By Staff
CASSOPOLIS – For the second time in less than a month, a Cass County drunk driver tried to claim at trial that "it wasn't me."
And for the second time in less than a month a Cass County jury said "no sale."
On March 5, 2009, 53-year-old Tad Warner made the claim his wife was arrested for drunk driving.
The jury didn't buy it and convicted Warner of drunk driving.
Then, on Tuesday, March 31, another defendant, Wayne McNeil, 31, of 1114 Carberry Road, Niles, concocted the same defense – asserting a female friend was the driver and not him.
Like the Warner jury, the McNeil jury found the claim to be dubious.
A jury consisting of four men and two women unanimously found McNeil guilty of all counts.
McNeil had been charged by the Prosecutor's Office with operating while intoxicated, driving on a suspended license and transporting an open container of alcohol.
Cass County Prosecutor Victor Fitz said, "This is not a game. If perjury occurred it is a five-year felony. We will be investigating both of these matters further."
McNeil's case started on Nov. 23, 2008.
Cass County Deputy Darr Phillips and Reserve Deputy Oscar McNichols responded to a call of a white truck doing "doughnuts" in a field near Kristine Street in Howard Township.
The officers arrived and observed McNeil driving a truck matching that description.
As Deputy Phillips turned on the vehicle to affect a traffic stop, McNichols observed McNeil in the driver's seat.
No one else was seen in the truck.
McNeil quickly turned into a driveway with the officers approximately a half-minute behind him.
Testimony from Deputy Phillips established that the driver's side door was open and that one set of footprints in the snow lead off from the vehicle into some woods.
McNeil was found in the woods and placed into custody.
He smelled of intoxicants, had slurred speech and began shouting profanities at the officers.
Testimony at trial showed that McNeil's blood alcohol was .18 – more than twice the legal limit of .08.
Testimony at trial also showed that there was an open case of beer on the passenger side floor with one beer open with beer still inside.
McNeil was also found to be driving on a suspended license.
A female friend of McNeil took the stand in an attempt to say she was actually the driver of the vehicle.
Evidence presented to the jury, however, was in stark contrast to her claims.
Specifically, she could not get around Deputy McNichols' observation that there was only one person in the vehicle – McNeil.
Nor could she explain why the sole set of prints in the snow led directly to McNeil.
Diab Rizk and Ben Accinelli presented the case to the jury on behalf of the Prosecutor's Office.
District Court Judge Stacey Rentfrow presided over the trial. Rentfrow set sentencing for McNeil for April 23 at 9:15 a.m.
Operating while Intoxicated, second offense, is punishable by five days to one year and a $200 to $1,000 fine.
The penalty for riving while license suspended/revoked is one year and/or a $1,000 fine.
Open intoxicants are punishable by 90 days in jail and/or a $100 fine, according to the Prosecutor's Office.