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    Friday, December 14, 2018-4:44:42A.M.

     

     

     

     

     

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DPS loses documents in cop’s DUI case

THE Department of Public Safety has informed the Office of the Attorney General that DPS “cannot find” the documents relating to the DUI case of a police officer who crashed his vehicle while drunk,  injuring his girlfriend, in July 2017.

The AG’s office informed attorney Charity Hodson, who represents Police Officer Dixon Kown, that DPS cannot find the documents and that they may have been “lost in the move.”

Kwon was charged with driving under the influence with a blood-alcohol concentration of 0.08 percent or more, reckless driving causing bodily injury, two counts of fleeing the scene of an accident, and two counts of failure to have motor vehicle liability insurance while operating a vehicle on a public highway.

In a declaration filed in Superior Court, Hodson said the AG’s office called her on May 31, 2018 and advised her that DPS had not remitted the Internal Affairs documents in Kwon’s case that she had asked for.

Hodson said on Dec. 27, 2017, she submitted a Rule 16 discovery request to the government.

On March 22, 2018, she said she followed up on the discovery request, specifically requesting all the documentation from the Internal Affairs investigation with regard to an official complaint of police misconduct in connection with the arrest of Kwon.

The AG’s office on April 11, 2018 provided a one-page case summary consisting of six sentences acknowledging that Kwon had been arrested for DUI, and had been interviewed by Internal Affairs,  Hodson said.

She added that the government told her that a follow-up request had been submitted to DPS.

According to Hodson, she provided the government with a copy of the complaint which triggered the Internal Affairs investigation as a reference to the discovery she was seeking.

 On April 18, 2018, the AG’s office subpoenaed DPS Commissioner Robert Guerrero to ask for a copy of the complaint of police misconduct, Internal Affairs investigations, reports, outcomes, and any related documents of that investigation by April 20, 2018,  Hodson said.

She emailed the AG’s office on May 31, 2018 to request a stipulated motion to extend the deadline for motions, as she had not received the requested Internal Affairs documentation to determine what motions would be necessary in preparation for the bench trial which Judge Joseph N. Camacho set for July 30, 2018 at 9 a.m.

Hodson said on the same day, May 31, 2018, the AG’s office informed her that DPS could not find the documents.

 Hodson filed the declaration to support her motion to compel the government to disclose all documents within its possession or control that she had asked for.

She is also asking the court to dismiss the multiplicitous charges in the 2nd amended complaint against Kwon, and to fashion the remedy it deems appropriate.

She asked the court to dismiss the other charges to ensure Kwon’s constitutional right to be free from threat of multiple criminal punishments.

Hudson moved to dismiss counts 1, 2, 4 and 5 of the 2nd amended information.

She said the imposition of two fleeing-the-scene charges and being under influence with a blood alcohol concentration of 0.08 percent or more and driving under the influence is multiplicitous and violates the constitutional prohibitions of the double-jeopardy clause.

According to the prosecution, on top of driving while drunk, Kwon on July 22, 2017 operated a vehicle in willful or wanton disregard for the safety of persons or property which caused bodily injury to a person.

The prosecution added that Kwon also fled the scene, failed to stop at the scene of the accident after driving his vehicle into a tree causing bodily injury to his passenger, and failed to provide reasonable assistance to an injured person.