Georgia Detective and Nutjob Scott Biumi Goes Berserk in McDonalds Drive-Thru

Forsyth County, Georgia

Not a Texas story, but an important one to show, demonstrating misconduct, excessive abuse and the need to really consider who really wears a badge.

A police officer who was waiting in the drive-thru line at a McDonald's restaurant in Forsyth County is accused of pulling a gun on the customer ahead of him because the officer was angry at having to wait for his food.

The officer in question is Detective Sgt. Scott Biumi, 48, of the DeKalb County Police Department. Biumi is charged with felony aggravated assault on the customer.

Biumi will have his police certification suspended.

"This flies in the face of decency and police professionalism and you can quote me on that!" said Ken Vance, the Executive Director of Georgia's Peace Officer Standards and Training Council. "His certification will be suspended immediately."

DeKalb County Police Chief Cedric Alexander placed Biumi on administrative leave with pay while the case is investigated.


Chief Alexander said Biumi has been on the force for more than 20 years. He began employment with DeKalb County Police in March of 1988. Over his 24 year history with the department he received more than 17 hundred hours of training, including a course in 2012 on 'ethics and professionalism.'

Dallas Police Officer Nicole Thomas Suspended After Drunk Driving Arrest

Dallas, Texas

A Dallas police officer has been suspended with pay after she was arrested for drunk driving in Seagoville.

Officer Nicole Thomas of the southeast division has been placed on administrative leave.

Thomas was arrested in March after fleeing the scene of an accident. It was later confirmed her blood alcohol level was twice the legal limit.

The Supreme Court Rules Against Police Officer Taking Blood Sample Without Warrant from Alleged Drunk Driver

Washington, D.C.

A man charged with drunk driving successfully won his case at the U.S. Supreme Court on Wednesday, with the justices concluding police should have first obtained a warrant before conducting a blood test against his will, shortly after arrest.

The issue before the court involved the balancing test between timely gathering of accurate evidence and privacy interests.

In this case, the high court struck down Missouri's guidelines giving police broad discretion to forego getting a judge's prior approval before executing a search.

"We hold that in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant," said Justice Sonia Sotomayor.

Law enforcement wants flexibility to conduct such "searches"-- saying alcohol dissipates over time and that delays getting a magistrate to sign off on a blood sample can mean justice denied.

However, according to civil rights advocates, these kinds of "invasive" medical procedures are unnecessary and unconstitutional, absent any extraordinary circumstances negating the warrant requirement.

The case involves Tyler McNeely, 25, who was stopped in the middle of the night two years ago near Cape Girardeau, Missouri, for speeding. He failed four field sobriety tests administered by highway patrolman Mark Winder.

McNeely then refused a portable Breathalyzer test on the scene, and was placed under arrest. The corporal then transported the suspect to a local hospital when McNeely said he would not consent to a breath test at jail.

Ignoring the man’s objections, the officer ordered a blood test.

The Fourth Amendment protects "the right of the people to be secure in their person ... against unreasonable searches and seizure," and that "no warrants shall issue, except under probable cause."

The high court's guiding standard has long been "reasonableness" and the justices here again said the warrant requirement can be suspended under exigent circumstances, such as the risk of endangering lives or destruction of evidence.

But the court has also said state intrusions into one's own body generally require prior review and approval by a judge.

The decision will likely mean police may be required to adopt more extensive guidelines on its testing policies, narrowing the emergency exceptions to the warrant requirement.

Is Nueces County Deputy Constable Ben Zapata, Jr. a Wife Beater? Authorities Say Yes

Robstown, Texas

A Nueces County deputy constable had the opportunity to be a guest at the jail on Monday, after his arrest on retaliation charges is out on bond. Robstown Police say he assaulted his common-law wife on Saturday.

The deputy constable has been identified as 54-year-old Ben Zapata, Jr. He was arrested Monday at his home in the 500 block of Iowa.

According to the arrest affidavit, a warrant was issued after Zapata’s common-law wife Oralia Cuellar said he punched her in the mouth and dragged her by her hair on Saturday. The woman, according to investigators, confronted him about coming home from work in a bad mood on Saturday.

Zapata is facing retaliation charges because he was allegedly harassing her as she filed assault charges against him. According to court documents, while Cuellar was at the Robstown Police Department, Zapata called her 56 times in the hour that she was talking to detectives.

Cuellar sent him a text message telling him that was enough and that he was harassing her. And this isn’t the first incident of abuse, according to court documents. According to the affidavit, Cuellar says Zapata threatened her and says “I might as well kill you now and get it over with” she says that’s when he walked out of the home and acted as though he had a gun in his hand. Lt. Gilbert Gomez of Robstown P.D. says punishment or termination with the Precinct 5 Constables will be assessed by that department.

LT. Gomez said Cuellar was pretty “banged-up.” Detectives also witnessed the dozens of phone calls that came from “Ben” while they were taking the woman’s statement.

Travis County DA Rosemary Lehmberg Found the Vodka: Arrested on Drunk-Driving Charge

Austin, Texas

The Travis County District Attorney, Rosemary Lehmberg, has a better understanding of life on the other side of the law. That is because, according to police, she spent some time in the slammer on Saturday morning, after being arrested on a drunk-driving charge.

It was a 911 call by a motorist that alerted authorities to search for a vehicle weaving and crossing into oncoming traffic.

After her arrest, Lehmberg was released on $3,000 bond.

An arrest affidavit wasn’t clear on whether or not Lehmberg was subjected to a breath test. She told deputies that she consumed two vodka drinks earlier in the evening.

The affidavit did, however, indicated that Lehmberg's speech was slurred and mumbled and her walking was "staggering and unsure."

Easter Bunny Stopped By California Highway Patrol for Failure To Wear Helmet

The Easter Bunny was stopped by the California Highway Patrol Saturday morning after he was spotted driving without a helmet.

According to police, an officer was patrolling highway 8 when he observed a giant rabbit on a motorcycle traveling the highway near San Diego. The officer initiated a stop after noting that the rabbit wasn't wearing a helmet. The dispatch call actually said,“I’m stopping the Easter Bunny.”

The man inside the costume told the officer that he was headed for a charity event. The officer did not cite the rabbit, but issued a warning for failing to wear a helmet. The officer also noted that the costume posed a visual impairment.

The department stated that they had pulled over several motorist dressed in Santa suits before, but couldn't remember a time they had nabbed an Easter Bunny traveling on a motor cycle.

Huntsville Police Officer Christopher Myers Arrested for Physically Assaulting Man in Handcuffs

Huntsville, Texas

A Huntsville police officer was arrested Thursday by the Texas Rangers after being indicted by a Walker County grand jury Wednesday.

29-year-old Christopher Lee Myers of Willis was jailed in Montgomery County Thursday morning around 11 a.m. and charged with Official Oppression for allegedly mistreating a person who was in his custody.

Court documents indicate Myers physically assaulted Eldon Jacob Fuller while he was in handcuffs on August 10, 2012.

Myers had been an officer for a little more than four years, serving most of it with the Huntsville Police Department. His last day on the job with Huntsville Police is listed as March 8. Myers' TCLEOSE service record shows no previous disciplinary actions.

If convicted, Myers faces up to a year in prison and up to a $4,000 fine. After posting a $1,000 bond, he was release from jail.