According to incident reports submitted by both the Cherokee Village Police Department and Highland Police Department, Danny Muir, 21, of Cherokee Village, Rachel Thompson, 23, of Cherokee Village, Amber Despain, 32, and Rodney Despain, 43, of Ash Flat were all arrested on various charges stemming for the incident.
Cherokee Village Police officer David Bushey stated in his report that he was leaving the police department around 10:20 p.m. on the night of Sept. 17 when he heard a loud crashing sound. Bushey said he drove across the street where the sound was coming from. As he pulled in the Sinclair, he witnessed a green SUV lodged against one of the roof supports and rocking back and forth.
Because of an obvious smell of intoxicants, the officer asked Muir to exit the vehicle. Muir then admitted to Bushey he and his girlfriend had, "just left the Copper Feather and were trying to make it home."
Bushey said he then returned to the vehicle to request Thompson also exit the vehicle. The report states after twice requesting her to step out of the vehicle, Thompson finally complied by crawling over the center console. The officer also notes he had to help her several times because she could not stand on her own, when questioned, Thompson told officers she only had two drinks, but had taken two Zanax before going to the bar.
The report indicates, while they were waiting for Highland Police Officer Bryan Buchanan to assist with the field sobriety test for Muir, officer Michael Himschoot patted Muir down and recovered a pill bottle containing two pills. Muir then told officers he bought the pills, which he claimed were zanax, from "a man in Sante Fe Addition in Cherokee Village." Muir then admitted to Himschoot that he, too, had taken two of the pills before going to the Copper Feather.
Cherokee Village Officer Chris Spurlock also assisted with the inventory of the vehicle, which was registered to Amber Despain. A Remington shotgun and some shells were recovered. The weapon was seized because Muir was in possession of drugs not belonging to him or Thompson.
During the inventory process, officers checked on Thompson in the car and noted she was unresponsive and could hardly speak once she was awakened.
Spring River Paramedic Ambulance Service was then called to the scene to check out Thompson due to the severity of her intoxication. After it was determined by medical personnel she was safe for transport, Cherokee Village Officer Chris Spurlock and Himschoot took her to jail.
Muir then agreed to be taken to the Fulton County Hospital by Bushey were he underwent a drug screening. The urine screening indicated he had benodiazapines and THC in his system. Muir was placed under arrest for DWI drugs, no seat belt, no proof of insurance, reckless driving and possession of a controlled substance.
The story seems as if it should stop here, but it doesn't.
According to a police report submitted by the Highland Police Department, Officer Buchanan was still on the scene waiting on Danny's Auto Body and the ambulance crew to leave. The report indicates as they were getting ready to leave another SUV drove onto the parking lot at the Sinclair.
A man and woman later identified as Rodney and Amber Despain got out of the vehicle and were talking to the ambulance crew.
The report indicates the female was very upset when she saw the debris from the accident, as well as the damaged property, as the vehicle was licensed to Despain and Thompson was her sister.
Buchanan said he approached Despain to see if he could explain what happened. He explained the situation, including the drugs officers located, her sister's intoxication and her arrest. The report indicates Despain became very irate wanting to know who found the drugs, where they were and other things. She began cussing excessively at the officer despite his efforts to explain to her that he was only the assisting officer.
Despain continued to be belligerent and began swearing at Buchanan, calling him names and getting progressively closer to him while yelling. Her husband, Rodney, then attempted to calm her down to no avail. Buchanan placed Despain under arrest for disorderly conduct because of the obscenities she continued to yell at him, in front of the other people at the scene.
As Buchanan attempted to cuff Despain, she continually fought, argued and told the officer she wasn't going to jail. After several attempts and not complying with the officer's orders, Despain was cuffed and charged with the additional count of refusal to submit to arrest.
She was then placed in the patrol car, where she later removed her cuffs, citing they were too tight. Buchanan noted in the incident report "If the cuffs were too tight, she would not have been able to pull out of them." She was then charged with third degree escape and transported to Sharp County Jail by Sharp County Officer Steve Dobbs.
Buchanan then returned to Rodney Despain, who was swaying as he attempted to stand. Buchanan said he noticed he had bloodshot eyes and the odor of intoxicants on his breath. Despain admitted to the officer he had been drinking. Despain blew a .15 in the portable breathalyzer and was charged with public intoxication.
All four were taken to the Sharp County Jail in Ash Flat. Rodney Despain was released on an Own Recognizance bond due to health issues. The others posted bond and were later released.