A Mission Police officer faces driving while intoxicated charges related to an incident Tuesday in which he almost crashed into a concrete fence, records show.
David Michael Garcia faces driving while intoxicated and unlawful carrying of weapon charges related to his arrest Tuesday evening in Palmhurst, after he narrowly missed crashing into a concrete barrier, according to the arresting officer’s police report.
Tuesday at about 7 p.m., a Palmhurst Police officer began following Garcia in the 3900 block of Shary Road in Palmhurst after Garcia made a wide left turn and struck the street curb with his vehicle’s right tire — then proceeded to almost crash into a concrete fence nearby.
“(…The officer) then observed the front tire get on the easement before (Garcia) took left evasive action to avoid colliding with a concrete fence wall. (The officer) observed the driver almost lost control of (the vehicle),” the probable cause affidavit states.
According to the officer’s documentation of the event, despite initiating his emergency lights to pull Garcia over in connection with the traffic violation — Garcia did not initially pull over, and did not come to a stop until he parked at a convenience store more than a half mile away from when the lights were turned on.
“… The (vehicle) was not slowing down as it was entering El Tigre corner store …” the complaint states.
Once out of the vehicle, the officer noted Garcia’s condition during the stop, including bloodshot eyes, slightly slurred speech, a strong odor of alcohol coming from Garcia’s mouth, and that he performed poorly during the different roadside tests, including inability to walk a straight line and inability to touch his nose with the tip of his finger, to name a few.
Garcia apologized to the officer for striking the curb, stating that he was texting his wife, who he said he was having issues with, and that’s why he hit the curb.
“Garcia stated he was sorry and asked (the officer) to escort him home or have him call someone to take him home,” the report states.
When asked why he had not pulled over when the officer activated his emergency lights, Garcia told the officer that he “was looking for a safe place to stop,” eventually parking at “pump No. 3” in the convenience store’s lot.
The 43-year-old Mission man also admitted he had a weapon in the vehicle, a .38 Special, the report states.
The officer asked Garcia how much alcohol he had that evening, to which Garcia answered two beers, two hours earlier, at his brother’s home in McAllen, and that then he went to Coast, a bar and restaurant on 10th Street.
“(The officer) advised (Garcia) that he was reeking beer from his breath. Mr. Garcia stated that a bartender that was carrying a drink spilled it over his front shirt,” the report states. “(The officer) advised (Garcia) that the odor was coming from his mouth. Mr. Garcia then stated in Spanish, “Quien sabe,” (who knows).
Garcia refused a “breath” test, the complaint notes.
Garcia’s wife was called to the scene in order to recover Garcia’s vehicle.
“Mrs. Garcia was briefed on how Mr. Garcia ended up getting arrested. Mrs. Garcia stated that is the reason why she is not with Mr. Garcia, because he has a drinking problem,” the record shows.
In order to corroborate Garcia’s earlier statement, in which Garcia stated the reason he struck the curb was because he was texting his wife, the officer asked Mrs. Garcia when she last communicated with her husband.
The woman stated she last messaged with Garcia around 3 p.m. roughly four hours before the aforementioned incident.
Garcia was charged with two Class A misdemeanors, Driving while intoxicated, and unlawful carrying of weapon, jail records show. He was released on a $7,500 bond shortly after he was processed into the Hidalgo County jail, records show.
If convicted of the Class A misdemeanors, Garcia could face up to a year in county jail, and up to a $4,000 fine.
According to state records, this is Garcia’s third arrest in which he was intoxicated since 1996.
Garcia was previously arrested and charged with driving while intoxicated, once in November 1996, and once in July 2000.
The DWI from 1996 was formally disposed of in June 1998, in “the interest of justice,” while the July 2000 case was also thrown out in October 2002, after the state’s witness failed to appear, court records show.
Despite multiple queries into Garcia’s arrest, and the current state of Garcia’s standing with the police department, Mission Police officials did not respond or comment regarding Garcia’s arrest.
