John David Barrett
(Cushing PD file photo)
By Patti Weaver
STILLWATER — A Yale man, who was allegedly observed passed out in an SUV in Drumright before he traveled to Cushing, has been accused of driving under the influence of an intoxicating substance suspected to be a narcotic, in a case investigated by Cushing Police Officer David Smith with the aid of two drug recognition experts.
John David Barrett, 34, who was arrested in the 1200 block of E. Main Street in Cushing on the night before Memorial Day, could be given as much as a five-year prison term if convicted of DUI as a second offense, court records show.
Barrett was released from jail on $5,000 bond on May 28 with an order to appear in court on Aug. 4, court records show.
At 9:57 pm on May 25 a reporting party told a dispatcher, “They had found him passed out in the vehicle in Drumright, and the vehicle was westbound. The reporting party advised the vehicle had almost caused accidents and was going in and out of the ditch,” the Cushing officer alleged in his affidavit filed last week.
After observing the defendant’s SUV, “I advised John I had stopped him for failing to maintain his lane. I immediately observed a slurred speech from John and asked him to step out of the vehicle. While talking to John, I also observed constricted pupils also known as Miosis or ‘pinpoint’ pupils. I asked John how much he had to drink; he advised he had not had anything to drink.
“John began to ramble about what he was doing in Cushing. John advised he came to get something to eat because he had been resting up all day. While conducting the (field sobriety) test, I observed John was ‘on the nod’ as his eyes would begin to close almost to the extent that I could not see his pupils.
“I asked John when the last time he had slept was. John advised he took a nap earlier for a couple of hours. John was very uneasy on his feet. I asked John what time it currently was without looking at a clock. John advised 8 or 9,” when the current time was approximately 10:23 pm,” the Cushing officer alleged in his affidavit.
After additional field sobriety tests, “I had John sit in my unit, and I utilized my flashlight to look at his pupils. I again noticed his pupils were constricted, and when I shined my light into his eyes, I noticed no reaction in his pupil sizes, which based on my training and experience can be a sign of impairment of a drug. I placed John under arrest for driving under the influence of an intoxicating substance other than alcohol,” at 10:55 pm, the Cushing officer wrote in his affidavit.
At about 11:02 pm, “I transported John to the Hillcrest Hospital in Cushing where the state’s blood draw was conducted,” for analysis, the Cushing officer wrote in his affidavit. “While the test was being conducted, I observed John ‘on the nod’ again,” the Cushing officer alleged in his affidavit.
Drug Recognition Experts Cody Carpenter and Aaron Spears “ultimately advised it was their expert opinion that John was under the influence of a narcotic analgesic and was not safe to operate a motor vehicle,” the affidavit alleged.
“As I sat in on John’s evaluation, it should be noted that when John was asked what time it currently was, he advised 5 am, and the actual time was approximately 2357 hours (11:57 pm). This was a great change from his previous answer notated above which was approximately an hour and a half before” the Cushing officer alleged in his affidavit.
According to court records, the defendant had previously been placed on two years of probation under a deferred sentence in 2017 for driving under the influence in Creek County, a misdemeanor.
