Ridgeland resident Dwight Whitfield sued the Ridgeland Police Department, former Officer Daniel Soto, the Mississippi Department of Public Safety in December for violating his civil rights. Mr. Whitfield was arrested at a traffic stop in 2008 by Officer Soto. The charges were dismissed on appeal when it was discovered Officer Soto lied about the existence of videotape clearing Mr. Whitfield. Mr. Whitfield is represented by former Justice Chuck McRae. 
Officer Soto stopped Mr. Whitfield on December 7, 2008 on Old Canton Road. There is no evidence Mr. Soto said "Climb Mount Nitaki" during the arrest. The Ridgeland police officer won MADD's Officer of the Year after he had 312 DUI arrests and convictions in 2008. The complaint alleges a Ridgeland police officer radioed Officer Soto and said Mr. Whitfield had pulled into the Shell Gas Station (considered to be the informal precinct for RPD), turned around, and went south on Old Canton Road. Officer Soto stopped Mr. Whitfield and informed him he was speeding. Mr. Whitfield disagreed with the police officer's accusation and "invoked his fifth amendment." The arrest report (posted below) states Mr. Whitfield's eyes were bloodshot and glassy. The report states Mr. Whitfield was unsteady on his feet and that he "stumbled backwards and nearly tripped on the curb." Mr. Soto said he smelled alcohol from Mr. Whitfield's breath. The complaint states Officer Soto turned off his microphone, "essentially cutting off all audio of this particular stop." Officer Soto arrested Mr. Whitfield and charged him with speeding, DUI refusal, and no proof of insurance.
Mr. Whitfield was found guilty and ordered to serve 48 hours in jail (suspended) and fined $1,221. The complaint states his attorney and appearance bond fees were over $15,000. The complaint also alleges Officer Soto said there was no video of the arrest because his car did not have video capability. Mr. Whitfield also stated in county court Mr. Whitfield was arrested 2 minutes and 46 seconds after he was "pulled over". The case was dismissed after the defense showed Officer Soto lied about the existence of the videotape. The city of Ridgeland withdrew its case after Officer Soto's truthfulness was compromised.
The complaint also attacks the Intoxilyzer 800, the device used as a "breathalyzer" by RPD, the Highway Patrol, and other law enforcement agencies as "junk science", claiming the defendant has no access to the "source code". Mr. McRae argues the defendant can not "determine the criteria" used to "convert the data to a chemical percentage gauging one's alcohol level." The complaint charges the state of Mississippi allows polic departments to use this device. Mr. Whitfield claims the MHP directs all other law enforcement agencies in Mississippi to use the Intoxilyzer 800 (page 17 of complaint.).
The complaint charges the defendants with one count of deprivation of civil rights under 42 USC Section 1983 and one count of deprivation of constitutional rights under the Mississippi Implied Consent Law (Ms. Code 63, Chapter 11). The plaintiff asks for punitive damages over $1 million and attorney's fees, an injunction to keep the defendants from using the Intoxilyzer 800, and that the Implied Consent Law be declared unconstitutional. Ridgeland filed a response denying all claims. It should be noted attorney Saundra Strong represents both Ridgeland and Officer Soto. Mr. Soto is no longer employed by the Ridgeland Police Department.
Earlier post
Sunday, February 12, 2012
Whitfield sues Ridgeland PD over perjury
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21 comments:
That Shell station seems to have been a RPD precinct office for awhile.
It appears The Reservoir Patrol has the same arrangement with the Chevron at
Old Fannin and Spillway Rd.
Over 300 DUI arrests in 1 yr. seems so excessive as to be impossible.
I was curious about the Intoxilyzer and " source code" mentioned in the case. Apparently there has already been a case involving the Intoxilyzer 5000 and it's failure to have a source code in Minnesota that went through appellate courts.
The courts ruled that without the ability to provide a source code to the defense, an electronic device is no better than a " black box". How the box is programmed for measurement matters as to the results.
I suspect the plaintiff has a very good case and I'm more than a little concerned if those who purchase these devices are not purchasing devices that are accurate.
So...who sells the Intoxilyzer brand in Mississippi?
