The boys are Robert Henry.
Robert Henry.
69. Go ahead.
[Applause]
Hello. Can you roll down your windows
for me, please?
>> Hello. Hi.
How's it going?
>> Doing good. Getting ready to go to head
start.
>> Going to head start. Okay.
>> Get up for the head start.
>> Okay.
>> Just half asleep. We just woke up.
>> You just woke up?
>> Yeah. Trying to get him to school. Yeah.
>> Okay.
>> Yeah, please.
>> Okay. You know why I stopped you today?
>> A little bit of swerving and stuff.
>> Well, I have a lot of bit of swerving.
You were called in.
>> Yeah, cuz I'm tired. When I was driving,
you stayed up pretty late, so I'm trying
to get up too slow.
>> Why are you driving with your hazards
on?
>> Because I'm trying to go slow to get
there.
>> Well, you're not going slow. You're
going fast.
>> I'm going fast.
>> Well, you're passing everybody else.
>> You're swerving.
Where are you coming from?
>> Oh, okay. You guys are coming all the
way down here.
>> Okay.
Why don't you Why don't you guys step
out and talk talk to me, okay? We kid
here. Okay.
[Applause]
>> You want to leave your vape in the car?
>> No.
>> Okay. Why don't you walk back over here
for me, please?
>> You're half asleep. Good job. We meet
him in Espanola. So the time we come
over here driving and I had a hard time
sleeping last night, the kids and
everything just tired. You know, the
mornings to get up, get the kids ready.
We're running late. They have to be at
school by 8:00.
>> What time did you leave?
>> Um, we left at 7:00.
>> Left at 7:10. They have to be there by
8.
>> Yeah.
>> Okay.
>> And they go to school like 10:30.
So, it's already close to about 8:30.
>> 8:30, but I I call the teacher every
morning 30 minutes late.
>> So, you left at 7:10.
>> It's almost 8:30. Takes you that long to
get from Espanola down here at least.
>> Yeah. 20 minutes,
15 minutes.
>> Okay.
>> We live like
we live like
>> Yeah.
>> Yeah.
>> So, you left at 710. And it's now 8:30.
It takes you about 20 minutes to get
down here this far. So that that would
make sense, but uh your time frame's a
little off.
>> Yeah.
>> We're looking for my husband's keys.
They're going to work. It's Monday.
>> Yeah.
>> One of those days.
Got to find the keys in the morning.
>> Okay.
Did Did you have anything to drink last
night?
>> No, I don't.
>> Did you have anything? You don't drink?
>> No, I don't.
>> Okay. Uh, I'm bad. Just asking, have you
used anything? Are you under the
influence of anything?
>> My medication.
>> What What type medications?
>> I take my attitude questions about my
prescriptions because I look at them.
>> Okay. So, you took when was the last
time you took Oxycodone?
>> Was about 12:00 at night?
>> 12:00 at night?
>> How many did you take?
>> One. Just one. Okay. Did you take
anything else?
>> Okay. So, I I'm kind of concerned. Okay.
A couple reasons. All right. Is one, you
were you were called in, like I said.
Okay. So, other people are on the
roadway concerned with your driving.
>> Okay.
>> They noticed that you actually had kids
in the car, which raised a higher
concern.
>> Okay.
So speaking with you, your time your
time frame off telling you where you
were trying to where you're trying to
get to.
>> You have some slurred speech. Okay.
>> And you also kind of stumbled getting
out of the car here and almost fell
over.
>> Okay. So you telling me that you're just
tired isn't really quite lying. I I get
what it's like to be tired.
>> I I drive tired. I come to work tired
all the time. That's just part of life.
Okay. But your behavior from what you're
being called in what I observed you
driving. Okay. And your my encounter
with you things aren't really lining up.
Okay.
>> Can I have my daughter and my son come
over here to have a driver's license?
They come and drive for me. Whatever.
>> Well, I'm not going to have kids. You
give me a test, a drinking test,
whatever you want to do.
>> Well, you you told me that you took
oxycodone last night. Okay.
>> So, you told me so at some point you're
under the influence of something. You
can't drive while you're taking Oxy.
Okay.
>> So, you took it last night at midnight,
>> but it's every 6 hours. I should already
be out of my system.
>> Okay. Well, I don't know. It depends on
how many you took. I mean, you're you're
telling me you took one, but you also
told me you took something last night.
Okay. So, based off my encounter, what
I'm experiencing right now is I believe
that you are under the influence of
something right now.
>> Okay.
>> All right. And I'm just looking for
honesty to figure out what so I can
properly gauge. Hey, are you under the
influence of something? Is it something
holding over on you? You know, you're
telling me this that you don't drink.
