Superior Court of the District of Columbia CRIMINAL DIVISION THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA INFORMS THE COURT THAT WITHIN THE DISTRICT OF COLUMBIA: MCPHEE, HEATHER NAME _MARIE. PDID# _700538 DOB 9970 SEX _Female ADDRESS WASHINGTON, DC PERMIT # ARREST # _521718835__ C]DCTN# _DcPS116%3__ TAG# onorabout _May 18, 2017 at _300 MARYLAND AVENUE NE, WASHINGTON, DC DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A DRUG: did operate or was in physical control of any vehicle in the District: (1) while intoxicated; or (2) while under the influence of alcohol or drug or any ation thereof in violation of D.C. Code § 50-2206.11 (2013), for which a penalty is provided in D.C. Code § 50-2206.13, D.C. Code § 50-2206.17, and D.C. Code § 50-2206.18 (2013) OPERATING A VEHICLE WHILE IMPAIRED: did operate or was in physical control of any vehicle in the District while impaired by the consumption of alcohol or any drug or any combination thereof in violation of D.C. Code § 50-2206.14 (2013), for which a penalty is provided in D.C. Code § 50-2206.15 (2013). DATE _May 25, 2017 — Tennifer Friend-Kelly Assistant Attomey General District of Columbia COURT DATE _5/31/2017 REPORTED BY _JAY SCHMID DIST# _USCP. BADGE #: _5647 COL. Citation Release LOCKUP # _0 WARRANT cn O Hagwat [] ov OSUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CCN #: 17083045 Arrest Number: 521718835 GERSTEIN AFFIDAVIT District of Columbia vs MCPHEE, HEATHER MARIE oy Officer SCHMID, JAY, CAD# 05647, personally appeared on 05/18/2017 and under penalty for making false statement, setforth the below statement regarding the named defendant as true and/or as based upon information fhe Believes to be tre, and thatthe events occurred in the District of Columbia, ‘The event occurred on 05/17/2017 at approximately (CEN # 170518001913, _The following events occurred on Wednesday May 17" 2017 at approx. 1132hrs in Washington DC First District at the intersection of 1 and Constitution Avenue NW. Reporting Officer RO Jay L Schmid (#5647) observed a dark green Saturn bearing DC Tag # BR7157 with ts driver's tallight out traveling westbound on Constitution Avenue. RO followed the vehicle as it traveled westbound on Constitution Avenue. RO observed the vehicle following too closely to vehicle in front of it as it entered the unit block of Constitution Avenue NE and continued into the 100 Block ‘of Constitution Avenue NE. RO observed the vehicle bear left (EB) onto Maryland Avenue NE. RO initiated a traffic stop asthe vehicle crossed over the 200 Block of Maryland avenue into the 300 Block. The vehicle abruptly stopped in the intersection of 3% Street and Maryland Avenue NE, and then pulled over onto the southbound curb ofthe 300 Black of Maryland Avenue NE. RO observed the Def (WePhee, Heather Marie) later identified via US Passport # 490091930 in the driver’s seat with the keys inthe ignition. RO inquired to the Def where she was traveling from. Def stated she was leaving her place of work, the NFLPA Offices in the 1100 block of 20 Street NW. Def stated she was ‘working all night on a case and was headed home, Def stated "I LITERALLY live around the corner." RO asked for the Def's license, registration and Proof of Insurance. The def stated that she had her purse stolen with her license in it wo days ago and did not have a license, The def stated she did not report the robbery fo any police agency in the District of Columbia. The Def produced a US Passport, an expired reglstration and a pil of papers from her glove compartment. RO asked for a valid registration and proof of insurance a second time. The Def took the papers back sand found her valid registration and proof of insurance. RO inquired ifthe Def had consumed any alcohol. The Def stated she had a glass of wine with dinner at Honeysuckle restaurant, RO returned tothe driver's side window of the Def's vehicle and asked for social security number. Def gave her social security number to RO. Def stated "my father’ ‘very proud of you. RO asked the Def is she was ok. The Def responded that she was