06/05/2026
As Sheriff of Webster County, I set the standard of policy and procedures for the Webster County Sheriff's Office. When a Deputy is called to the scene of an investigation, the agency response is that of an "investigation" not meerly the "reporting of facts". After the initial investigation a deputy must consider the totality of the circumstances of the crimes they are investigating and make a decision of based on their training and experience. The legal standard applicable to police officers, including deputies is probable cause. The US Supreme Court has long determined that it is unrealistic to expect police officers to meet the higher standard of beyond a reasonable doubt when making arrests. In instances of felony arrests, Deputies utilize their training to assess whether probable cause is present. This determination is then reviewed by a district court attorney and a judge, who routinely hold hearings to decide if the probable cause standard has been satisfied.
If the judge finds that probable cause exists, the case is referred to a grand jury. This panel, comprising members of the community, evaluates the evidence collected by the Deputy and determines if probable cause has indeed been established. If the grand jury concludes that probable cause exists for a crime, the case proceeds to circuit court, where the Commonwealth Attorney decides on prosecution based on all available facts. At this stage, the burden of proof shifts to the higher legal standard of "beyond a reasonable doubt".
The distinction between "probable cause" and "beyond a reasonable doubt" is significant. In DUI cases, the investigative standard for the deputy remains at probable cause. Deputies receive training in standard field sobriety tests, and all Webster County deputies complete Advanced Roadside Impaired Driving Enforcement (ARIDE) training upon graduation of police basic training. The results of these roadside tests, along with the facts gathered during the initial investigation, form the Deputy's probable cause determination.
It’s important to note that ARIDE tests do not indicate which specific substance may be impairing a subject; they only indicate signs of impairment. While standard evidentary blood tests can check for approximately 30 substances, many drugs that impair driving are not included in these panels. Therefore, a lack of drugs in the test results does not imply that no impairment was present; it merely indicates that none of the substances tested were found, leaving the possibility of other impairing substances.
Policing is challenging, and there will always be scrutiny regarding police actions, which is both expected and necessary. The legitimacy of these actions is upheld through the checks and balances system within our legal framework.
In a recent case of a DUI arrest by a deputy that was dismissed in circuit court:
✔️ Deputy Determined Probable Cause
✔️ District Court Determined Probable Cause
✔️ Grand Jury Determined Probable Cause
✔️ Accused Stipulated to Probable Cause in Court Proceedings
This system of checks and balances functions as our forefathers intended. There was no wrongdoing by the deputy; it is essential to understand the legal process involved.
As Sheriff, I strive to be transparent, I strive to hire deputies who will make tough decisions based upon training and experience. I strive to lead an agency who's staff proactively address the needs of our communities.
As your sheriff, I also trust the training standards, I trust the legal process, I trust the checks and balances of the system, and in this specific case I trust that the Commonwealth Attorney made an informed decision based upon the totality of the circumstances as it relates to his prosecution standard of beyond a reasonable doubt.