Okay. So, but you're falling asleep at
the wheel. Okay. So, you have to be
impaired to some degree. Okay. Is what
I'm is what I'm getting at right now.
Okay. Are you willing to go through some
tests for me to see if you're okay to
drive?
>> Yes.
>> Okay.
>> My daughter also come over here, too.
>> Okay. Well, hang on for me here. Okay.
So, what what I'm going to ask that we
do is right now we're kind of on a slope
tail right here. Okay. I'm going to ask
that I'm going to drive you down over
there to the flat bottom area where it's
better conditions for you to do your
test. Okay? And then I'm going to ask
that my supervisor to sit here with your
kids in the car. Okay? That way they're
down there and they don't have to see
and watch anything. Okay.
>> Okay.
>> So, you are you're going to walk down
there.
>> Well, I can have you jump in the back of
my car. I'm not going to have you drive
though. Okay. You want to sit in the
back of the car here and I'll drive you
down that.
>> Okay.
You watch the car here. Right here.
Right here. This one.
>> Right here.
>> A few moments later.
>> 106 to dream catcher with boy X-ray Nora
Henry.
Nora Henry 24 edge
>> okay we're going to move right over here
over the roadway. Okay.
>> Okay.
Right over here. Ma'am, just watch
traffic down this side.
>> Okay. See this line right here? I want
you to turn around over here and face
me.
>> This is what this is.
>> No, no, no. I want you to put your back
to the car.
>> Okay.
Right there. Stop. Stop. Stop. Turn
around. Turn around. Turn around. Okay.
Come towards me a little bit. Come
towards me. Come towards me. I have to
get you in camera view. That's why. Stop
right there. Okay. All right. So,
question for you. All right. Do you have
any serious injuries, head injuries,
stuff like that that you suffer from?
>> Um, I have um I take architect
my neck.
>> Okay.
>> This is about 6 years ago.
>> Okay.
>> And I'm on medication for my neck.
>> Medication for your neck. Anything else
like that? Anything else going to
depression stuff like that?
>> Do you wear contacts, glasses?
>> No.
>> No. Okay. Are you able to do simple walk
and turn sanding movements?
>> Yes.
>> Okay.
All right. So, for this first test here,
I want you to stand with your heels and
your toes together. Heels and toes
touching. Make sure your toes are
touching. Toes are touching. Heels and
toes. I want you to place your hands on
by your side. And I want you to remain
in this position until I instruct you
otherwise. Okay? Do you understand?
>> Yes, sir.
>> All right.
You see my finger here? Yes.
>> Okay. I want you to follow my finger
using your eyes and your eyes only. Do
not move your head. Do you understand?
Yes.
>> Okay.
63.
>> Keep your head still.
>> 63. Go ahead.
>> I'm at Royale near Huey. I believe two
cars in front of me is that white truck
from earlier.
[Music]
>> Keep falling.
Okay, go ahead and relax. All right.
Okay. Go ahead and remain up to position
on that line, though. Okay. Right there.
All right. So, for this next test, I
want you to use this white line right
here as a reference. Okay? What I want
you to do is I want you to place your
left foot on the line where it is
already. Okay? And then I want you to
place your right foot in front of your
left foot. Okay? On that line, I want
you to have your heels and toes
touching. Make sure your heels or toes
are touching and your hands are down by
your side. Okay? I want you to remain in
this position until otherwise. Okay, go
make sure you stay in that position.
>> Okay.
Okay. You need me to repeat the
instructions for you?
So, I want you to place your left foot
on the line. Right foot in front of your
left foot, touching heel to toe. Nope.
Your left foot's already on the line.
Okay.
>> Yeah. So, left, right. Okay. So, make
sure you're touching the heel to toe,
hands on by your side. I want you to
remain in this position until I instruct
you otherwise. Do you understand? Okay.
What you're going to do is you're going
to take nine heel to toe steps. Okay?
Looking down at your feet, counting all
your steps out loud, leaving your hands
down by your side. Okay? Nine heel toe
steps. Once you get that nine steps,
you're going to leave your lead forward
foot planted. Okay? Okay, you're going
to take a series of small steps around
stepping back on the line. Okay, you're
going to take nine steps touching heel
to toe in the direction which you came
from. Remember, keep looking down at
your feet, counting your steps out loud,
hands down by your side. Okay, once you
begin the test, you must complete the
test in its entirety. All right, without
stopping. I'm going to demonstrate it
for you. For the purpose of the
demonstration, I'm going to take three
steps, but you're only going to take
nine. Okay, go ahead and move back into
that position. There you go. Okay,
remain right there. So, it's going to
look like this. One, two, three. Leaving
my forward foot planted. Taking a series
of small steps. Turning around. I'm
going to step back on that line. One,
two, three. Okay. Any questions? Nope.
