Brian McIntyre’s future as Cochise County’s top prosecutor was thrown into question after Sierra Vista police arrested the county attorney on suspicion of DUI in the early morning of Jan. 28.
Officers arrested and cited McIntyre for “super extreme” DUI after he was found to have a blood-alcohol concentration of .21% — more than twice the legal limit, according to a police report.
McIntyre provided a written statement through the Sierra Vista Police Department where he lamented his actions.
“For 18 years I have done my best to ensure that choices have consequences,” McIntyre wrote. “My choices will also have consequences and the matters will be handled by an outside prosecution entity and most likely an out-of-county judge.
“As disappointed as I am in myself, it looks like disappointment from the professionals who had to do their duty last evening due to my choices that will live with me the longest,” McIntyre added. “No one is above the law, including me.”
His next scheduled court appearance is Feb. 16 according to statements captured through an officer’s body camera, although it wasn’t immediately clear which court location the hearing would be held at, given McIntyre’s position. It was also not clear whether the county prosecutor was on administrative leave as the investigation continued.
McIntyre declined to provide additional comments to The Arizona Republic on Friday, but added that he expects to release another statement early next week.
Officer to McIntyre: ‘I can’t believe you’re out drinking and driving’
Sierra Vista police officer Allan Clark was driving north on Paseo San Luis near La Linda Way where he passed a white Cadillac ATS driving south at about 2:10 am
A police report states Clark followed the Cadillac and noticed it was driving 38 mph in a 45 mph zone. Clark reported seeing the vehicle veer into the lane marker and eventually made a wide turn onto Oakmont Drive and noted that the Cadillac’s driver appeared to be avoiding him.
Clark eventually turned on his vehicle’s emergency lights and stopped the Cadillac.
Footage from Clark’s body camera shows the officer approach the Cadillac’s driver’s side and ask the driver, recognized as McIntyre: “Brian, what are you doing?”
McIntyre tells Clark he’s trying to take a woman in the passenger seat of his car to her home. Clark informs McIntyre that he saw him driving on a traffic line and making a wide turn.
“OK,” McIntyre replies. “Like, I said ‘OK’ cause that’s what you feel.”
“It’s what I saw, Brian,” Clark replies. “How much have you had to drink?”
McIntyre says, “Um …” and stares into the distance when Clark interjects and says, “Your driving isn’t good. You clearly don’t want me behind you.”
McIntyre tells Clark that he came up behind him quickly, but trails off as Clark says, “Oh my God,” in an incredulous tone. A moment passes before Clark tells McIntyre that he’s disappointed.
“I am as well,” McIntyre replies.
Clark then asks McIntyre to exit his vehicle and calls for backup before asking him why he’s drinking and driving. McIntyre closes his eyes and shakes his head as he explains that the woman in his passenger seat needs a ride home.
“I understand that, but you can’t be drinking and driving,” Clark responded.
McIntyre can be heard slurring his words as he repeats what he was trying to get the woman home before saying, “Sorry.”
“Look, you have to do what you have to do,” McIntyre said to Clark.
“I know,” Clark says. “I do. I mean, you guys know me. I don’t let —”
“Yeah, I know,” McIntyre says before Clark can finish his sentence.
Clark directs McIntyre to a nearby sidewalk and asks him whether he has any medical conditions. McIntyre says he had knee surgery twice and has a bad hip.
McIntyre can be seen swaying back and forth as Clark conducts a field-sobriety test before saying, “This isn’t good.”
McIntyre appears to grow frustrated and begins walking back toward the Cadillac when Clark asks him to come back.
“No, I’m not — I’m not going that way,” McIntyre says. “I’m sorry.”
McIntyre comments that he saw a look in Clark’s eye, to which Clark responds, “Yeah, I’m disappointed! You — I mean, I can’t believe you’re out drinking and driving.”
McIntyre says, “No, no I’m just …” but doesn’t end up elaborating.
Clark retrieves a breathalyzer from his car and has McIntyre blow into it. Clark comments that McIntyre will likely be charged with a “super extreme” DUI, meaning his blood alcohol content was .20% or above.
Footage from Clark’s body camera shows the Breathalyzer’s screen reading back “.200.”
McIntyre screams “No” in disbelief as Clark shows him the result. Clark then handcuffs McIntyre from the front and informs him that he’s under arrest. He then escorts McIntyre to his patrol vehicle as he tells him his car will be impounded for 20 days.
McIntyre asks about his passenger getting home to which Clark assures him that the police will take her home safely.
After Clark places McIntyre in the back seat of his patrol vehicle, he comments to another officer that McIntyre tried to avoid him.
“I would too,” the officer replied, eliciting a chuckle from Clark.
Clark then drives McIntyre to the Sierra Vista police station and escorts him through a hallway of what appears to be holding cells before taking him to a room where Clark processes McIntyre.
McIntyre can be seen grimacing and burying his face in his hands largely in silence as Clark scrawls through a litany of forms for several minutes. Clark eventually breaks the silence by asking if McIntyre is interested in answering “the normal DUI questions.”
McIntyre stared back at Clark with a tired expression and appeared to mouth the word “no” before mumbling something unintelligible. McIntyre can later be heard saying he will consent to whatever tests Clark wishes to give him.
Several more minutes passed with Clark filling out the paperwork before he instructed McIntyre to breathe into a tube connected to a device labeled “Intoxilyzer 8000” for approximately 10 seconds. A police report notes that Clark breathed into the device at 3:05 am and 3:11 am with his BAC coming back at .207% and .210% respectively.
Clark also asked McIntyre to sign a form consenting to a blood draw. McIntyre appeared even more disturbed after hearing the request, turning away from Clark and repeatedly burying his face in his hands while appearing to fight back tears.
Clark asked McIntyre when he would like his next court date to be, prompting McIntyre to laugh at what appears to be disbelief.
He eventually settles on Feb. 16.
McIntyre asks Clark and another officer about their body cameras.
“Where’s the …” McIntyre begins to ask while making a motion with his hand.
“Our body cams?” the other officer asks.
“Yeah,” McIntyre replies. “We’re good?”
“They’re on,” both officers replied simultaneously.
McIntyre then requests that he be allowed to walk home, which Clark refuses.
“I don’t usually let people walk home who have been drinking — just liability reasons,” Clark said. “I’d feel better if we gave you a ride.”
McIntyre agreed, and left the room with the other officer as Clark offering a solemn farewell.
“Bye, Brian,” Clark utters in a low tone. McIntyre seems to gesture something while shaking his head as Clark’s camera shifts away from him with the video ending a few seconds later.
Reach the reporter Perry Vandell at 602-444-2474 or [email protected]. Follow him on Twitter @PerryVandell.