Ball State student tries to avoid police in Village arrest

A student tried to dodge police through streets near the Village early Sunday morning before pulling into his apartment complex to be handcuffed.

Mitchel Abney, 20, was flagged as a possible drunken driver when he struck the right-side curb of the roadway on Dicks Street. Police later found that Abney had a 0.164 blood alcohol level, which is a Class A misdemeanor.

Muncie police officer Kristopher Duncan was making a routine patrol when he noticed Abney run up against the curb.

Duncan turned on his emergency lights when he noticed Abney almost ran into a group of people crossing the street.

"The suspect vehicle nearly struck the last two people in the group," Duncan said in a probable cause affidavit. "I heard those individuals yell as the vehicle passed them, through my partially open window."

Duncan said the vehicle then sped to Ashland Street, and he turned on his emergency sirens. From there, the car turned into the parking lot area of 1500 W. University Ave. and came to a stop.

"When I spoke with him, I observed his speech to be slurred and the strong odor of an alcoholic beverage came from his breath as he spoke to me," Duncan said. "When asked how much he had drank the driver stated, ‘A few, not much.'"

Abney used the steering wheel and the car door for support to help him get out of the car. Duncan said he failed all six components of the horizontal gaze nystagmus, which refers to a lateral or horizontal jerking when the eye gazes to the side.

Abney was also charged with endangering a person and minor possession of alcohol.


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