fine. Assisting Officer Seth ‘Carll ¥5372 approached from the passenger side. AO Carll observed the Def's demeanor a3 talkative and excited as she spoke to RO Schmid. AO Carll re- approached from the driver's side and introduced bimself tothe Def. The Det ‘had a business card in her outstretched left hand and gave it to AO Carll. AO Carll instructed the Def to exit the car, ‘The Def climbed out of the car by placing both hands on the steering wheel and pulling herself out of the seat. The Def swayed after exiting the car and faced AO Carll. The Def used her left hand to support herself on the passenger side window as she walked around the car. The Def walked in an unsteady manner from the car to the sidewalk. The Def stood directy infront of AO Carll. The Def said she broke her right femur last year and had back pain. The Def sald she takes Advil for the pain, but does not take any other medications. AO Carll asked the Def when ahe started drinking and the Def stated "I don’t sce how that has anything to do with anything.” The Def sald she got off work. ‘and went to dinner with a friend. The Def sald she had a glass of wine with dinner. The Def sald "I’m a lawyer and I don’t see what this has fo do with «taillight out." The Def swayed in a circular manner ax she spoke to AO Carll. ‘The Def's speech was slurred. The Def was agitated, AO Carll smelled s faint odor of an alcoholic beverage emitting from the Def's breath. The Def's speech was repetitive. The Def consented to Standardized Fleld Sobriety Tests performed and demonstrated by AO Carl. During HGN, the Def showed lack of smoath pursult in both eyes and istinct and sustained nystagmus at maximum deviation in both eyes. The Def was instructed not to turn her head 4 times. The Def was instructed to follow the pen 3udditional times. The Def chanted "I’m following with my left eye" " T'm following with my right eye.” The Def was carefree and laughing during the test. The Def was wearing heels and ‘was given the opportunity to remove her heels for the Walk and Turn test which she did. On the Walk and Turn, the Def broke feet apart and started too soon in the instructional stage. Inthe walling stage, inthe fist half, the Def stopped while walking on steps 1, 4, and 7, missed heel to toe on steps 1 and 4, miscounted and took Just 7 steps, and made an improper turn by spinning off her front foot. After turning, the Def staggered tothe left2 steps and exclaimed "oh.” In the second half, the Def stopped while walking on step 1, missed heel to toe on steps 6-9, and at 300 MARYLAND AVENUE NE, WASHINGTON, DC 20002 Pe tof?stepped offline on step 9. The Def stated she had understood the directions to the test. On the One Leg Stand, the Def did not raise her foot as demonstrated and did not count in the 1000 manner instructed. The Def swayed, ralsed arms, and put her foot down at 9. The Def did not attempt to complete the rest of the test because she argued about how ____| many inches she had to raise her foot off the ground. The Def stated she had understood the directions to the test. AO 1¢ Def to place her hands behind her back, RO began to pat handcuffs on the Def and the Def shoved her arms down and straightened them out in an attempt to stop the arrest. RO and AO Carll informed the Def not to fight and to put her hands behind her back and obey the commands she was being given. The Def began to yell "NOOO" and "for a taillight REALLY" and turned and faced RO and ‘AO Carll. RO placed one handcuff on the Def and she continued to yell. The Def continually yelled "REALLY DUDE "and attempted to walk away from the location of arrest. RO then gained control ofthe Def's right arm and placed both hands in handcuffs. With many clues of impairment, the Def was placed under arrest and taken to 119 D St NE {for processing. The Def was read her rights and the DC Implied Consent Act. The Def consented to breath testing. ‘The final result was 118, The Def's vehicle was towed by A-n-A towing to 1913 Bladensburg Rd NE. Carll informed RO that the Def was impaired. RO a1 JAY (08/18/2017) E-SIGNATURE, POLLAK, FRANCIS / 05031 (05/1872017) E-SIGNATURE. Fotce Oftcor ‘Witness Assistant Atorney Genel forthe Dsvst of Colanbia POLLAK, FRANCIS 05031 "isted Name of Wines 7 “Te foregoing statement wa ad unde penal frail poscton ad pnshent fis sents punto D.C. Code 22405 Pe dof?SUPERIOR COTRT OF THE DISTRICT OF COLLMBIA (riminal Division Notice to Appear in Court or Post and Forfeit Dstt and Any Other aw Enforcement Agency Arest within 7h Ds and USP/USCRISS pre Fa) T1h35- | Fropsoks— | 00s3y [S-y-2720 eel Ia PA styz FA) TR ener are a MMe Busts a You Have Seen Aestad for the folowing eat art oe Vy oa : eS You were arrested on bench waront sued by 20. Superior Court ude because you ov aeatunbn, stolen hve NW, Wotan, 0€ orteOxTeand_ | edt ape ina cial ce You mat eet ourvom 1 S00 Ia a Washington, 2.6-0n5— ope ont one et ae £ a? : courtroom 336 x2a0am, ‘have pid the bond set hy the Court. | promise twappear onthe date and time above. under ‘and that alto appear, 2 bench warrant ‘may be issued for my arrest. also understand CO owes omet ‘hat if fat appear, maybe charge with 2 ‘minal offense that may rest in fe, 30am, Incourroom cso | Monet or both am conte of allng oa "a ‘wappese. [Ly vs ae one enees ___________#t 9:00 am. jncourroom 118 aa 9¢ BRUM. Io Courtroom C10 Wo ere areted ona bench warrant for fig to appear for OC Superior Court ary You wil be released today to reportto the D.C. Superior Cour, Reom 3130 [The | | acknowledge receipt ofthis Notice to Appear promise to appear on the date Haro office, 500 indian Ave, MW, Washington ©. on miroir. den af pe obec met issued Yor my ares. also understand that fall t appear may be ee ors Shred wth cna offense that may result inafieImproonmert, or owe both am contd of fling t ape. promise to appear onthe date and ime above. lundarstand that 1 fallto appear = SEUELZ Yoorch wren ry bested ory ae. nna undertand tat a8 sper | iene ‘ome be charged with a criminal offense that may resuk in a fe, imgizonment or bath am convicted of aling to appe3r, y San | gu | scknowedge that! have receved and read the Notice To Aresed Persons and shave chosen to pay and fortlt the coliataral (money) amount set for the ae charges) | understand that am waiving my right toa Court hearing when | pay andforfelt the amount st forthe charges). ‘Bete read Pn pa aaa "ATTENTION ALL ARRESTED PERSONS iss apap Bi us ithe Superior Courts loved du to an emergency You SYD Weer ‘must return to Court on the next business day at 9 a.m.Superior Court of the District of Columbia CRIMINAL DIVISION THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA INFORMS THE COURT THAT WITHIN THE DISTRICT OF COLUMBIA: MCPHEE, HEATHER NAME _MARIE Pbip# _700538 pos $9MB970_ SEX Female ADDRESS: See wi 4 s10.c70N, DC PERMIT # ARREST# 521718835 __ []DCTN# _DcPSt1623__ TAG# onor about _May 18, 2017 at _300 MARYLAND AVENUE NE, WASHINGTON, DC DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A DRUG: did operate or was in physical control of any vehicle in the District: (1) while intoxicated; or (2) while under the influence of alcohol or drug or any combination thereof in violation of D.C, Code § 50-2206.11 (2013), for which a penalty is provided in D.C. Code § 50-2206,13, D.C. Code § 50-2206.17, and D.C, Code § 50-2206.18 (2013), OPERATING A VEHICLE WHILE IMPAIRED: did operate or was in physical control of any vehicle in the District while impaired by the consumption of alcohol or any drug or any combination thereof in violation of D.C. Code § 50-2206. 14 (2013), for which a penalty is provided in D.C. Code § 50-2206.15 (2013). DATE _May 25, 2017 = Jennifer Friend Kelly Assistant Attomey General District of Columbia COURT DATE _5/31/2017 REPORTED BY _JAY SCHMID DIST# _USCP BADGE#: _5647 COL. Citation Release LOCKUP # _0 WARRANT oo O namvar ow OSUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CCN #: 17083045 Arrest Number: 521718835 GERSTEIN AFFIDAVIT District of Columbia vs MCPHEE, HEATHER MARIE Officer SCHMID, JAY, CAD# 05647, personally appeared on 05/18/2017 and under penalty for making false statement, et forth the below statement regarding the named defendant as true and/or as based upon information s/he tobe true, and thatthe events occurred in the District of Columt ‘The event occurred on 05/17/2017 at approximately 23:32 at 300 MARYLAND AVENUE NE, WASHINGTON, DC 20002 ‘CEN # 170518001913, The following events occurred on 1792017 at approx. 