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good stop moving
dude you just blew the red man yeah no I
didn't see it it's my car
I mean you got some good damage here man
on May 3rd 2021 officer Cotto of the La
Crosse Police Department is driving a
marked police car through the
intersection of La Crosse and Lang in La
Crosse Wisconsin when he sees something
out of the corner of his eye
instinctively he pulls the steering
wheel to the left and a knee-jerk
attempt to avoid the oncoming object but
it's far too late another car smashes
violently into the squad car's front
passenger side before ricocheting into a
traffic pole and finally screeching to a
halt the patrol car is spun in a half
circle causing officer Cotto to crack
his head against the steering wheel and
his knee to collide painfully with the
metal console airs ringing and dazed but
still conscious the officer lurches out
of the patrol car immediately to see the
driver of the other car a blue Scion
dude you just blew the red man yeah no I
didn't see it 84 negative are you good
me yeah I'm good
oh it's got some glass in there I didn't
know I was paying attention to the right
are you hurting him
my car
got some good damage here man
why do you guys yeah why don't you guys
step out of the car
dude stop moving
good art the car man
okay your vehicle's still moving man hit
your parking brake up
come over here
you have an idea on you man idea I think
it's in my car why don't you sit down
sorry about that man I was in my place
I'd run to my place guys so bad I can't
be honest with you okay I mean you're
just not paying attention what's I was I
was not paying attention at all okay is
there anything to smoke tonight a drink
no no smoke The Joint like three days
ago
okay I was I sort of decided in my car
oh no I'm not already influence of
anything as the three stand in front of
the subway other officers start to
arrive on scene most notably officer
Olsen who takes charge as investigating
officer since officer Cotto is the
victim is not permitted to conduct the
investigation after checking on officer
Cato's status officer Olson immediately
begins to question the driver and his
passenger who are revealed to be 19 year
olds Jacob schwalbeck and Carter CJ
derson are you driving yeah I was
driving okay you're not hurt no I'm not
hurt what happened what way were you
going which way was I going I was going
this way
which way
I don't remember you were taking a right
yeah I believe so okay
I think I might have been like going
like 30 and I didn't see it like slow
down you know you have a red light did I
I do not recall okay you don't remember
what yeah I honestly it's just so fast
you know what I mean yeah
yeah I know what you mean I just bought
that car three weeks ago here officer
Olsen asks the boys for their numbers
and addresses and learns of the possible
extent of the pair's relationship
address
same as him yeah he's my neighbor not
hurt you're a passenger what do you
remember what happened uh I was looking
on my phone at the time so like I knew
we were coming around the corner to take
a right
a little bit too fast you know okay
where are you guys coming from where I
was going nowhere down there to the
smoke shop
you're coming from a smoke shop or yeah
okay I got you I'm not going to go to
jail no you've been using drugs no take
any pills no is there anything in the
car I'm gonna find no nothing weird like
two or three days ago two three days ago
yeah but not today no not today
you're okay do I feel okay you don't
feel tired or anything like is that why
you act or you just kind of cruising too
fast I think I was just cruising too
fast oh no it could be from tight too
because I work out with Caledonia snow
fact about 80 hundred dollar weeks you
know it just takes
okay she's got like a almost a round 40.
