TERRE HAUTE, Ind. (WTWO/WAWV) — A Terre Haute Police officer has resigned following allegations he drove his patrol vehicle at speeds above 90 mph while under the influence before showing up to work in the same condition.
Initial reports from the probable cause affidavit filed in the case listed high BAC numbers returned from breathalyzer testing done on Pupilli that day, with the highest being “>.6%”. However, his official charge filed in Vigo County Court ended up being a class C misdemeanor of “operating a vehicle w/ alcohol concentration equivalent to at least .08 but less than .15”.
When asked for an explanation of this difference, Vigo County Chief Deputy Prosecutor Rob Roberts explained it as follows:
“The initial breath tests were done at a local business that does alcohol and drug testing for employers. Those breath tests were not completed on a Breath Test Machine that is certified by the State of Indiana nor administered by a Certified Operator,” Roberts said. “To say it differently, those breath tests were not done in a way we can use as evidence. There is only one certified type of machine in Indiana. Each machine is regularly inspected by the State to make sure they are working properly, and the operator must be certified and maintain re-certification for the test result to be admissible in Court. The blood test, which is a medical test and is also admissible in court, returned at a .12. Hence the 2nd charge that was filed.”
It should be noted the blood test was performed at 9:48 p.m. that evening, while the non-admissible in court breathalyzer testing was gathered between 3-4 p.m. that day. Pupilli also faces a class A misdemeanor charge of operating a vehicle while intoxicated endangering a person.
While Pupilli’s misdemeanor case is still progressing through the court, THPD Chief Shawn Keen has confirmed that Pupilli resigned from the department on Wednesday. Pupilli had been on leave while the case was under investigation.
Pupilli is scheduled to have a bench trial with Judge Matthew Sheehan presiding in Vigo County Superior Court V on July 24 at 1:30 p.m.
