Scottville Mayor Joe Baxter Should Not Resign Because He Was Drunk Driving...

... He Should Resign Because He Looks to Have Lied to the Police

 

On October 18, 2012 at 8:35 AM, Scottville Mayor Joe Baxter wound up at the bottom of Scottville's gully at the end of East Second Street after being observed by witnesses as accelerating at a high rate of speed into it with his 2011 Ford pickup.  He said to the responding Scottville officers that he had swerved to avoid some deer.  He was transported to the Memorial Medical Center and mild injuries were treated leading up to his interview by Trooper Adam Clement of the Michigan State Police.  Due to Baxter's Mayor status, the Scottville police turned the investigation over to the MSP to avoid any appearance of impropriety in any investigation.

Clement interviewed the mayor and conducted a portable breathalyzer test on Mayor Baxter, then had blood drew from him shortly thereafter, according to protocol.  The breathalyzer, took nearly three hours after the crash, showed a BAC of .072, and there may be some delay to get the blood test results in before the new year, as per the normal waiting times for such tests.  A BAC of .08 or better defines whether someone is driving drunk, as per the law, and breathalyzer results are generally not admissible as proof of a DWI, so this blood test may determine whether he was intoxicated or not.

One could say he was likely over the .08 limit since he blew .072 a good deal later (which normally would reduce the BAC by .04 for 160 minutes of elapsed time), and that responding emergency units smelled alcohol on his breath, including the trooper over two hours after the crash.  The witnesses of the crash seem to indicate that Baxter had drove a bit wild in his journey into the ravine.  The empty alcohol flask in the back of the truck may indicate him having recently imbibed.  These are either circumstantial or inconclusive of DWI, what should concern everyone is the Mayor's likelihood of lying and the fact that he put a lot of innocent people in danger.

Liar, Liar Pants in the Quagmire

If we consider Mayor Baxter's own words and Trooper Clement's report, we can establish a solid timeline of pertinent facts:

10-17-2012

5-6 PM:  Baxter says he drained about a pint (16 oz.) of whiskey in this period.  That's about the equivalent of 10-11 cans of beer.  He also says this was the last alcohol he consumed.

8:15 PM:  Detroit Tiger's post-season game gets rained out.  He sleeps until the morning.

10-18-2012

Around 7 AM or earlier:  Baxter takes his vehicle out to his hunting land.  Mason County property records have him owning land out in Whiskey Creek (very ironic, considering), this is about 20 miles from his home, and would take at least a half hour each way due to the rugged roads.  Give him an extra half-hour for patrolling around for deer, and for patrolling around the city of Scottville.

8:35 AM:  The crash occurs on Baxter's way home.

10:55 AM:  The MSP begins the interview

11:14 AM:  Breathalyzer test (.072)

11:29 AM:  Blood drawn for blood test (results pending)

Let's assume the breathalyzer results and Mayor Baxter's statements are accurate, he blew a .072 on the breathalyzer 17 hours after his last drink of about a pint of whiskey.  Let's say he guzzled the pint at 6 PM (which is a feat in itself), let's take his weight from the police report as accurate too, at 190 lb., then his expected BAC is:

That's right, the BAC estimate under such conditions is zero.  All should have been metabolized.  Using the BAC Calculator/Estimator (used above), if we consider his pint as accurate info, then the time to achieve a .072 would be around 8-9 hours.  If we consider instead that the timing was accurate, then he must have consumed nearly a quart of whiskey back around 6 PM the prior night, that's about 19 cans of beer!

But with the recollections he had, he should have had zero unless he still had some lingering in his mouth.  After seventeen hours, and  spitting out gully water he admits to drinking  when he crashed?!

Joe Baxter, you have spent your life serving your community, whether it be through your service in the Scottville government, or your military career, which is beyond distinguished.  The honorable thing to do is take responsibility for your actions in this case; it would be dishonorable to bring the City of Scottville down with you if you have told something less than the full truth in your station as the Mayor of Scottville.

The breathalyzer, or the mayor is way off.  My money is on the breathalyzer and the senses of smell and observations of the emergency responders.  Before this is confirmed by the results of the blood test, Joe Baxter should do the right thing, resign his post as mayor and city councilor of Scottville.  Not do the wrong thing, which was to apparently drive his vehicle around the streets of Scottville while intoxicated, during the same time that the kids of Scottville are traveling to school.  And then, by likely not giving us the full truth.  This is not something a public official should do, particularly a mayor, the titular head and figurehead of Scottville.

