Tahlequah Daily Press

February 14, 2013

Ohio man sentenced in plea deal

By JOSH NEWTON
Staff Writer

TAHLEQUAH — An Ohio man was given a 10-year sentence Wednesday after accepting a plea agreement with prosecutors.

Roger Kimbrell, 40, was charged in December with transferring bodily fluids on a police officer, driving under the influence, attempting to elude, resisting an officer, open container beer, and driving under suspension.

Kimbrell pleaded guilty to the first two charges and was given six years in prison, to be followed by four years of probation. The last four charges were dismissed with the plea.

Kimbrell explained to District Judge Darrell Shepherd on Wednesday a few details of his arrest last November, when he was pulled over by Tahlequah police officers.

According to Tahlequah Patrolman Cory Keele’s probable-cause affidavit, Kimbrell was driving a vehicle south in the northbound lane of Muskogee Avenue. Keele tried to stop Kimbrell, but the suspect allegedly sped up and turned into a motel parking lot, then pulled into a parking space.

Keele said Kimbrell got out of the vehicle, was placed into handcuffs, and became angry at the officer. Kimbrell allegedly asked the officer what county he was in, and told him he lived in Durant. When Keele told Kimbrell he was in Cherokee County, Kimbrell again became “upset,” and started asking what he’d done wrong.

Court records list an Avon Lake, Ohio, address for Kimbrell.

Kimbrell smelled of alcohol, had slurred speech, and cursed officers when they tried explaining sobriety tests to him last November, according to Keele.

Officers learned Kimbrell had a suspended driver’s license and previous convictions for DUI and having a suspended license.

Keele said he attempted to explain the implied-consent test to Kimbrell, but Kimbrell talked over him the entire time.

“Blah, blah, blah, f--- you, give me water,” Kimbrell told Keele, according to Keele’s report.

Keele said Kimbrell also had an open container of beer in the passenger-side floor board.

He was later transported to the Cherokee County Detention Center to be booked in, and allegedly spat on a Tahlequah officer from the back seat of a patrol car before he was escorted into jail.