Sheriff’s sergeant resigns after blood draw shows alcohol content over legal limit on job

MARTIN COUNTY — A sheriff’s sergeant resigned after a worker’s compensation claim showed his blood alcohol content was over the legal limit when he crashed his law enforcement vehicle on the job earlier this year, records of an Sheriff’s Office internal investigation show.

Sgt. James Foster Jr. was driving his SUV and, according to the records, experienced a medical episode, crashing on Kanner Highway and Southwest 96th Street on Feb. 23.

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An initial investigation into the crash found Foster lost consciousness while driving a sheriff’s Chevy Tahoe.

The sergeant was traveling East on Kanner Highway and veered over the westbound lanes, striking a traffic cone, private mailbox, fence and tree, investigators said.

Foster was transported to Cleveland Clinic Martin South Hospital.

Foster said he was unsure of what happened because he “lost consciousness and blacked out,” according to the records. A medical blood draw was taken and measured his blood alcohol content to be 0.133. The legal limit is 0.08.

Sheriff’s officials didn’t learn of the blood draw results until March 21, when they were notified workers compensation paperwork showed Foster had a blood alcohol level over the legal limit, records show.

Medical staff initially deemed Foster’s crash to be the result of a medical episode, but listed his admitting diagnosis as acute alcohol intoxication and documented that atrial fibrillation, hypovolemia and alcohol presence in his system all likely contributed to the incident.

Foster gave a notice of resignation to the Sheriff’s Office March 23.

Sheriff William Snyder ordered a criminal investigation into the matter.

Over the course of multiple interviews with other deputies and hospital staff, investigators concluded the case wouldn’t be strong enough to hold up in court.

Sgt. Daniel Foote, who responded to the scene of the February crash, told investigators when he arrived Foster exited the SUV after fire rescue cut open the door, and had clear speech, clear eyes, steadiness on his feet and no odor of an alcoholic beverage coming from his person or breath, according to the records.

Deputy Felix Moros also told investigators he did not make observations indicating Foster was impaired in any way, records show.

Foster told Moros to cancel a call to fire rescue to respond to the crash and told Foote he did not need to go to the hospital, but fire rescue was called and Foster was transported to the hospital.

Deputy Erick Day investigated the February crash when it happened and told investigators Foster appeared dazed, but not impaired and was steady on his feet, records show.

Numerous civilians interviewed by investigators also determined Foster’s driving patterns were normal prior to the crash, according to the records.

Medical staff told Day they believed Foster’s blackout may have been caused by atrial fibrillation. The deputy did not continue with a driving under the influence investigation because of what he was told by medical staff and observing no signs of impairment.

Foster’s blood alcohol content levels provided probable cause to charge him with driving under the influence, according to the paperwork, but charges were not filed.

Investigators and prosecutors decided witness testimony saying that Foster did not initially appear to be impaired and Foster undergoing a medical blood draw instead of a procedurally different “legal blood draw” would likely cause an unfavorable outcome in trial.

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Mauricio La Plante is a breaking news reporter for TCPalm. Follow him on Twitter @mslaplantenews or email him at [email protected].