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I don't know Joe but I'm sure he'll do the right thing. The fact that he was drinking in the morning says to me that he has a problem and he should seek help before he ends up back in that gully.

Part of dealing with the problem is recognizing it is a problem.  While it's the likely scenario that he went out to his hunting area and swigged enough to impair his driving, he has yet to admit he drank after 6 PM the previous night.  It increasingly worries me that his fellow councilors may be aware of a problem, but voted him in anyway. 

Perhaps they expected the COLDNews to look the other way as it has been when officials mess up.  But the COLDNews isn't the only source of news out there nowadays.  If he wants the best for his City, he'll do the right thing.

Until he hits rock bottom, don't count on him stopping his excessive. Sadly while everyone looks the other way, the Mayors rock bottom will be when he has an accident and seriously hurts himself or someone else. The fact he had no real injuries shows that he was extremely "relaxed" when he crashed.

I grew up in Scottville on South Main Street, and walked or rode my bike to school each day, across the same areas Mayor Baxter in his own words drove that day during that same time.  Kids still do that, and you have the mayor apparently rolling through this area blotto enough to drive like he did.  I strongly encourage all Scottville parents to come forth tomorrow at the Scottville City Council's 5:30 PM meeting to express their own concerns about having such a person at the helm of their City, and demand the truth. 

That other Mayor in Sheboygan Wis. also had to have repeated offenses before he got recalled. Sadly, some must hit a "rock bottom" like masonco said before it ends, hope he doesn't get hurt too badly or some innocents do. Nice thread there X, and graph to boot, we're getting fancy around here more and more I see. Hope we Torchers aren't over the limit, I see where 9 members were online here now at the same time.

The blood draw reports are in, and Scottville Mayor Joe Baxter had a blood alcohol level of .08, above the legal limits for being determined as DWI.  This blood test was done 17 hours after he allegedly told the MSP that he had had his last drink, not counting gully water.  He also reported to them that he not only drove about 20 miles to his hunting shack and back, but also around town-- when kids are walking, biking, and riding with their parents to school in Scottville-- while legally drunk before crashing his car into the gully with some crazy driving.  Then the Scottville City Council re-elected him mayor without incident or outcry from the rest of Clown Town.  Is it any wonder why Scottville has gone downhill in recent years?

This is reported on here:  http://www.masoncountypress.com/2012/12/05/scottville-mayor-to-be-a...

I may have missed a few things - isn't the mayor elected? Did they  re-elect him because no one ran against him? Personally I feel he should be fired - it's bad enough he was driving around town drunk - but he lied to the police. Yes I know people lie to the police all the time, but as an official I hold him to a higher standard- that may be wrong, but I won't change my opinion on it.

X, was Joe up for re-election this past fall in November, if so and re-elected? He may have to resign now, or possibly be recalled. That of course would be after his conviction and/or pleading guilty. Either way, it appears like justice may prevail in this sad but strange case of protecting elected officials over the general public. Stranger things usually don't happen in Mason County. The good ole boy club appears weaker after this episode, if conviction actually is the result.

I'm confused as to why you mention the good ol boys club - everything from the start of this seems to have been handled correctly to avoid any impropriety. Instead of the locals investigating they called in the state police. To me it looks like no act of favoritism has been shown, and everyone with the exception of the Scottville Mayor has performed with complete professionalism.

Scottville has a system wherein the Mayor is not elected by the people.  The people elect the councilors, and from their pool the councilors elect the mayor, which is a figurehead/ceremonial position for Scottville.  The City Manager does the executive tasks. 

I agree with your standards, Lisa, if you are going to be a councilor and a mayor having some executive and legislative powers over the laws of the city, you need to be held to the highest standards.

Whether it be SOP, (standard operating procedure), or not, if it was any of us, the general public, the local chief would have had us in custody/hospital and taking immediate BAC/blood tests upon the accident scene. Not passing it off to the MSP from Manistee to be determined at a much later time. It's a symptom of politics here, not justice that would pertain to others not in public office. Does that not bespeak of "good ole boy politics"? One system for us, and another for them...just saying.

To me two systems would suggest that:

US: They place us under arrest and administer BAC/blood test.

THEM: They inform the public no alcohol was involved and send them on the merry way.

The way they handled the situation to me suggests no impropriety - it took away the local officers concern of retaliation had he performed the task and arrested him. Saved the city possible $ in the event that a couple of months/years down the road, they fire the officer in question (with good cause - just citing examples, I'm the sure the officer involved is honorable in his position)- now he can't sue saying it was because he arrested the mayor. 

The way I see it they removed the "good ol' boy club" from the mix by the way they handled the situation.

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