Around 1:00 am early Monday morning, Charleston police officers were dispatched to a disturbance at the 935 Club. They found Shawneda Jill Pennington sitting in the driver's seat of her vehicle with several other people standing nearby. Police were determining which groups were involved in the disturbance and were talking with Pennington when an officer asked her to turn off her car. When the officer reached inside the vehicle to turn off the ignition, Pennington put the car in gear and accelerated, dragging the officer a short distance.

Police initiated a pursuit and observed Pennington running several red lights and stop signs, while reaching speeds of 60 miles per hour. Pennington briefly lost control of her vehicle at one intersection but managed to back up and continue her flight. She eventually pulled off the roadway in front of her house, jumped out of the vehicle and ran towards an officer with her fists clenched. Another officer hit her with pepper spray, and, after a brief struggle, Pennington was restrained on the trunk of her car.

Pennington was taken to the Charleston Police Station, where she submitted to a breath test and registered a blood alcohol content of .083%. She was booked on charges of driving under the influence in WV, fleeing while under the influence, driving with a suspended license from a prior West Virginia DUI, battery on an peace officer and obstruction. She was held on $2500 bond.

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The arrest report shows that Cruz, 34, was stopped Monday night in West Charleston for driving without his headlights. He failed a field sobriety test and was taken to a police station for booking. He was given a breath test to determine blood alcohol content and was being fingerprinted when he “lifted his leg and passed gas loudly” in the officer’s face. Cruz then fanned the air with his hands and said, “Here, put that in your Breathalyzer”.

The police report complains that the gas was “very odorous and created contact of an insulting or provoking nature.” This lead to the charge of battery on a police officer being added to two counts of obstruction and West Virginia DUI.

Cruz, who has more than a dozen prior arrests, posted bond for the new misdemeanor charges and was released.

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Currently those convicted of a West Virginia DUI that involved a fatality would face from 1 to 10 years in jail. DUI offenders are typically credited for days spent in jail while their case is pending in court, diminishing the impact of final sentencing. The new legislation would ensure at least some prison time by changing the minimum sentencing to 3 years and increasing the maximum to 15 years.

According to federal statistics, in 2005 there were 108 deaths in West Virginia attributable to drunk drivers. That equaled 29% of all vehicular deaths in the state.

The bill is now being considered by the West Virginia Senate.

The terms of the insurance policy stated that a claim is payable only if an accident or death is unexpected. The Richmond, Virginia court found that because the man was driving while intoxicated he knowingly created a risk.

The man’s BAC was 0.12, and the Dutch financial services group ING Groep NV used that fact to fight the insurance claim.