Superior Court of the District of Columbia
CRIMINAL DIVISION
THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA
INFORMS THE COURT THAT WITHIN THE DISTRICT OF COLUMBIA:
MCPHEE, HEATHER
NAME _MARIE. PDID# _700538 Dos 49970 SEX _Female
ADDRESS. WASHINGTON, DC
PERMIT # ARREST # _521718835__ C]DCTN# _DCPS116%3__ TAG
‘onorabout _May 18, 2017
at _300 MARYLAND AVENUE NE, WASHINGTON, DC
DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A DRUG: did operate or was in physical control of
any vehicle in the District: (1) while intoxicated; or (2) while under the influence of alcohol or drug or any
combination thereof in violation of D.C. Code § 50-2206.11 (2013), for which a penalty is provided in D.C.
Code § 50-2206.13, D.C. Code § 50-2206.17, and D.C. Code § 50-2206.18 (2013)
OPERATING A VEHICLE WHILE IMPAIRED: did operate or was in physical control of any vehi
District while impaired by the consumption of alcohol or any drug or any combination thereof in violation of
D.C. Code § 50-2206.14 (2013), for which a penalty is provided in D.C. Code § 50-2206.15 (2013),
DATE _May 25,2017 =
Tonnifer Friend-Kelly
Assistant Attomey General
District of Columbia
COURT DATE _5/31/2017
REPORTED BY _JAY SCHMID DIST# _USCP BADGE#: _5647
COL. Citation Release LOCKUP # _0 WARRANT
cr O nagwat OC] ow OSUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CCN #: 17083045
Arrest Number: 521718835,
GERSTEIN AFFIDAVIT
District of Columbia
vs
MCPHEE, HEATHER MARIE
oy
Officer SCHMID, JAY, CAD# 05647, personally appeared on 05/18/2017
‘and under penalty for making a false statement, st forth the below statement regarding the named defendant as true and/or as based upon
information 4fhe believes to be tne, and tha the events occurred inthe District of Columbia.
‘The event occurred on 05/17/2017 at approximately 23:32 at 300 MARYLAND AVENUE NE, WASHINGTON, DC 20002
CEN # 170518001913,
‘The following events occurred on Wednesday May 17 2017 at approx. 1132hrs in Washington DC First
the intersection of 1¥ and Constitution Avenue NW. Reporting Officer RO Jay L Schmid (#5647) observed a dark
‘green Saturn bearing DC Tag # BR7157 with its driver's tallight out traveling westbound on Constitution Avenue.
RO followed the vehicle as it traveled westbound on Constitution Avenue. RO observed the vehicle following too
closely to vehicle in front of it as it entered the unit block of Constitution Avenue NE and continued into the 100 Block
‘of Constitution Avenue NE, RO observed the vehicle bear left (EB) onto Maryland Avenue NE. RO initiated a traffic
stop asthe vehicle crossed over the 200 Block of Maryland avenue into the 300 Block. The vehicle abruptly stopped in
the intersection of 3 Street and Maryland Avenue NE, and then pulled over onto the southbound curb of the 300
Block of Maryland Avenue NE. RO observed the Def (McPhee, Heather Marie) later identified via US Passport #
490091930 in the driver's seat with the keys inthe ignition. RO inquired to the Def where she was traveling from Def
stated she was| [her place of work, the NFLPA Offices in the 1100 block of 20 Street NW. Def stated she was
working all night on a case and was headed home. Def stated "I LITERALLY live around the corner." RO asked for
the Des license, registration and Proof of Insurance. The def stated that she had her purse stolen with her license in
it two days ago and did not have a license. The def stated she did not repart the robbery to any police agency in the
District of Columbia, The Def produced a US Passport, an expired registration and a pile of papers from her glove
compartment. RO asked for a valid registration and proof of insurance a second time. The Def took the papers back
and found her valid registration and proof of insurance. RO inquired ifthe Def had consumed any alcohol. The Def
stated she had a glass of wine with dinner at Honeysuckle restaurant. RO returned tothe drivers side window of the
Def vehicle and asked for social security number. Def gave her social security number to RO. Def stated "my father?
‘very proud of you". RO asked the Def s he was ok. The Def responded that she was fine. Assisting Officer Seth
(Carll #5372 approached from the passenger side. AO Carll observed the Def's demeanor as talkative and excited as
she spake to RO Schmid. AO Carll r-approached from the driver's side and introduced himself tothe Def. The Det
hhad a business card in her outstretched left hand and gave it to AO Carll. AO Carll instructed the Def to ext the ear.
