Wednesday, September 21, 2011

Byfuglien Charged With Four Counts

Dustin Byfuglien has been charged with 4 counts in relation to the boating incident 3 weeks ago.

According to the officer, Byfuglien’s speech was slurred, his eyes were bloodshot and watery, he was unsteady on his feet and he smelled of alcohol.

The boat was stopped by a water officer for operating the boat without proper lighting, according to documents released by the arresting agency on Lake Minnetonka.

"Mr. Byfuglien stated that he had taken a muscle relaxer earlier that day, but that he could not remember the name of the muscle relaxer," the documents say. "Mr. Byfuglien stated that he takes a 'handful' of supplements from 16 or 17 different bottles every day and that he does not know the names of the supplements."

Byfuglien refused to give a blood or urine sample, but was examined by a police drug recognition expert. Byfuglien's pulse rate was high, as was his blood pressure. His eyes were watery and he had a "distinct brown stain on his tongue," according to the expert.

"He formed the opinion that Mr. Byfuglien was under the influence of a controlled substance and was unable to safely operate a watercraft," the court papers say.

Byfuglien is also charged with refusing to provide a blood or urine sample, failing to display proper lights and failing to provide enough flotation devices for himself and the three passengers on board.

Refusing the blood or urine test is the most serious charge carrying a maximum one year in jail, a $3,000 fine or both. The other three charges each carry a maximum of 90 days in jail $1,000 fine or both.

Kevin Cheveldayoff, general manager of the Winnipeg Jets, said the hockey club is taking the charges seriously.

"After allowing the legal process to play out to this point and gathering as much information as we could, we are fully aware of the charges against Dustin," he said in a statement.

"While we will continue to support him in this situation, we understand the severity of the charges involved in this case. We will continue to monitor the situation closely and, until the continuing legal process is completed, we will have no further comment."

Prosecuting attorney Steven Tallen said Byfuglien has the choice to appear in court — or have a lawyer appear on his behalf — and plead to the charges.

"He'll either enter a not guilty or guilty plea, or he'll file motion papers claiming the stop was illegal or there is some constitutional reason to dismiss the case," Tallen said. "What happens after that, depends on him."

Byfuglien is scheduled to appear in a Minnesota court Oct. 21. Mitch Robinson, Byfuglien’s attorney, said he planned to enter an innocent plea on that date.

Asked about the supplements cited in the criminal complaint, Robinson said: “I don’t know everything that he’s been taking, but he assures me that everything he’s been taking is sanctioned by the NHL.”

TTFN

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