he seems like he's like a brownish green
coating on his time but yeah speech is
real with our injection yeah that's what
I know his eyes like a little like glass
then he approaches the officer who's
inspecting the vehicles to verify what
he's found in Jacob's wrecked Scion
the police report would show that in
addition to the two unused bongs
recently purchased from the smoke shop
there was also a glass marijuana pipe
with burnt THC residue found in the
center console suspicions validated
officer Olsen confronts Jacob more
directly okay so I want you to be honest
with me you smoke some weed today yeah I
did yeah pretty recently very recently
yeah probably two hours ago okay how
much how much like do you feel pretty
high because you seem pretty high no I'm
not high you don't feel high no yes
yeah I just bought it from the one place
wow someone who's under the influence
may have a difficult time answering
questions other conditions such as head
trauma stroke or idiopathic cognitive
impairment can present in the same way
Jacob's repeating back the questions
he's being asked may be a way to buy
himself a little extra time before
deciding how he wants to answer and
could be a sign of deception how much
did you smoke like the eyes I I haven't
even smoked that new piece in there how
much did you smoke two hours ago oh like
a couple one hitters a couple one
hitters is that normal or yeah it's
normal okay do you have anything on you
no you can search my pockets if you want
okay just hold on to that and I got my
wallet right here is that just a vape
is this a weed Vape no not always Vape
you can go ahead and test it and all
that you pull this thing out right here
pull it up under
control the fusion this to do if you
want to you can go ahead and do whatever
type test you have to do on it though
okay but you can put it back in your
pocket all right despite Jacob's more
honest answer officer Olsen still feels
something about the young man's behavior
is off so he decides to conduct a series
of sobriety tests after confirming with
Jacob that he had no previously
diagnosed visual mental or physical
impairments the officer Begins the tests
can you see my finger I want you to
follow my finger with your eyes and your
eyes only and don't move your head you
understand Jake officer Olson is
conducting what's known as the
horizontal gaze nystagmus test a test
that checks for involuntary jerking of
the eyes when focusing on a moving
Target which is a clear sign of
intoxication or impairment I've never
done this okay just just like you're
watching it everywhere my finger goes
relaxing already are you not able to do
this yeah they're not doing it you're
like looking past it for it when Jacob
is unable to pass the hgn test officer
Olson moves on to three other tests
involving balance and movement which all
have Jacob's stumbling swaying and
tripping over his feet then comes a
counting test which he miscounts
yeah
he does manage to say the alphabet
without singing it passing the alphabet
test but fully fails the other five when
officer Olsen confronts Jacob about his
failed tests particularly the hgn test
as it could be indicative of heavier
drug use Jacob again changes his story
all right give me one more chance to be
honest with me all right you're on
something else
there we are you're on something else is
he took that way more recent than
yesterday more recently yesterday just
be honest with me be straight so I can
get to start I can tell you're not
normal
when he smoked two hours ago or one yeah
yeah okay it looks like you took a lot
more than a half to be honest man that's
pretty good I took a half out of all
these things yeah I just got someone
going through my main right you know
now that officer Olson has the answers
he needs Jacob is arrested and taken
into custody with officer Olson
preparing to transport him to the lab to
have his blood tested for substances
we probably aren't going to hit that
anymore but this won't take too long
okay the tow trucks arrive to cart away
the squad car and the Scion which
another officer has just finished
searching alongside Carter who wanted to
retrieve his belongings Sergeant Coates
meanwhile drives officer Cotto to Mayo
Health Systems to have the injuries to
his head and knee treated the officer
would be released from the clinic
shortly having suffered only a mild
concussion and a badly bruised knee
later reports would allege that Jacob
was driving at around 45 miles per hour
in a 25 mile per hour Zone at the time
of impact as Jacob is handcuffed and put
into a patrol car to be taken to the
hospital for tests Carter sticks around
the scene taking pictures with his phone
and even walking into the road to take
closer photos of the car he tells the
remaining officer it's for insurance
purposes since he was the one who took
the pictures for Jacob's last car
accident whether this is true or not is
unknown but within an hour of Jacob's
arrest other officers contact officer
Olsen about a video they've seen pop up
on Facebook
cops right now
I ain't trying you up all right now
officer Olson notes in his report that
the Facebook video allegedly shows what
appears to be Jacob and Carter in the
Scion minutes before the accident going
120 miles per hour then cuts to the
other images and videos Carter was
taking at the scene including a brief
clip of Jacob being handcuffed
Jacob schwalbeck was initially charged
with operating while Under the Influence
causing injury among other charges
however it appears that charges
associated with the incident were later
dismissed in the state of Wisconsin a
DUI is committed when a driver is under
the influence of an intoxicant to the
degree that they cannot drive safely or
if a person drives with a detectable
amount of a restricted controlled
substance in their blood however an
affirmative defense exists if at the
time of the incident or occurrence the
driver had a valid prescription for the
intoxicant or substance there are
several potential reasons a court may
choose to dismiss these types of charges

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