Holiday Inn Resort.
     
  • Bendict Mantanane, who was working as a bouncer for Club Pash in the Fiesta Resort Hotel, testified he denied a woman entrance to the club because she appeared intoxicated. The woman said she'd only had a few shots of Patron tequila. Mantanane said he later saw the woman driving a dark SUV toward the road at an excessive rate of speed, then heard screeching tires and a loud, violent impact sound. He ran to the road and saw Smith next to a GPD motorcycle, and attempted to render aid.
     
  • Officers J. Rechulk and Jeremy Joel Celis were in a police cruiser en route to Fiesta Resort Hotel in response to a report of a downed officer when they received a report of the suspect vehicle, which they observed in the extended parking area of the Holiday Inn. They pulled behind the vehicle, noting extensive damage to the driver's side door and fender area.
     
  • The officers instructed the women to exit the vehicle, but the driver, Retuyan, initially refused and stated, "It's not my fault." Retuyan finally got out of the SUV after six requests. Officer Rechulk noted a strong odor of alcohol on the driver, and said she was belligerent and cursing.
     
  • After transporting Retuyan to the DUI van at about 4:10 a.m., Officer J.H. Yi said Retuyan was swaying back and forth and had a strong odor of alcohol on her breath, and had to be asked several times to calm down.
     
  • Officer Yi said Retuyan said: "That's only an accident, it's not my fault! The cop is the one who hit my car! Who (expletive) is going to pay for my car? ... I'm not (expletive) drunk! I only had two shots of Patron tequila!"
     
  • At about 4:30 a.m., Retuyan was advised of her Miranda rights, which she waived, and agreed to a breath alcohol test. The result was a blood alcohol content of 0.152 percent.
     
  • Officer J.E.D Santo Tomas provided watch over Retuyan while she was treated at Guam Memorial Hospital for several small lacerations and abrasions. He said he heard Retuyan state, "I'm sorry, I didn't mean to kill him. I was just drunk."

    Source: Dec. 31 magistrate's complaint against Charmi Aizawa Retuyan, Superior Court of Guam
     

    BLOOD ALCOHOL CONTENT
     

  • Blood alcohol content, or BAC, is the concentration of alcohol in blood. Under Guam law, the legal BAC limit is 0.08 percent.
     
  • According to the Superior Court of Guam Magistrate's Complaint against Charmi Aizawa Retuyan, Retuyan's BAC at the time of the crash was 0.152 percent.
     
  • Effects of BAC of 0.07 to 0.09 percent: Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgment and self-control are reduced, and caution, reason and memory are impaired, .08 is legally impaired and it is illegal to drive at this level. Drivers will probably believe that you are functioning better than they really are, according the National Institutes of Health.
     
  • Effects of BAC of 0.13 to 0.15 percent: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria — anxiety, restlessness — is beginning to appear.  Judgment and perception are severely impaired.

    Source: National Institutes of Health, www.nih.gov

    END

    SOURCE: December 31, 2007 magistrate's complaint (.PDF) against Charmi Aizawa Retuyan, Superior Court of Guam.

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