By Patti Weaver
STILLWATER — A driver from Carney, who was found unresponsive along with a passenger in a truck at a stop sign on Washington and 152 Street in rural Perkins, has been charged with actual physical control of a vehicle while under the influence of liquor as a second offense, a felony punishable by up to five years in prison on conviction.
Nathan Vaughn Evans, 40, who had been placed on probation for the same offense as a misdemeanor four months earlier, was released on his new charge on a personal recognizance bond with the condition that he have no alcohol. Evans has been ordered to appear in court with an attorney on Jan. 13, court records show.
Payne County Sheriff’s Deputy Joseph Jones, who has been certified as an advanced roadside impaired driving enforcement officer, alleged in an affidavit that at 3:41 pm on Nov. 21, he was dispatched to Washington and 152nd “for a report of two unresponsive males sitting (in a pickup) at the north side stop sign facing south in the middle of the road.
“Payne County dispatch advised the caller attempted to wake the males up, but they did not move. Before my arrival, Payne County Deputy Zack Pruitt responded and attempted to wake up the males by knocking on the window,” and was able to do so.
“Deputy Pruitt advised me that when the passenger, identified as Tanner Miller, exited the vehicle, he kicked an empty Michelob Ultra Lime Cactus can from the floorboard into the ditch. Deputy Pruitt also stated that he located an open Michelob Ultra Lime Cactus in the center console cup holder.”
Both men were examined by Life Net EMS, the affidavit said.
Deputy Jones alleged in his affidavit, “In the back seat area of the truck, we located a 1.75-liter bottle of Hornitos tequila, which appeared to be missing approximately two shots. We also located a 12-pack of 12-ounce Michelob Ultra Lime Cactus with five unopened cans remaining.
“Evans advised that he and Miller went to Treehouse Bar, and he had ‘one drink’ there. Evans also stated he had one of the Michelob Ultra Lime Cactus. Evans reported he did not drink any of the Hornitos tequila, and that Miller bought all of the alcohol. Due to my observations, Evans being unresponsive and Evans admitting to drinking, I placed him under arrest.
“Miller advised that he and Evans were coming from the Treehouse bar. Miller stated that he had ‘a beer’ while at the Treehouse. I asked Miller whose alcohol was in the vehicle, and Miller had a moment of silence before reporting that all the alcohol belonged to Evans. Miller advised that he did not drink any of the alcohol that was inside the vehicle. Due to my observations and Miller being unresponsive, I placed him under arrest.”
According to court records, Miller, 40, of Chandler, who was released on a personal recognizance bond, was charged only with misdemeanor counts of public intoxication and transporting an open container, with an order to appear in court on Dec. 16 with an attorney.
Evans had been placed on one year’s probation on July 7 on a misdemeanor count of actual physical control of a vehicle while under the influence of liquor in 2024 in Payne County, court records show.
