By Garth O'Brien | April 6, 2008
Filed Under DUI News
Corvallis, Oregon. In November, we wrote about Officer Dave Cox of the Corvallis Police Department resigning after arresting his fourth innocent DUI suspect. Cox developed an uncanny ability to arrest sober citizens for driving under the influence. Legally speaking, this is not a good idea because in order for a prosecutor to actually criminally charge a citizen they must have evidence of a crime. Arresting sober individuals for DUI provides a massive obstacle for the prosecutor to overcome.
The last to be arrested was Brian Noakes, 23, in June 2007. Noakes alleges Corvallis was negligent in supervising Cox. Dan Rayfield is representing Noakes in suing the city. Unlike Cox in his DUI arrests, Rayfield has evidence to support his case. Before the Noakes arrest Cox nabbed three other innocent people over a two year span:
- Joshua Sauter – March 2004
- Eric Stavale – August 2004
- Carl Feher – June 2006
Corvallis has settled with Sauter for $2,500 and Stavale for $3,000. Feher has not engaged the city, but has retained Dan Rayfield.