911 Call Could Affect Roby Case

By Kyle Rowland on April 28, 2014 at 2:31p
50 Comments

Columbus police released a 911 call dispatchers received the night Bradley Roby was cited for OVI, according to 10TV.

On the tape, a caller says, “Hi, I'm just leaving BBR on Vine and some black Dodge Charger just almost hit a bunch of kids on the sidewalk.  And now, the driver is passed out drunk on the side of BBR in black Charger with Georgia plates.” 

Franklin County court records indicate Roby was arrested April 20 on Vine Street in downtown after officers found him passed out behind the wheel of his car. Police indicated he failed a field sobriety test.

Eleven Warriors obtained Roby's breathalyzer test, which shows he tested .008, well below Ohio's legal limit of .08. Results from a voluntary urine sample are expected in the next couple weeks. 

Roby's agent, Michael Perrett of SportsTrust Advisors, released the following statement to Eleven Warriors last week:

This past weekend my client Bradley Roby was issued a citation in Columbus, Ohio for operating a vehicle while impaired (OVI). Bradley was sitting in his parked car in a parking lot when he was approached and questioned by an officer. He was fully cooperative and willingly submitted to field sobriety and breathalyzer tests. His BAC test registered a negligible .008 and after further testing at the police station, he was very quickly released on his own recognizance. There are no other charges, and we are confident that this matter will be resolved quickly and favorably for Bradley. However, as the matter is still pending, we cannot comment further at this time.

If Roby doesn't win this case, it could bring an incident from last summer back into question. He was charged with battery after an altercation at a Bloomington, Ind. bar. The charges were reduced and eventually dropped after video of the incident proved a security officer was the aggressor in the incident, and Roby completed a diversion program. 

But conditions of the charges being fully dropped stated Roby must avoid legal trouble until Aug. 16, 2014. 

Roby is current projected as a first-round draft pick and slotted as high as the top 10 in some mock drafts.

Roby is due in Franklin County Municipal Court Tuesday.

50 Comments

Comments

jeremytwoface's picture

 

The first man gets the ((((Oyster)))), the second man gets the shell.

+10 HS
BTBuckeye's picture

I almost hit like 300 drunk kids jaywalking around late-night on South Campus during my tenure at tOSU.

They see me rollin', they hatin'...and apparently calling 911.

Moving on in life. He was a daytime Miller Lite away from an early morning tomorrow DUI...yadda yadda yadda

 

+9 HS
dancorona5's picture

I'm going to play devils advocate here and say, could it be possible that if he failed the field sobriety test but only blew a .008, could prescription drugs be at play? I want to assume they would have tested him for that but, at .008, being passed out behind the wheel of your parked car and the 911 call about him almost hitting people doesn't add up.

+1 HS
hit_the_couch's picture

"I hope he wasn't on that purple drank."

-Jamarcus Russell

And then I told her...i'm no weatherman, but tonight's forecast is calling for several inches!

+8 HS
yankeescum's picture

The beauty of the field sobriety test is that you always fail it.  I have been pulled over after no beers or drugs or whatever else people put in their system, and given the test and have failed it without fail.  It is just a way for cops to pretend to have "probable" cause to give you a breathalyzer.  I have started just saying that I have no interest in doing the field sobriety test and that if they want to waste their time and take me down to the station and breathalyze me there, they can.  That usually gets them off your back.  

+3 HS
Will in Arizona's picture

The track the eye movements test is really the only reliable indicator in the field anyway - the others are all extremely difficult to do given the circumstances.  Politely refusing the field tests, as you say, is perfectly acceptable and often the best strategy.  Politely is a key word there.

+1 HS
USMC11917's picture

The field sobriety test isn't a pass/fail test. Each test provides clues which contribute to probable cause in making the decision to place a subject under arrest for the safety of the public. The officer here was responding to a call request for service and made a decision that was what he believed in the best interest of the public. Yet, everyone damns him and assumes the worst for what reason? Even if Robys urine comes back clean are we just going to burn the man for acting in the best interest of the public? If so, who would really want that job?

+2 HS
Cavluv23's picture

Okay I'm confused so he almost hit a group of kids parked his car and immediately passed out ? Or did this guy wait a while and then placed a call after roby passed out ?? The chain of events and the call are confusing me ... It almost sounds like a set up .... Or am I just tripping ....

World travel is my passion spreading the word and grace of Ohio in every corner of the world . 

+5 HS
AndyVance's picture

Call me a skeptical/cynical SOB if you will, but I can't help but feel like someone's trying to put the screws to Roby given the proximity of this very strange situation and draft day. I guess we won't know for sure until the results of whatever other testing was done are released, and even then, who knows.