1132hrs in Washington DC First District ‘the intersection of 1" and Constitution Avenue NW. Reporting Officer RO Jay L Schmid (#5647) observed a dark green Saturn bearing DC Tag # BR7(S7 with ts drivers tllight oot traveling westbound on Constitution Avenue. RRO followed the vehicle as it traveled westbound on Constitution Avenue, RO observed the vebclefllowing loo Clotly to vehicle In front of it a entered the unt block of Constitution Avenue NE and continued into the 100 Block f Constitution Avenue NE. RO observed the vehicle bear left CEB) onto Maryland Aveave NE. RO laldated a trae stop as the vehicle crossed over the 200 Block of Maryland avenue into the 300 Block. The vehicle abruptly stopped in the Intersection of 3" Street and Maryland Avenue NE, and then pulled over onte the southbound curb of the 300 Block of Maryland Avenue NE. RO observed the Def (McPhee, Heather Marie) later identified via US Passport # 490091930 inthe driver's seat with the keys inthe lation, RO inquired to the Def where she was traveling trom. Det ‘stated she was leaving her place of work, the NFLPA Offices in the 1100 block of 20" Street NW. Def stated she was trorking al night on a case and was headed home, Def stated "{ LITERALLY live around the corner." RO atked for the Def Icense, relation and Proof of Insurance. The def stated that she had her parse stolen with her Heense in itt days ago and didnot havea Hcense. The def stated she didnot report the robbery fo any police agency in he District of Columbia. The Def produced a US Passport, an expired registration and a pile of papers from her glove compartment. RO asked fora valid reglatration and proof of inrarance a second Une. The De took the papers back tnd found ber valid registration and proof of invurance. RO inquired ifthe Det had consumed any alcohol The Def Stated she had » glass of wine with dinar at Honeysuckle restaurant, RO returned tthe driver's side window ofthe Des vehicle and asked for socal security number. Def gave her sockal security number to RO, Def slated "ny father s very proud of you". RO asked the Deft she was ok. The De rexponded that she wat fine. Assisting Oficer Seth Carll #5372 approached from the patsengersde. AO Carll observed the De's demeanor as talkative and excited as the spoke fo RO Schmid. AO Carll re-approached from the driver's side and introduced hinsel to the Det. The Def hed a business card in her outstretched left hand and gave lt to AO Carl AO Carl instructed the Def to ext the car. ‘The De ellenbed out ofthe car by placing both hands om the steering wheel and pun herself ot of the seat The Def swayed after exting the car and faced AO Carll The Def used her lft hand to support herself onthe passenger side window as abe walked around the ear. The Def walled In an unsteady manner fram the cat tothe sldewalk. The Def stood directy In front of AO Carll The De sald she bros her right femur lat year and had back pala The Def sald she takes Advil fr the pain, but doesnot take any other mediation. AO Carll asked the Def when she tated drinking and the Def stated "I don’t see how that has anything to do with anything." The Def said she got off work tnd went to dinner with a friend. The Def sald she hada glass of wine with dlaner The Def sald "P'm a lawyer and I don’t se what this has to do wih tal light out." The Def swayed ina clrcalar manner asthe mpoke to AO Carl. The Des speech was slurred. The Def was agitated. AO Carl smelled a flat odor ofan alchlle Beverage emiting from the Des breath, The Des speech was repetitive The Def consented to Standardized Field Sobriety Tess performed and demonstrated by AO Carll. During HGN, the Def showed lack of smooth pursuit in both eyes and Aistnce and sustained