‘The Def climbed out of the car by placing both hands on the steering wheel and pulling herself out ofthe seat. The
Def swayed after exiting the car and faced AO Carll. The Def used her left hand to support hersef on the passenger
side window 2s she walked around the car. The Def walked in an unsteady manner from the car tothe sidewalk. The
Def stood directly in front of AO Carll The Def said she broke her right femur last year and had back pain. The Def
said she takes Advil for the pain, but does not take any other medications. AO Carll asked the Def when she started
drinking and the Def stated "I don't see how that has anything to do with anything.” The Def sald she got off work
sand went to dinner with a friend. The Def sald she had a glass of wine with dinner, The Def sald "I'm a lamyer and 1
don't see what this has todo with «tal light out." The Def swayed ina circular manner as she spoke fo AO Carll.
The Def specch was slurred. The Def was agitated. AO Carll smelled faint odor of an alcoholic beverage emitting
from the Def's breath. The Des speech was repetitive. The Def consented to Standardized Field Sobriety Tests
performed and demonstrated by AO Carll. During HGN, the Def showed lack of smoath pursuit in both eyes and
distinct and sustained nystagmus at maximum deviation in both eyes. The Def was instructed not to turn her head 4
‘dimes. The Def was instructed to follow the pen 3additional times. The Def chanted "I'm following with my left eye” "
I'm following with my right eye." The Def was carefree and laughing during the test. The Def was wearing heels and
‘was given the opportunity to remove her heels for the Walk and Turn test which she did. On the Walk and Turn, the
ef broke feet apart and started too soon in the instructional stage. In the walling stage, inthe ist half, the Def
stopped while walking on steps 1,4, and 7, missed heel to toe on steps 1 and 4, miscounted and took Just 7 steps, and
made an improper turn by spinning off her front foot. After turning, the Def staggered tothe left 2 steps and
exclaimed "oh." In the second half, the Def stopped while walking on step 1, missed heel fo toc om steps 6-9, and
Pe tof?stepped offline on step 9. The Def stated she had understood the directions fo the test. On the One Leg Stand, the Def
did not raise her foot as demonstrated and did not count in the 1000 manner instructed. The Def swayed, ralsed arms,
‘and put her foot down at 9. The Def did not attempt to complete the rest of the test because she argued about how
‘many inches she had to raise her foot off the ground. The Def stated she had understood the directions to the test. AO
Carll informed RO that the Def was impaired. RO asked the Def to place her hands behind her back. RO began to
pat handcuffs on the Def and the Def shoved her arms down and straightened them out in an attempt to stop the
arrest. RO and AO Carll informed the Def not to fight and to put her hands behind her back and obey the commands
she was being given. The Def began to yell "NOOO" and "for a tall light REALLY" and turned and faced RO snd
‘AO Carll, RO placed one handeuff on the Def and she continued to yell. The Def continually yelled "REALLY DUDE,
"and attempted to walk away from the location of arrest. RO then gained control of the Def's right arm and placed
both hands in handcuffs. With many clues of impairment, the Def was placed under arrest and taken to 119 D St NE
{for processing. The Def was read her rights and the DC Implied Consent Act. The Def consented to breath testing.
‘The final result was 118. The Def's vehicle was towed by A-n-A towing to 1913 Bladensburg Rd NE.
Flee Offcer ‘Witess / Assistant Atorney General forthe Disvet of Columbia
SCHMID, JAY / 5647 / 05647 POLLAK, FRANCIS /05031
“Te foregoing semen was ride unde penal of criminal protean an punishment fo fe ern pera to D.C, Code 22405
‘SCHMID, JAY (05/18/2017) E-SIGNATURE. POLLAK, FRANCIS /05031 (05/18/2017) F-SIGNATURE
|
|
‘Pisied Name of Wines‘SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
(Criminal Division
Notice to Appear in Court or Post and Forfeit
“hist and Ary Other aw Enforcement Agency Arrest within Mth Disc and USPP/USCP/SS
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acknowledge receipt ofthis Notice to Appear. | promise to appear onthe date
and time Indicated above. understand that fa to appear, a bench warrant
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charged with acrminal oftense that may esl in a fn, lmprsonmert, ot
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‘ATTENTION ALL ARRESTED PERSONS
If the Superior Court is closed due to an emergency, you
‘must return to Court on the next business day at 9 a.m.
petsets— 00 sa —
You were arrested ona bench waran sued by 20. Superir Court ude because you
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ce Youll be eleased today to report tothe D.C. Superior Court, Room 3130 The
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promise to sppea on the dat and time above. understand tat alto appear, 8
nh warrant maybe sued for my ares. alo understand that alt appt |
be charged wth a criminal offense that may result na Be, nprsonment or bth
a comfeed of aling appear.
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acknowledge that! have received and red the Notice Te Arrested Peron and
uae ny rights.