+4 HS
ralEbuckI's picture

Great point Cavluv, not to mention the caller somehow had enough knowledge to make the conclusory statement that he was passed out drunk.

+2 HS
hit_the_couch's picture

I don't see how the dropped case could be brought back up or have anything to do with this especially since it was in a different state.

I need to see a video of the actual incident to be sure that he came close to hitting pedestrians. Many times people don't actually see what they think they saw. This is proven through science; not that i'm for or against what he may have done.

*disclaimer: I am not an attorney or attorney paid spokesperson, just a loyal reader.

And then I told her...i'm no weatherman, but tonight's forecast is calling for several inches!

+1 HS
jeremytwoface's picture

From the article.... 

But conditions of the charges being fully dropped stated Roby must avoid legal trouble until Aug. 16, 2014. 

 

That's why it could be brought back up. 

The first man gets the ((((Oyster)))), the second man gets the shell.

+1 HS
Kyle Rowland's picture

This a common condition to most cases that are dropped. If you get in legal trouble within the year, you're in trouble. 

hit_the_couch's picture

I don't know the complete terms or legal agreement and neither do you. I read the article completely and am aware of that passage. While I don't know the law or what it states, I do know we are a republic and what happens in one state generally has no bearing or may not on what happens in another state. It's why you have people that commit crimes in multiple states must be tried and do time in each state. Not sure if I'm making my point clear enough, chief.

There has to be a lawyer on here though. I'd be happy to hear from them. Consultations used to be free, but I've been jail/ legal free for 8 years so maybe that's changed.

And then I told her...i'm no weatherman, but tonight's forecast is calling for several inches!

-3 HS
jeremytwoface's picture

I am no chief....

And I'm not saying I know the details of the legal agreement... 

I'm just quoting the the part of the article that directly answered your question. I'm not sure how jurisdiction would work in that case but I'm sure that Roby signed something saying he wouldn't get in legal trouble (no matter where he is) if he wanted the charges dropped. And I would there's something saying that the case could be re-opened as well... Kind of like if you are on parole for a crime in one state and commit a crime in another. Your parole officer isn't just going to let it go because it's in a different state. 

Plus, I trust the 11w staff and if they say it could re-open the case, I believe them.

The first man gets the ((((Oyster)))), the second man gets the shell.

+1 HS
luckynutz's picture

In cases such as robys, where the initial charge is reduced or a deal is made, its common to add in the "good behavior" clause. He accpeted the diversion program. And if im not mistaken, the charges against him carried jail time. In which case, the jail time avoided by accepting the program could come into play if hes found to have run afoul of the law in this case.

I dont know his case, dont claim to. But from personal experience, any time you enter into a plea arrangement in a case with possible jail time, they put it on the shelf. Meaning if you find yourself in legal trouble before the time they place on your case expires, you can end up back in front of that judge and ordered to serve that time. Its basically an unsupervised form of probation. You have to stay out of trouble, but dont have to report to a P.O. until the case clears. I was told this by a judge and had it explained further to me by my lawyer after an unfortunate situation in my youth. Basically...stay out of trouble for two years and stay out of jail. Get in trouble...your facing that time plus whatever you are facing for the current charges.

Patriot4098's picture

Could be sleep as well. The effects of exhaustion are similar to intoxication. That would certainly explain why he was sleeping in his car. If I almost hit some kids because I was falling asleep at the wheel, I'd pull over and get some sleep too. Just a theory.

"Evil shenanigans!"     - Mac

+3 HS
Byaaaahhh's picture

That sounds plausible. MUCH more plausible than being set up.

+6 HS
RunningFree's picture

If I had to guess what happened, this would be it. Personally, I feel much more out of it after a long day of no sleep as opposed to having a few drinks.

Pulled these stats (because everything on the Internet is fact!): A study by researchers in Australia showed that being awake for 18 hours produced an impairment equal to a blood alcohol concentration (BAC) of .05, and .10 after 24 hours; .08 is considered legally drunk.

Buckeyeneer's picture

I'm not going to jump on either side of the fence. His urine test should clear this up either way when it comes back. Until then, I have no real opinion on it.

"Because the rules won't let you go for three." - Woody Hayes

THE Ohio State University

+16 HS
bcarp87's picture

So it wasn't racial profiling...

+3 HS
I_Run_The_Dave's picture

Wait, there were a bunch of kids on the sidewalk outside a bar in the arena district late at night?  And the caller didn't call 911 immediately, but waited for him to pull over and pass out?  And didn't give the exact license plate number?