aystagmes at maximum deviation in both eyes. The Def was lastructed not fo turn her head 4 times. The Def was instructed to follow the pen Saddtional times The Def chanted “I'm following with my left eye” " T'm following with my right eye." The Def was carefree and leughing dering the tet. The Def was wearing heels and ‘was given the opportunkty to remove her heck forthe Walk and Turn test which she did nthe Walk and Tre, the ‘Def broke feet apart and started too soon in the instructional stage. In the walking stage, in the first half, the Def Stopped while walking ou steps 1, 4 and 7, missed hel to foc on sepe1 and 4 miscownted and took [art steps and tuade an improper tura by spinning off her froot fot. After turning, the Def staggered tothe left 2 steps and trclimed "oh" Inthe second hal the Def stopped wale walking on step 1, missed heel ote on steps 69, and Pet of?stepped offiine on step 9. The Def stated she had understood the directions tothe test. Om the One Leg Stand, the Def id not raise her fot as demonstrated and did not count in the 1000 manner instructed. The Def swayed, raised arms, ‘and pat her foot down at 9. The Def did not attempt to complete the reat ofthe test because she argued about how ‘many inches she had to ral her foot off the ground. The Def stated she had understood the directions to the test. AO Carll informed RO that the Def was impaired. RO asked the Def to place her hands behind her back. RO began to pot handcuffs on the Def and the Def shoved her arms down and straightened them out in an attempt to stop the arrest. RO and AO Carll informed the Def not to fight and ¢o put her hands behind her back and obey the commands she was being given. The Def began to yell "NOOO" and "for a tal ight REALLY" and turned and faced RO and AO Carll. RO placed one handcuff on the Def and she continued to yel. The Def continually yeled "REALLY DUDE ‘and attempted to walk away from the location of arrest. RO then gained control of the Des right arm and placed both hands in handcuffs. With many clues of impairment, the Def was placed under arrest and taken to 119 D St NE for processing, The Def was read her rights and the DC Implied Consent Act. The Def consented to breath testing. ‘The final result was .118. The Def's vehicle was towed by A-u-A towing to 1913 Bladensburg Rd NE. SCHMID, JAY (0S/18/2017) E-SIGNATURE POLLAK, FRANCIS / 05031 (05/18/2017) E-SIGNATURE Police Offocr Witness / Assistant Attorney Genera forthe Disat of Colaba SCHMID, SAY / 5647 / 05647 POLLAK, FRANCIS / 05031 ‘ted Nome Budget CADE it Na oF Wi ere Pe. 2of?SUPERIOR COURT OF THE DISTRICT OF COLLMBIA (Criminal Division Notice to Appear in Court or Post and Forfeit ___2h blstit and Any Other Lan Enforcement Agency Aces within 7th Dict nd usPe/UsCR/ss | es 5a) PSS |™ Fropsops— | eee ID Arey7 FA) TB aaa Beale ‘ae You wre resid ov bench warrantied by 4. Superior aut udge fled to appear in a xin cave, You mut report to Courtroom C10, 500 Inara Ave. "have pid the bond sat hy the Curt. promise toappear onthe date and time above. nder- ‘and that fall to appear, a bench warrant ‘may be sued for my arrest also understand {hati fat appear, [maybe charged witha [meres ore st 930m, incourroomc-10 [Oy vs moonccnmes at _2:90_a,m.jncourtroom 116, eed reed a bench warrant fo fllngto ape fr Superior Ct ce. You willbe release today to report tothe 0 Superior Court Room 330 [The rors Ofc] S00 Indiana Ave, RW, Washington, OC, on | sctnowiedge receipt ofthis Notice to Appear. promise to appear onthe date and me indicated above. understand tat ffl to appear, bench warrant ray be tesved for my ares. alzo undertandthatiffallto appear maybe charge with a criminal offense that may rest ina ine, impsonment, or both am contd of fang to appear. shave chosen to pay andfofelt he cotatera (money amount set forthe erage) understand hat! am waving my ight oa Court hearing when | pay and forfeit the amount se for the chara). a Te E- a ‘ATTENTION, sTED PEF ~ lf the Superior Court Is closed due to an emergency, you ‘must return to Court on the next business day at 9 a.m.