Tester hvsad
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SQ Yer
sued by AngSuperior Court of the District of Columbia
CRIMINAL DIVISION
THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA
INFORMS THE COURT THAT WITHIN THE DISTRICT OF COLUMBIA:
MCPHEE, HEATHER
NAME _MARIE PDID# _700538 pop $@89970 SEX _Female
‘ADDRESS WASHINGTON, DC
PERMIT # ARREST # _ 521718835 QODcTN# _DcP 511623 TAG#
‘onor about _May 18, 2017
at _300 MARYLAND AVENUE NE, WASHINGTON, DC
DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A DRUG: did operate or was in physical control of
any vehicle in the District: (1) while intoxicated; or (2) while under the influence of alcohol or drug or any
combination thereof in violation of D.C. Code § 50-2206.11 (2013), for which a penalty is provided in D.C.
Code § 50-2206.13, D.C. Code § 50-2206.17, and D.C. Code § 50-2206.18 (2013),
OPERATING A VEHICLE WHILE IMPAIRED: did operate or was in physical control of any vehicle in the
District while impaired by the consumption of alcohol or any drug or any combination thereof in violation of
D.C. Code § 50-2206.14 (2013), for which a penalty is provided in D.C. Code § 50-2206.15 (2013)
DATE _May 25, 2017 ~—
Jennifer Friend-Kelly
Assistant Attomey General
District of Columbia
COURT DATE _5/31/2017
REPORTED BY _JAY SCHMID DIST# _USCP BADGE #: _5647
COL. Citation Release LOCKUP # 0 WARRANT
con O uagmat (] ov OSUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CCN #: 17083045
Arrest Number: 521718835
GERSTEIN AFFIDAVIT
District of Columbia
vs
MCPHEE, HEATHER MARIE
Officer SCHMID, JAY, CAD# 05647, personally appeared on 05/18/2017
‘and under penalty for making a false statement, st forth the below statement regarding the named defendant as true and/or as based upon
information s/he believes to be true and that the events occurred in the District of Columbia,
‘The event occurred on 05/17/2017 at approximately 23:32 at 300 MARYLAND AVENUE NE, WASHINGTON, DC 20002
CEN # 170818001913
_| ‘The fotlowing events occurred on Wednesday May 17" 2017 at approx. 1132hrs in Washington DC First District at __
‘the intersection of 1* and Constitution Avenue NW. Reporting Officer RO Jay L Schmid (#8647) observed a dark
sgreen Saturn bearing DC Tag # BR71S7 with ts driver's tailight out traveling westbound on Constitution Avenue.
[RO followed the vehicle as it traveled westbound on Constitution Avenue. RO observed the vehicle following too
‘lose to vehicle infront of it as it entered the unit block of Constitution Avenue NE and continued into the 100 Block
‘of Constitution Avenue NE. RO observed the vehlele bear left (EB) onto Maryland Avenue NE. RO initiated a traffic
stop asthe vehicle crossed over the 200 Block of Maryland avenue into the 300 Block. The vehicle abruptly stopped in
the intersection of 3 Street and Maryland Avenue NE, and then pulled over onto the southbound curb of the 300
Block of Maryland Avenue NE. RO observed the Def (McPhee, Heather Marie) Inter identified via US Passport #
490091930 inthe driver's seat with the keys inthe ignition. RO inquired to the Def where she was traveling from. Def
stated she was leaving her place of work, the NFLPA Offices in the 1100 block of 208 Street NW. Def stated she was
working all night on a case and was headed home, Def stated "I LITERALLY live around the corner." RO asked for
the Des license, registration and Proof of Insurance. The def stated that she had her purse stolen with her license in
‘it evo days ago and did not have a license. The def stated she did not report the robbery to any police agency in the
District of Columbia, The Def produced a US Passport, an expired registration and a pile of papers from her glove
‘compartment. RO asked fora valid registration and proof of insurance a second time. The Def took the papers back
and found her valid registration and proof of insurance. RO inquired ifthe Det had consumed any alcohol. The Def
stated she had a glass of wine with dinner at Honeysuckle restaurant. RO returned tothe drivers side window of the
Def's vehicle and asked for socal security number. Def gave her social security number to RO. Def stated "my father”
very proud of you". RO asked the Def's she was ok. The Def responded that she was fine. Assisting Orficer Seth
Carll #5372 approached from the passenger side. AO Carll observed the Def's demeanor as talkative and excited as
she spoke to RO Schmid. AO Carll re-approached from the driver's side and introduced himself to the Def. The Det
hhad a business card in her outstretched left hand and gave it to AO Carll, AO Carll instructed the Def to exit the car.
‘The Def climbed out of the car by placing both hands on the steering wheel and palling herself out ofthe seat. The
Def swayed after exiting the car and faced AO Carll. The Def used her left hand to support herself on the passenger
side window as she walked around the car. The Def walked in an unsteady manner from the car to the sidewalk. The
Def stood directly in front of AO Carl. The Def sald she broke her right femur last year and had back pala. The Def
said she takes Advil for the pain, but does not take any other medications. AO Carll asked the Def when she started
drinking and the Def stated "I don't see how that has anything to do with anything.” The Def sald she got off work
sand went to dinner with a frend. The Def sald she had a glass of wine with dinner. The Def sald "I'm a lawyer and I