Records: Suspect sedated after fighting blood draw

AP News
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Posted: Dec 12, 2014 4:03 PM

BELLINGHAM, Wash. (AP) — A drunken driving suspect was given a sedative against his wishes to stop him from kicking and flailing to avoid having his blood drawn for an investigation into a traffic death, court records say.

Brian Jeffery Smith, 31, of Everson was charged Wednesday with vehicular homicide in the Dec. 5 death of Jason Lyle "Bone" Schuyleman, 38, who was riding a motorcycle when he collided with Smith's SUV.

Smith told a Washington State Patrol trooper he felt terrible he didn't see the motorcycle. He said he had not been drinking, but the trooper smelled alcohol and asked for a breath test, The Bellingham Herald reported (http://bit.ly/1vJh9Ko ).

That test indicated a blood-alcohol content of 0.145 percent, well above the state 0.08 limit, according to charging papers.

Smith was arrested and taken to a hospital for a blood draw.

At the hospital, he yelled at the phlebotomist. He said no one could take his blood because it's against his religion and he's afraid of needles, according to the charging papers. Ten people tried to hold Smith down while he kicked and flailed in the hospital room.

"You guys can't get me," Smith said, folding his arms across his chest, as staff tried to strap him down, according to the charges. The trooper told Smith to stop resisting or he'd fire his stun gun at him.

Eventually a doctor decided Smith needed to be sedated or else someone might get hurt.

Smith said he was "allergic to every sedative," the charges say. He was given the drug nonetheless. Twenty or so minutes later, the phlebotomist took a sample of his blood so it could be sent to a crime lab.

Results are pending. Smith is out of jail on $100,000 bond. Calls and email to his lawyer, Mark Kaiman, were not immediately returned.

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Information from: The Bellingham Herald, http://www.bellinghamherald.com