This is obviously a frivolous lawsuit. Everyone knows that (1) Ridgeland PD doesn't make mistakes, and (2) if Soto had lied under oath, Chief Jimmy "Next Level" Houston would have arrested him immediately.
I would love to see some statistics on how much money Ridgeland makes off of alleged "DUI" fines.
Ridgeland wants everyone to "come on out to the Rez" and dine on some good ole salty and crunchy catfish
keelboat platters, but if one dares to wash it down with a cold beer, Lord help em' ... RPD then has probable cause to call out the SWAT Team, and set up checkpoints on Rice Rd, Old Canton, and Lake Harbor.
A rogue wave is imminent. Several are lining up behind that one. The Chief may be too expensive to keep. Rather throw the captain off the ship than have the entire ship capsize.
I hope he cleans them out. Ridgeland PD are the worst of the worst. They are just upset because of the tic-tacs in their pants.
Is Soto still working for that PD up in TN? Anyone want to forward this to his local paper just in case they missed the news?
I agree 5:50 pm.
However, not to worry, ...Gene, Jimmy, and their imagined "Praetorian Guard" are about to experience
( to be blunt) ... a perfect legal anal violation.
Get out the check-book City of Ridgeland.
This ain't about the ghetto that they have allowed to prosper down at County-line and Old Canton .
But that's another story.
http://www.ongo.com/v/1905394/-1/2C7974DBD44B9D34/officers-honored-for-fire-bravery
"Officers honored for fire bravery September 22, 2011 ET
Two police officers were recognized Tuesday for their role in a helping a woman escape a fire over the weekend.
Officers Charlie Belote and Daniel Soto were patrolling a neighborhood on bicycles at North Ford and Pemberton streets Sept. 17 when they were dispatched to a fire at 723 Pace Street at 10:22 p.m."
Even MHP has had issues with calibrating these devices. They calibrate in the MHP basement and when they test them in the field they are way off. This is why there is legislation getting DPS out of the calibration loop - Liability. MHP will come in and lie about it because they get hundreds of thousands of grant dollars to do dui enforcement and the main weapon is the intoxilizer.
This is frightening on several levels. Meanwhile you have people like Vic Carmody getting ten to twelve thousand bucks a pop to show up and sit beside a defendant he just met the day before.
When you buy beer at the Corner Shell, they give you one of those light-show flashers that lets you know your table is ready and you're instructed to place it up in the rear window behind the seat. I never knew why.
The intoxilyzer 8000 is sold exclusively by the company that manufactures it in Colorado I think; they have had an exclusive contract with Mississippi for many years. Each device calibrates itself for each test is the claim, but they have refused for years to release the program that does the conversion into the .000 format.
I have been waiting on this one. I knew it was coming a few years ago when Soto purged himself on the stand. I hope RPD get whats coming to em.
Is there a photo of Soto purging himself. Well, on second thought....
Whitfield is a friend of mine, I too have been waiting for this to hit. Gallatin news notified.
This is why its important. Chase last week. Ridgeland PD claiming the guy tried to run over an officer. Well, did he go out of his way to do so, or was he trying to leave parking lot and officer jumped in front, or they not telling the truth? Not accusing them of anything but when you have police lying on the stand and then something like this happens AND the city is using the same lawyer to defend him in the civil suit as he is, some people are going to wonder if the RPD was telling the truth last week. Kroger probably has video of the parking lot, so at some point we will know one way or the other. Incidents like this are where this Soto episode hurt the Ridgeland PD.
Why have the local news stations and the state newspaper reported on this Soto character????
Local news isn't going to report without someone bringing it to them on a platter. Investigative reporting seems to be non existent in the metro.
After this whole episode, Chief Houston's comments about police corruption to WLBT are RICH..
hypocrite at the utmost level
Soto strikes again. This time in Gallatin, TN. My boyfriend was charged with a DUI by him and currently in the process of trying to get the charges dropped. The Officer falsified his statements yet again!!! He is a known liar and just because he moves from state to state doesnt mean he should be allowed to ruin anymore lives!!!! This guy needs to be taken out of law enforcement all together!
The Gallatin Police Department promoted Soto to Sergeant. Ridgeland..Gallatin..one in the same.
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