Don't begin yet. Wait till I tell you.
What's your current location?
>> Okay.
Left foot, right foot in front of your
left foot.
>> Okay. Hands down by your side. Remember?
All right. Okay. You may begin when
you're ready.
Yeah.
>> One, two,
three,
nine of them.
>> Keep going.
>> We're going to be heading straight onto
the airport.
>> Hey, keep going.
>> No, you keep going. I gave you the
instructions. That's not going to be it.
It's going to be a flat bed.
[Music]
Okay, keep keep going. Got to
>> supposed to be on the line. You're
supposed to be on the line.
>> No direction which you came from. I
already told you. Nope.
>> This way.
>> Okay.
Okay.
Okay. You can stop now. Okay. All right.
Go ahead and step back up on here for
me. Okay.
Go ahead and stop right there. Okay. All
right. So for this next test, okay,
>> I want you to place your heels and your
toes together. Okay, I want you to put
your hands on by your side. I want you
to remain in this position till I
instruct you otherwise. You understand?
>> Okay.
So for this next test, you're going to
lift the foot of your choice, either
left or right, either one that you want.
Okay? You're going to lift it
approximately 6 in off the ground.
You're going to have your legs straight.
You're going to have your toe pointed
out to where your foot is flat and
parallel to the ground. Looking down at
your feet, you're going to count out
loud. 1,001 1,002 1,003 and so on until
I tell you to stop.
>> 10023
and so on until I tell you to stop.
Okay, give me a second here. All right.
Okay. I'm going to tell you when to
start. All right.
>> All right.
and begin.
>> One,
two,
Okay, go ahead and stop right there.
Okay, walk back this way for me. Be
okay.
Okay. All right. Stop right there for
me. Okay. Go ahead and turn around. Look
at the red lights. Okay. Go ahead and
place your hands in the center of your
back. Okay.
All right. You're being placed on the
rest for driving under the influence
right now. Okay.
You don't have anything on you. Just
going to poke us. Stick us. I notice you
have something in your bra. What is it?
>> What's this? Chip. Check in there.
You want to tell me
my mom?
We'll take care of that. Okay.
Go ahead and use that hand.
Set it up on the hood of the car.
>> Just money. Hold this. It's going to
come up here. Okay.
>> Okay. Put your hand behind your back. Go
ahead. Put your hand behind your back.
We'll take care of your kids.
Okay. Step over here for me. Step over
this that way cuz I don't want your kids
to see you. Step right here. Okay. Face
the car right there. See, there's a
camera right there. Okay, that's where
we want you to look.
You don't have anything in your pockets
at all? Okay.
Nothing in your shoes.
[Music]
>> Oh my god. This is right here. Pick them
up.
>> Yeah, we'll we'll figure out who's going
to come pick him up and everything else.
Okay.
Have you ever been arrested before?
>> For what?
>> Um, domestic has been in that village
for 10 years. 12 years.
>> Okay.
>> Do you have anything on you that you're
not supposed to have?
>> Okay.
All right. I'm going to I'm going to do
a quick search of you. Okay. I'm going
to use the back of my hand. All right.
Okay. That's it.
Okay.
Go ahead and walk over this way with me.
Okay.
And jump on in.
Go ahead and lift your left foot up on
the step there.
>> Okay. I'll talk to her. How old is she?
>> Oh, she's 24.
>> Okay, I'll talk to her. Okay, I'll take
I'll talk to her.
>> Sure. Can you step your Put your foot up
there
>> because I'm disabled.
>> Gotcha. Put your right foot up.
>> Okay.
>> Go ahead and put your left foot up
there. Traffic.
>> Go ahead and sit on the seat. Slide your
feet over.
>> I'll come talk to you in a second. Okay.
>> Road 41
with Robert.
>> I'll get I'll let you talk to her in a
second. Okay.
Go ahead.
Can you get it?
>> No.
>> It loosened.
>> Yeah.
>> Yeah.
[Music]
>> There we go.
>> She's my caregiver.
>> Okay, hang on.
>> Say again. Can I smoke my little puffer?
>> No, I I can't have you do that. Okay.
>> Smoke my little
I told the kids I got to let my
medication 15 20 minutes. No, they won't
grow toys and groceries.
>> Okay. So, you took it early. You took
it. You took it. You just took it right
before you drove, huh?
>> Yeah, that's why.
