Woman Arrested For DUI; Found Not Guilty by Jury

Seattle, Washington — On November 20, 2017 Tiffany Neatrour was released from an inpatient alcohol detox center. She went to her relatives house, some things happened, and later that day she found herself arrested on suspicion of DUI, driving without a license, and false reporting after Seattle Police dispatch received a 911 call reporting a reckless driver allegedly matching her description… and driving her car.

The arresting officer in this case was Tom Heller, badge number 7427 of North Precinct Patrol, Second Watch. Officer Heller graduated from the police academy in April 2008, and at the time of this arrest he had already “apprehended, arrested, or otherwise investigated” nearly 450 DUI cases. He is an instructor for the standardized field sobriety tests and has been a Drug Recognition Expert Instructor since November 2016. Prior to being a police officer he spent two years working as an EMT. And Tiffany Neatrour’s jury verdict was clear: Officer Heller got this one wrong.

Neatrour’s attorney – public defender Wissam Itani – fought vigorously for her, challenging the constitutionality of Officer Heller’s arrest and making a wide variety of other courtroom plays. Ms. Neatrour had later admitted to driving, but only after what Itani argued was an unconstitutional arrest, not supported by probable cause. A defense investigator poked holes in some of the testimony that you will hear, and the defense took issue with the warrant that had been issued for Ms. Neatrour’s blood. Nonetheless, the defense motion to suppress pretty much everything was denied.

The defense did get some big wins, though, such as a granted motion to preclude all statements made by witnesses who would not be testifying in court on confrontation clause grounds – including the 911 caller. One of Neatrour’s nieces had since died, and “would likely” not be appearing in court. Her testimony was suppressed accordingly. On top of that, the defense was granted a motion to exclude any mention of Neatrour’s prior alcohol abuse or having attended a detox facility. The prosecution would not be permitted to reference Neatrour’s threats to kill Officer Heller or her statement about having a suspended driver’s license. Specific sections of body worn camera footage were agreed admissible and were played in court. All other footage could not be used or referenced.* The prosecution scored a number of motion practice wins as well, and the case was set for trial. Neatrour refused to accept a plea bargain.

On 2/20/19 a panel of jurors was selected and sworn in and Ms. Neatrour’s trial commenced. Officer Heller and other witnesses testified, and the City rested its case the following day. On February 22, 2019 the jury returned its verdict: not guilty. And that was that. The case was closed. This is Part III of the body worn camera footage in the case. As you watch, keep in mind that much of the footage you are seeing was deemed inadmissible.

*That is not unusual. Although the details get complicated, a defendant’s prior misconduct (“propensity evidence”) is not admissible to show the defendant’s general propensity to engage in criminal activity. See State v. Bowen, 48 Wash. App. 187, 738 P.2d 316 (Div.3 1987). The idea being that such evidence is highly prejudicial, stripping the defendant of their presumption of innocence and possibly leading a jury to convict not because they find the defendant guilty of the charged crime beyond a reasonable doubt, but because they believe the defendant deserves to be punished for a series of immoral actions.

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