HUNTSVILLE, AL (WAFF) - After a DUI charge against a Huntsville police officer was dropped, one man thinks he got special treatment.
Lewis Lockett was hit by HPD officer Curtis Mitchell around 4 a.m. on March 17. The crash happened at the intersection of Wall Triana Highway and McCrary Road.
Lockett was on the way to meet his friend to go fishing. However, Lockett didn’t catch any fish that morning.
“Next thing I knew I got hit from the side by a vehicle. I didn’t see him coming, didn’t have no idea. He just ran into me on the side and knocked me off of Wall Triana into the ditch on the side of the road,” Lockett said.
He said it scared him to death, and he was in a daze for several minutes following the crash.
Mitchell was driving westbound on McCrary Road, where he ran the stop sign. Lockett was driving southbound on Wall Triana and was hit when Mitchell crossed the intersection.
“Matter of fact, his car hit me twice. It hit me in the front and then it spun around and hit me again in the side,” Lockett said.
According to the Alabama State Trooper’s report, Mitchell was charged that morning with a DUI, failing to stop at a stop sign, and having open containers in the car. The report said they found bottles of Jack Daniel’s and Crown Royal on the floor of the passenger seat.
WAFF 48 News has been asking about Mitchell’s blood alcohol content (BAC) level, but that’s one thing we can’t find. However, according to the Madison County DA’s office and Alabama State Troopers, a blood test was done at Huntsville Hospital.
Emily Carroll, an Assistant District Attorney for Madison County, said she decided not to subpoena the medical records. She said based on the circumstances, she didn’t see a problem with Mitchell doing a diversion program, even without his BAC level.
A Madison County rule states that in order to qualify for a diversion program, a person’s BAC has to under 0.15. Carroll said she never saw Mitchell’s BAC that morning, but still deemed him able to go through the diversion program.
When Lockett spoke with a state trooper at the scene, they told him the accident was in result of Mitchell being drunk.
“They told me that he was intoxicated, and that he was drunk and had a lot of open containers in there,” Lockett said.
Lockett also said he thinks if he had been in this position, the charges would not have been dropped. He said he thinks police, military and anyone in a powerful position should be held to the same standard as a private citizen.
WAFF 48 News also reached out to the state troopers office for Mitchell’s BAC, but they didn’t have it either. We also went to Curtis Mitchell’s home Thursday for a statement, and he did not answer.
We will keep trying to get in touch with Mitchell.