>> Okay. You told me Yeah, I knew you took
it different time. You told me you took
it last night, but it wasn't I wasn't
want to know.
>> 7:30.
>> Okay.
Yeah. And then I take other medication
for my depression and it's for
>> Okay. Well, I mean, I get it. Like if
you if you're injured and you need it or
but you can't drive, you know, you're
the adult here. You can't you you
understand the danger you put them in.
>> Yeah. It's because they wanted toys and
this, you know, you try to use
>> Okay. I'm going to I need you to pay
attention here. Okay.
>> All right. So,
you've you've told me that you've you've
taken some medication. Okay. All right.
So, what I would do is because
medication isn't going to show up on a
breath test for alcohol, okay? But I'm
trying to determine what the content of
your blood is, okay? To see if that
you're okay to drive. All right? So, I'm
going to ask I'm going to read you
another part here, okay? And see if if
you understand this, okay? So, listen to
me. I'm about to tell you something
important, okay? Including a right you
have. You are under arrest for driving
while under the influence. So, I'm
requesting that you consent to have your
blood drawn and test to determine the
alcohol and or drug content of your
blood. You have the right to refuse to
consent to my request if you refuse to
consent. You cannot face criminal
penalties for your refusal. Do you
understand that right?
>> Okay. However, refusing consent has
other conse consequences according to
the New Mexico Implied Consent Act and
state law. The consequence may include
losing your New Mexico driver's license
for non-resident operating privilege for
one year. Additionally, the fact that
you refuse consent may be used as
evidence against you in court of law. Do
you understand those consequences?
>> Yes.
>> Okay. Additionally, if you consent to
have your blood drawn and tested, you
have the right to choose an additional
independent test. If you choose to take
this additional independent test, you
have the right to a reasonable
opportunity to arrange for a physician,
a licensed nurse or laboratory
technician or technologist who is
employed by a hospital physician of your
choice to perform an additional chemical
test. The cost of this additional test
will be paid for by the law enforcement
agency. Knowing your right to refuse
consent, the possible consequences, and
your right to an independent test, do
you give consent to have your blood
drawn and tested?
>> Yes.
>> Okay.
All right. I need you to look at me real
quick. Okay. Can you open your mouth for
me? Do you have anything in your mouth?
No. Okay. You have Okay.
>> All right. Sit tight for me here. We're
waiting on your daughter to come back.
Okay. And then I'll let you talk to her.
Okay. Step on out.
Walk over to the gray door over here.
They'll give you a Kleenex when you get
inside here.
>> I miss my kid.
>> So, one female.
>> Okay. I'm going to I'm going to explain
your charges to you here. Okay. So, as
of right now, you're being charged with
driving under the influence. Okay.
That's one charge. You have your three
young kids in the car. Okay. So, you're
being charged with three counts of child
abuse for them. Okay. Um, you couldn't
provide any proof of registration or
insurance. If you have it, bring it to
court. Okay. But you didn't have it.
Okay. Roadways lane is the reason why
you were stopped. Okay. You weren't able
to maintain lane there. And then your
two kids, your two young kids in the
back were not properly secured in child
restraint. So, one was in a car seat.
One was in a car seat, but it wasn't
secured. It was only around the waist.
They didn't have the harness on. Okay.
The other one was sitting in his seat
belt, but needs to be in an actual
>> Yeah, I know what you're talking about.
>> The little one always has to get in the
baby.
>> Got to got to watch. Okay. You're you're
in no condition to be driving today. All
right.
>> It's cuz I had took my medication before
we left my house. And then I go, "Should
you go to the store or not?" And then I
go, "Let's just check it for milk. We
have to
Well, somebody else got you. I mean, we
got you, but people were calling you in,
like I said. Okay. So, obviously, you
caught the attention of everybody else
on the roadway. All right.
>> That's fine.
>> You got You got to be more careful. All
right.
>> Yeah. Cuz of my kids, you know, I'm a
good mom and I appreciate them calling
it in cuz what about somebody else? You
know what I mean?
>> That's the big thing is that you you got
to be more careful and know when you can
and can't drive. Okay.
I'm not saying not that you can't take
your medication, but you can't take that
medication and drive.
>> Okay? And clearly it it affects you.
Okay?
That's the first time that I I ever took
it when I didn't
I took it in the dates that I kept it in
the morning.
All right, come on in.
Step up to the wall on the left.
>> That's her only property. That's
also down.
>> Is this the current address?
>> Yeah.
[Music]
>> Here's her citations that can go in her
stuff. And I have med clearance and
stuff.
[Music]
Coral.
[Music]
Heat.
[Music]