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 PDIb# _700538 DoB 449970 SEX _Female ADDRESS WASHINGTON, DC PERMIT # ARREST # _ 521718835 [J DCTN# _DCPS11623__ 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 vehicle in the District while impaired by the consumption of alcohol ot 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 Tennifer 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 cu O xazuat ow OSUPERIOR 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, set forth the below statement regarding the named defendant as true and/or as based upon information /e believes to be tre, and thatthe events occurred inthe District of Columbia, ‘The event oceurred on 08/17/2017 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 District at the intersection of 1™ and Constitution Avenue NW. Reporting Officer RO Jay L Schmid (#5647) observed a dark green Saturn bearing DC Tag M@QREMBwith its driver’s taillight 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 i 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 tatiated a trafic 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 (MePhee, Heather Marie) later identified via US Passport # in the driver's seat with the keys in the Ignition, RO inquired tothe Def where she was traveling from. Def stated she was leaving her place of work, the NFLPA Offices inthe 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 fhe Def's license, registration and Proof of Insurance. The def stated that she had her purse stolen with her Heense in it wo 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 for a vaid registration and proof of inurance a second time. The Def took the papers back ‘and found her valid registration and proof of insurance. RO inquired if the Def had consumed any alcohol. The Def stated she had a glass of wine with dinner at Honeysuckle restaurant. RO returned tothe driver's side window of the Des 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 she was ok. The Def responded that she was fine. Asiting Officer Seth Carll #5372 approached from the passenger side. AO Carll observed the Def’s demeanor a talkative and exclted as she spoke to RO Schmid. AO Carll re-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 exit the car, ‘The Def climbed out ofthe car by placing both hands on the steering wheel and pulling herself oat ofthe seat. The Def swayed afler exting 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 Carll, The Def said she broke her right femur last year and had back pain. The Def sald she takes Advil forthe pain, but does not take any ather medications. AO Carll asked the Def when she started drinking and the Def stated "I don't sce how that has anything to do with anything." The Def suid she got off work and went to dinner with a friend, The Def sald she had a lass of wine with dinner. The Def sald "I'm a lawyer and I don't see what this has todo with «tall light out." The Def swayed ina circular manner as she spoke to AO Carll. ‘The Det specch was slurred. The Def was agitated. AO Carll smelled s (sint odor of an alcoholic beverage emting from the DePs breath. The DeP's speech was repetitive. The Def consented to Standardized Field Sobriety Tests performed and demonstrated by AO Carl. During HN, the Def showed lack of smooth 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 times, The Def was instructed to follow the pen additional times. The Def chanted “I'm following with my left eye" " '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 Tura test which she did, On the Walk and Turn, the Dof broke feet apart and started foo soon inthe instructional stage. Inthe walling stage, Inthe first half the Def ‘stopped while walling 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 to the left 2 steps and. exclaimed "oh." In the second half, the Def stopped while walking on step 1, missed heel to toe on steps 6-5, and Pe. of?stepped offline on step 9. The Def stated she had understood the directions to the test, On the One Leg Stand, the Def did not raise her foot as demonstrated and did not count inthe 1000 manner instructed. The Def swayed, ralved 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 of 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 put handcufls 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 and ‘AO Carll. RO placed one handcuff on the Def and she continued to yell. The Def continually yelled "REALLY DUDE "and attempted fo walk away from the location of arrest. RO then gained control af the Def right arm and placed both hands tn handcuffs. With many clues of impairment, the Def was placed under arrest and taken to 119 D StNE for processing. The Def was read her rights andthe DC tmplied Consent Act. The Def consented to breath testing. The final result was 118. The Def's vehicle was towed by A-z-A towing (o 1913 Bladensburg Rd NE. SCHMID, JAY (08/18/2017) E-SIGNATURE POLLAK, FRANCIS / 05031 (05/18/2017) E-SIGNATURE. Police Officer ‘Witness sistant Atorney General forte Dstt of Calan ‘SCHMID, JAY / $647 (05647 POLLAK, FRANCIS / 05031 ‘The frog tate was nine under peal of criminal protection nd puishren fr file teens pasate D.C. Code 222405 Pant Name of Witness? Pe tot?‘SUPERIOR COURT OF THE DISTRICT OF COLLMBLA (Giminal Division Notice to Appear in Court or Post and Forfeit “Th District and Any Other Law Enforcement Agee Arestwitin 7th District and USPP/USCP/SS pee 53) DPSS i= eed TELS Aa 201 pene eee, Pealle- [rie owns nen Arse fore owing 4: incacttsb unturned , = Sa Sane a You ae beng leased on your promise ts appa athe Spor Court of the Disc of Colum, $00 Indians Ave, AW, Washingto, D.C onthe DATE and bt a PRL reason S38/-12. | acknowedge receipt ofthis Notice to Appes.1 promise to appear onthe date and tne indicated above. understand tat flea appear, bench warrant may be usued fo my arrest also understand that falta appear tay be charged with a crininal offense that may result va fee prison, oF beth am comic of falling to appese s nave choven to pay and fore the colsteral money} amount se forthe charg) understand that am walg my ight to 4 Court hearing when py and forte the amount st forthe charges) Sear eeet roe ‘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. TORSO bs— [Pe 2 [Aaereteh— FIZ eee You were arrested ona bench warant sued by a0. Supeir Court ludge because you tated toappearinacriminal case, You must report to Courtroom 10,500 nana Ae, Washington, 6,00 2230am. ‘have pald the bond set by the Court. promise toappear onthe date adie above. under- ‘and that fale appeat 2 bench warrant ‘may be sued for my arrest. also understand ‘hat ffl to appear, maybe charged witha ‘mina eens that may rest n fine, im ‘ronment or both am convicted af fling toappear. You willbe released today to report tothe 0. Superior Cour Room 3130 [The Jurors Ofc], S00 Indiana Av, NW, Washington, Con veramesear + 2mm rome to appear onthe date and tine above. | understand tat fo appen,& warrant maybe tsved for my ares. also understand that ffl te appear be charged with 2 criminal offence that may recut va fre, mprsonmento bath am convicted of faling to appear. ‘oats ead ee arr acknowledge that have received and red the Notice Te Aresed erionsand) | f ry ight.