Sounds like the caller is the one that needs a citation to me.

+3 HS
BierStube's picture

This will all be mere speculation until Mindy Drayer diagrams this all out for us...

 

"No matter where you go, there you are." B. Banzai

+23 HS
The Rill Dill's picture

Best post on here.....ever.  Bravo!!!

+2 HS
gm3jones's picture

Way to funny man! I still cant help but picture that interview she was doing. Stupidest thing I have ever seen.

There is nothing more remarkable as learning to think better.

+1 HS
sivaDavis's picture

Hate to be that guy but is anyone else thinking BR might have done something illegal that night other than drinking?

 

Driving erratically and then passing out in your car? I've been there before... and it's been after I've smoked. 

 

Edit: I've never smoked and then drove. It always lead to me making ramen noodles and turning on a movie, that's about as far as I always got. But I have smoked and hit that wall of tiredness. 

"I've had smarter people around me all my life, but I haven't run into one yet that can outwork me. And if they can't outwork you, then smarts aren't going to do them much good." - Woody Hayes

+4 HS
RedStorm45's picture

Again...they found nothing at the time of citation/arrest/whatever AND they found nothing in his car.

+1 HS
sivaDavis's picture

I understand that, completely. You can however, smoke and have the police find nothing. You can smoke at a friends house and then leave for example. I hope nothing serious comes from this because Roby is a Buckeye and I hope he is a 1st round pick. Just trying to post an opinion and see what others think, that's all.

"I've had smarter people around me all my life, but I haven't run into one yet that can outwork me. And if they can't outwork you, then smarts aren't going to do them much good." - Woody Hayes

+5 HS
1967Buck's picture

  Siva, we were not there so we don't know what happen. Just some hear say. Test where taken,lets wait and see. Peace.

+1 HS
Barnsey69's picture

We're the kids wearing scUM shirts? 

Thank the Maker that I was born in Ohio, cradle of coaches, US Presidents, confederate-stomping Generals, and home of The Ohio State University Football Buckeyes!

+2 HS
FROMTHE18's picture

didn't this event happen at like 1-2am? If so, what were kids doing out on the sidewalk? Could have my facts wrong here.

Diseased Leg's picture

This had to be done on purpose...

Fuzzbuck's picture

The 911 call does nothing to sort this out any further- I am waiting on the pee test and Mindy Drayer!!! Good one!

-3 HS
bucknut94's picture

Who was it that said "Nothing good happens after 10 o'clock at night?

+4 HS
Floyd Stahl's picture

Our beloved Senator

+2 HS
AndyVance's picture

...and the immortal Woody Hayes before him.

cdub4's picture

What no one had mentioned, I thought about bringing it up before, is just because he was .008 when the test was given and cited at 4:20 doesnt mean he was .008 at 1:30 or 2:30. The body metabolized 1-2 drinks an hour. Is is not possible he was over the legal limit driving at 2 AM?

+1 HS
skid21's picture

True. But why is someone calling it in hours later?

Go1Bucks's picture

Are we sure the dispatchers call wasn't fabricated after the fact to make the CPD look good?  Any proof it was an actually 911 call?  I hate hearsay and right now, thats all any of this is.  Wait and see, let the courts do their jobs.  Either way, doubt it will hurt him from getting drafted.

Go Bucks!

-4 HS
skid21's picture

If I never see another Mindy Drayer reference in my life it will be too soon. Just worn out at this point.

+1 HS
Buckeye419er's picture

If they drive OVI, if they pull over to sleep it off OVI. Man F*CK the police. That is all. Moving right along.

-1 HS
MuraliPatel's picture

I have to wonder... is it possible Roby is allergic to alcohol? I mean, I know the symptoms vary, IE, most people with the allergy just get really red in the face, but, in rare cases, it is possible to suffer symptoms of extreme intoxication from minimal consumption.

-1 HS
45has2's picture

Any 2 bit ambulance chaser can destroy that 911 call and reveal it for the untrained uneducated trash that it is.

"I don't like nice people. I like tough, honest people." -W.W. Hayes

+1 HS
harleymanjax's picture

I'd be willing to bet that 911 call came from a cell phone with an Ann Arbor area code! 

"Because I couldn't go for 3"

+1 HS
harleymanjax's picture

I'd be willing to bet that 911 call came from a cell phone with an Ann Arbor area code! 

"Because I couldn't go for 3"

Knarcisi's picture

Simply put ... something doesn't add up here.

Wil's picture

Almost makes you wonder if someone slipped him a ruffie.......