A 23-year-old Colona man faces charges after an Iowa State Trooper alleges the suspect spat at a Davenport Police Officer early Saturday.
Devin Shields faces a felony charge of assault by an inmate with bodily fluids or secretions, and a serious misdemeanor charge of operating while under the influence – first offense, court records show.
About 1:48 a.m. Saturday, a state trooper saw a red sedan at a red light facing east on 3rd and Main Streets in Davenport, arrest affidavits say.
When the light turned green, the driver accelerated quickly, causing the sedan to do a burn-out (spin the tires) while next to the trooper’s fully marked ISP cruiser. The trooper stopped the car and made a driver’s-side approach to Shields, who was driving.
“While speaking with Shields he clumsily was trying to locate gum to mask the odor of alcohol emanating from his person and the vehicle which was occupied by two other passengers,” the trooper alleges in arrest affidavits. “While speaking with Shields at his window along with the odor of alcohol I noticed: impaired dexterity, bloodshot watery eyes, and slow responses to simple questions.”
The trooper asked Shields to get out of the car, “and his demeanor began changing quickly when I began asking him about standard field sobriety tests. His emotions were changing extremely rapid from anger and hostility to respect and apology,” the trooper writes in the affidavits. “I explained all three tests to Shields and he refused to participate in each individually, claiming I did not have reasonable suspicion to do them.:”
The trooper alleges the strong odor of alcohol continued to come from Shields’ person and breath, and his balance was impaired. Shields refused to give a breath sample and was taken into custody, the trooper says in the affidavits.
“While he was seated in the front seat of my cruiser, Shields took it upon himself to roll down the window and (a Davenport Officer) checked to make sure he was OK. After asking Shields if he needed something, Shields responded by spitting on (the officer) with no provocation,” the trooper alleges in affidavits.
Shields then was transported to Scott County Jail. Upon arrival he was given unrestricted access to his phone and read his implied consent advisory, affidavits say.
Shields then refused to give a sample of his breath. He was booked into Scott County Jail, and was released later on bond. He is set for a preliminary hearing in Scott County Court on Feb. 17.
