North Fork DUI sheds light on law enforcement limitations

Deputies with the Shoshone County Sheriff’s Office responded to a unique and tragic incident last weekend after receiving a call about a vehicle versus animal accident.

The situation offers a unique perspective on one of the more challenging aspects of law enforcement in Idaho, as well as highlighting a potentially unknown piece of Idaho Code. 

According to SCSO Lieutenant Jared Bilaski, in the early hours of November 26, a drunk driver crashed his vehicle into two horses (one black and one brown) while traveling Coeur d’Alene River Road near milepost 14. 

Upon arrival, the deputy found that one of the horses was deceased, while the other was severely injured – The damaged vehicle was also still at the scene, but the driver was not. 

A female witness told the deputy that the driver was a male with a cut on his head who had a dog with him at which point the deputy realized that he had passed a man walking along the road with a dog as he was responding to the scene. 

The deputy quickly made contact with Gregory Zupan, 63, and returned him to the scene of the accident. 

According to the probable cause affidavit, during the initial contact with Zupan, he told the deputy that he was trying to go home – Zupan also showed several signs of intoxication, including glossy eyes, delayed speech, confusion, as well as a strong odor of alcohol. 

Due to the wound on Zupan’s head, the deputy suspected that he may have a concussion as well. 

Zupan told the deputy that he believed the horses to be a moose. 

Leroy Scott, the caretaker of the horses, witnessed the accident as he and Charles Bush attempted to corral the loose horses. 

Both men said that it didn’t appear that Zupan was speeding, but he also didn’t slow down or try to avoid the accident either.  

After seeing the injuries sustained by the black horse, Scott dispatched the horse at the scene. 

Scott told the deputy that Zupan had asked him to not call the authorities, then tried to start his crashed vehicle and when it wouldn’t start he asked both Scott and Bush for a ride. 

When they declined, he decided to start walking, even though he was told to stay at the scene.

The brown horse sustained severe injuries as well but was able to be corralled – but due to the extent of the injuries sustained, it too needed to be dispatched. 

According to the report, each horse was valued at $10,000. 

Zupan was transported to Shoshone Medical Center to be treated for his injuries but refused to submit to a breathalyzer or blood test to determine his blood alcohol content (BAC) level. 

Zupan was charged with driving under the influence, open container, and leaving the scene of an accident. Because the accident happened outside of the presence of the office, no arrest was made and the charges are all misdemeanors.

Zupan was not taken into police custody, which Bilaski explained is due to a 2019 Idaho Supreme Court ruling in the case of State v. Clarke. In that case, the Court ruled that arresting an individual for a misdemeanor without a warrant is unconstitutional unless the officer witnessed the incident in person.

Shoshone County Sheriff Holly Lindsey was exasperated when asked how the Clarke decision has affected law enforcement’s ability to protect society.

“Warrantless arrests have really been the cornerstone of law enforcement response since I started policing two decades ago,” Lindsey told the News-Press. “As long as law enforcement had probable cause to believe the crime was committed, we could make the arrest. The Clarke decision has essentially handcuffed law enforcement when trying to provide immediate safety for victims and/or society. We can no longer arrest for certain misdemeanor crimes we did not witness, such as domestic violence or DUIs.” 

The domestic violence aspect of Clarke has been a widely discussed topic among law enforcement, prosecutors, and even judges since it was put into effect. 

“Domestic violence rarely happens in public where people can witness it, so the chances of us witnessing the crime is minimal,” Lindsey said. “Basically, without being able to make the arrest, we instead issue a citation, giving the suspect up to 21 days before they ever see a courtroom. I fear that the Clark decision may cause a reluctance in victims to call for help knowing that law enforcement may show up just to issue a citation and leave them alone to suffer more violence.”

There are some cases where the evidence is substantial enough for law enforcement to charge felony domestic violence, make an arrest, and remove the suspected offender from the home, but it must meet certain requirements to be charged as a felony. 

DUI offenses are trickier because they are considered a direct threat to public safety – but even the evidence of an apparent crash and the admission of being the driver isn’t enough to charge a felony unless it meets specific requirements. 

A first offense DUI is a misdemeanor violation with potential jail time and fines.

A second DUI within 10 years is a misdemeanor violation with increased fines and jail time. 

A third DUI within 10 years is a felony with increased fines and jail time. 

These penalties can be enhanced to felonies if BAC is .20% or greater, or even upgraded to aggravated DUI if serious injury to another person caused. 

“The Clarke decision also impacts law enforcement's response with DUIs since we can’t make an arrest for a DUI where we did not witness the person driving,” Lindsey said.

Incidents like this are rare, but they shed light on rules that may be unknown to most people – especially when traversing rural areas outside of unincorporated communities. 

“These particular incidents are unique,” Bilaski told the News-Press. “Although very sad and unfortunate, the state of Idaho has designated itself as an open range state within Idaho Code. There are avenues the animal owners could take in order to potentially claim restitution due to criminal charges being associated with the investigation. The code covers areas outside the cities and classified as rural areas.”

The code that Bilaski cited is Idaho Code 25-2118, which reads, “No person owning, or controlling the possession of, any domestic animal running on open range, shall have the duty to keep such animal off any highway on such range, and shall not be liable for damage to any vehicle or for injury to any person riding therein, caused by a collision between the vehicle and the animal.” 

With North Idaho having a myriad of both domestic and wild animals inhabiting it, Lindsey hopes that people stop taking the risk of potentially harming any living thing by driving under the influence of drugs or alcohol.

“Drunk driving poses a serious threat not only to human safety but also to wildlife and domestic animals,” She said. “Impaired drivers increase the risk of collisions with animals, leading to harm for both parties. Responsible and sober driving is crucial to protect not just ourselves, but the ecosystems we share with wildlife. Stay safe and make it home to enjoy the holiday season.”