The Farmington City Attorney’s Office has appealed a municipal court ruling to the 11th Judicial District Court in an attempt to secure a DWI charge against a Farmington man with no known criminal record.
Patrick Lameman, 27, was tried Oct. 29 in Farmington Municipal Court on charges of a first aggravated DWI and wrongful entry of a public facility. Municipal Judge Robert Miller found him not guilty on both counts after granting a motion to suppress evidence in the case.
However, Deputy City Attorney Russel Frost appealed the case to the higher court, attempting to seek a new trial that would result in a conviction.
Lameman’s attorney, Ian Jump, told the court on Dec. 16 that he was “not sure what we are doing here,” because the city lost the case in municipal court and to proceed with a new trial would be “double jeopardy.”
Frost argued that the municipal court is “not a court of record,” so on Nov. 13, he filed a civil appeal, asking the district court to retry the case.
Lameman’s charges stem from an arrest Dec. 27, 2022, after a Farmington Police officer reportedly found him at 2:49 a.m. parked in a lot at the Among the Waters Trail, 1090 Bisti Highway.
According to the statement of probable cause, officer Dan Ashburn was patrolling the area in search of “the homeless population (freezing temperatures) as well as people using illegal narcotics (overdoses) in the park.”
Ashburn stated in the document that he entered and “noticed a vehicle follow me into the park.” The vehicle reportedly was driven by Lameman, who parked his car “on the north side of the parking lot.”
Ashburn writes in his report that he “found this strange,” because the park was closed. He “approached the vehicle and made contact with the driver,” court records state.
Ashburn further states in the court records that the thought Lameman had been drinking because “his eyes were red, bloodshot and watery and his speech was slurred.”
Lameman reportedly admitted to having drunk alcohol and failed a field sobriety test, according to Ashburn’s report in the probable cause statement.
A breath test allegedly resulted in a 0.18 at 3:24 a.m.
In a motion Aug. 15 to suppress evidence, Jump disputes the facts reported by Ashburn.
Lameman was not even in the park when he was approached by Ashburn; instead, he “never” entered the trail or crossed “the barrier” into the area, according to the motion.
Lameman “remained in his vehicle and attempted to reverse out of his parking spot when Ofc. Ashburn seized him,” the motion states.
The motion further states that Ashburn “never accused defendant (Lameman) of wrongfully entering the trail and never asked why he was there.”
Jump states in the motion that “Ashburn illegally seized defendant (Lameman) and the stop should be suppressed,” which he argues was “unconstitutional.”
Miller agreed granting the motion to suppress, and Frost wants to appeal that motion, having the higher court address the case instead.
District Judge Curtis Gurley told Frost it doesn’t matter which court the case is in the “Constitution still applies.”
“You proceeded to trial, and he was acquitted. That’s the end,” Judge Gurley said.
Frost argued with the judge that double jeopardy does not apply.
Gurley told Frost to file a double jeopardy motion; and Jump, to file a response.
The case will be considered at 10 a.m. Jan. 13 in the 11th Judicial District Court.
