Grand Jury Announces That Officers Will Not Be Indicted in DUI Case

A Santa Clara County criminal grand jury has determined that no charges will be filed against two San Jose law enforcement officers accused of ignoring evidence and mishandling a DUI investigation of a local District Attorney investigator. The decision not to charge San Jose police Sergeant Will Manion and Officer Patrick D'Arrigo comes just one week after District Attorney Investigator Sandra Woodall, a former San Jose law enforcement officer, pled guilty to misdemeanor driving under the influence. The charge against Woodall was reduced from a felony in accordance with the plea agreement entered last week.

This announcement comes as the result of a nearly year-long investigation stemming from a multi vehicle accident which occurred on the evening of March 25, 2008. According to police reports, Woodall crashed her Cadillac Escalade into two vehicles are the intersection of Branham Lane and Pearl Avenue in San Jose. A fifteen year old girl was injured in the crash.

Sergeant Manion and Officer D'Arrigo were the first officers to arrive at the scene of the accident. Paramedics arrived prior to the officers and had already begun to treat Woodall of any potential injuries by the time the officers had arrived. The on-site paramedic noted the strong smell of alcohol on Woodall's breath immediately following the accident, however, the officers failed to indicate this observation in their accident report. Additionally, the officers did not have Woodall submit to a blood alcohol concentration test in order to determine whether she truly had been driving under the influence.

On the night of the accident, witnesses indicated that Woodall admitted that she had been drinking prior to the accident and had recently left an alcohol rehabilitation program. Onlookers noted her disoriented and belligerent demeanor as well. However, Sergeant Manion and Officer D'Arrigo both noted that they did not detect any signs of intoxication, which is why they did not test her blood alcohol concentration. Medical personnel on the scene also indicated that the officers attempted to disrupt paramedic attempts to transport Woodall to the hospital for medical attention. Of these accusations, District Attorney Dolores Carr stated, "The allegations made were serious and called into the question the integrity of law enforcement. The grand jury has made its decision and the district attorney will abide by it."

The District Attorney's Office defended their decision to present the case to a grand jury by citing the numerous conflicting interests at issue, "The reason we took this case to the grand jury is because there are always these feelings of these close ties. That's why we take it to an impartial body. I don't see how much more unbiased that can be." In addition to Woodall's employment as an investigator for the District Attorney's Office and time spent as a former law enforcement officer, Woodall's father in law is also employed by the District Attorney's Office and Woodall's husband is a San Jose police sergeant. When asked whether prosecutors believed that the two men had committed a crime, Assistant District Attorney David Tomkins replied, "The grand jury answered that question."

This announcement marks a victory for the two officers, who through this long process have maintained that they committed no wrongdoing on the night of March 25, 2008. Their attorney, Craig Brown, reiterated this point, explaining to reporters, "I think it's the right result, obviously. They are relieved, of course. They always felt that they did what was right under the circumstances."

While the decision was met with approval by law enforcement agents and those close to Sergeant Manion and Officer D'Arrigo, the public has voiced the opinion that a serious miscarriage of justice has occurred by allowing two law enforcement agents to show favoritism to one of their own without punitive repercussions.

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