Kenny Capell and his co-driver wife were at a weigh station in Georgia when an officer asked for the IDs of both drivers. Capell was in the sleeper getting his federally mandated rest, but woke up and presented the officer with his ID before going back to sleep. Three weeks later it happened again, and Capell, unwilling to jump through the same hoops for the same officer, refused. He was arrested and charged with obstruction of justice. Now, after a year, allegations of police misconduct, internal affairs investigations, and misplaced evidence, all charges against Capell have been dropped.
The path wasn’t easy and all of Capell’s difficulties were compounded by the fact that though he continually requested a trial date for the case, every time a date was scheduled it was soon postponed.
Capell argued that there was no reason for the officer to have required his ID as well as his wife’s since he was asleep and there was no indication that there was even suspicion of a crime.
To prove it, he sent a request to the Department of Public Safety asking for any audio or video available from his arrest. They responded that there wasn’t any evidence to share, despite the fact that the Freedom of Information Act requires that they share evidence with a defendant who requests it.
Of course, the video really did exist and allegations of police misconduct caused Internal Affairs to launch an investigation of the officers who were involved in the arrest and withholding the video evidence.
Thankfully, after a year-long headache, the debacle is finally over.
Next Story: Carrier Bookkeeper Steals $3.5M
Source: overdrive, pressreleaserocket
Chatli says
Just disgusting!!!!!!
Don says
The government is not on a truck driver’s side. Ask anyone who drove a big rig.
Mike Blanche says
Strange how the article doesn’t seem to mention the weigh station, or even the state this happened it.
Cliff Downing says
That was intentional neglect.
David Massey says
It happened in Georgia, per the first sentence in the article.
What’s missing from the article is the status of the GA DPS IA investigation.
Also, a “File Image” or “Stock Photo” caption under the stock photo is (or at least should be) SOP when using that type of image in a news article.
Salty Lad says
“Weigh Station in Georgia”. First paragraph.
Anthony Sanders says
Kenny,
I am terribly sorry this has happened to you. I am happy for your recent victory in court. The time spent having to worry about what will happen next was a pain (I am certain of this). I hope that you are able to seek compensation for your wrongful arrest as well as time lost. As a former Deputy Sheriff myself, I truly wish you the best in the future.
I believe there is a lot to learn from this when it comes to drivers sleep. 1.) Do not interrupt unless there is a true emergency. 2.) When ever in doubt…refer back to rule 1.
George says
About time someone got some justice against some power trippin fool who gives all law men a bad name. I’m sure other cops were glad he got busted also.
Dan says
You know this expands to shippers/receivers also. No one should be allowed to interrupt sleeper berth time. I have friends who, whenever delivering to Boeing, both have to exit the truck.
I am glad this driver had the fortitude to see this through.
Robert says
Outrageous are they going to pay him for loss of income? Some of these guys are over the top. I have been held for hours at the i20 west Georgia scale house while these jerks wrote tickets for other drivers. Both times I had a load under 15000 pounds and raised hell with them both times. I was legal why hold me up. I felt like I was beig kidnapped.
Robert says
So what was the punishment given to the officers?
Don says
They should be sentenced to working as truck drivers the rest of their lives.
Matt says
I hope they sue the CARP, oops, the CRAP out of the state of Georgia. I live here. There’s more than just a little bit of monkey business going on at those weigh stations….
Shoshi says
Why did he drive to the same weight station always ? Or somewhere else overnight ? They could have avoided all that.
troy says
Cookooo cookooo
Jude Ossowski says
Maybe they’re on a dedicated run and that station is along the route they get paid to take. I got to know a few weigh master over the years I hauled auto parts on a dedicated run between Michigan and Virginia.
Old Guy says
Drive 10 yard (way over weight) concrete trucks in Illinois. Ozinga redi- mix does it all the time and they budget for the fines expecting it to be just business as usual.(wink wink) . But this poor guys just trying to get some rest and they try to railroad him ? WTF ?
Angela Goodwin says
Capell should be paid for any loss of work, any repercussions that came from the loss of income and incarceration, and for mental anguish. The officer should be fired without severance. If you do not know the laws, don’t be a cop. Simple. Any respectful officer would have known not to wake a driver in the sleeper berth, it forces them to restart their 10 hour break.
Douglas Kirk says
Anybody remember what used to happen on Tennessee? They searched trucks for no reason and if you objected you would be handcuffed to the truck while the search was conducted anyway. That led to some officials doing jail time and the disbanding of the agency. I think corruption is deeply imbedded in the South. Always has been.
allen smith says
It’s been quite a ride for Kenny this past year, he has kept in touch every step of them way since he was first on our show ( AskTheTrucker ‘live’) back in August of 2014.
He recently came back on the show a couple of days after he received notice that his case had been dismissed and went over a lot of the details of the incident and the last year.
You can listen to the Replay ” Trucking Open Forum Highlights “Obstruction of Justice”
http://www.blogtalkradio.com/truthabouttrucking/2015/02/26/trucking-open-forum-highlights-obstruction-of-justice
Kenny Capell says
http://www.blogtalkradio.com/truthabouttrucking/2015/02/26/trucking-open-forum-highlights-obstruction-of-justice I would like to say thanks for your kind article and sharing my story. Can’t seem to have any luck with a Loyer that wants to help me out on contingency. Check out the final chapter 6 of that Hobbs Act let me know what you think please. Thank Kenny Capell 😉
DaveT says
Truckers should turn off their phones during their 10 hour break, and DOT needs to assess a serious penalty for anyone who disturbs them during that time like paying the trucker $1,000 for each occurrence.
Jude Ossowski says
I worked for a company that liked to call drivers during their break and give them their next dispatch. They called me once and I said I had to restart my ten hour break because they had disrupted it with their call. I had already had about six hours done but restarted it anyway. I never got bothered on break again.
Jerry says
Absurd! 3 times I have been woken up by DOT officials and all 3 times in New York State. While sleeping at a rest area, I was awoken by the DOT to move my truck to different parking spaces because they “needed” mine to conduct their inspections. There is no respect for the truckers sleep even from the people who mandate it. I hope Kenny sues the hell out of Georgia, as having the charges dropped is no victory.
Jamard says
These cops are out of control…
troy says
I got stopped in Georgia for a random paper work inspection.. The black power tripping women told me come inside and take a seat…After sitting there for 15 minutes i asked her if she had everything she needed because she didnt even a knowledge i was there.. she said you need to sit there and be quiet until im ready to talk to you I ask the questions. . Oh shit well you can tell how that went
. So after about an hour i was out the door with obscure meaningless log violation.. During all that she had her lap top out watching youtube videos about god and screaming holy jesus holy god forgive my unrighteousness for my past sexual misdeeds.. ha ha I called the head of the scale house and the top guy said he would investigate this one himself..
troy says
I think the only reason i got out with a minor violation was when she started screaming holy god holy jesus about the third time i started rocking back and for in my chair yelling o god i think im having a visit from the holy ghost… she got so excited she damned near jumped over the counter to put her hands on my head.. wow you cant make this shit up.
Wayne W says
It’s either the one in Ringgold or Lavonia…those are the ones I often have issues with
Kenny Capell says
It was Ringgold GA The I 75 North Bound night shift. Chapter 6 of the Hobbs. Acthttps://www.law.cornell.edu/uscode/text/18/1951 This is a good thing to know.
Tim says
Wow! That’s one brave law dog. I’m glad officers like this one are around to go after the hardcore criminals.