Kruse DUI trial is delayed. Will Manatee prosecutors be able to use bodycam footage?
Manatee County Commissioner George Kruse’s DUI trial, which was set to start this week, has been delayed while state prosecutors seek permission to use key video evidence in the case.
According to court documents, prosecutors recently asked for permission to stay the case while they appeal a judge’s decision to bar certain evidence from the trial. The trial was originally set to begin Thursday, but it’s not clear when it will be rescheduled.
The State Attorney’s Office charged Kruse, 47, with a DUI last summer following an April 20 crash in his neighborhood. Kruse told investigators he was heading home before he crashed head-on into a tree on the opposite side of the road, totaling his pickup truck.
However, Kruse was not issued a sobriety test or arrested as part of the investigation.
In January, Acting Manatee County Judge Erika Quartermaine issued a ruling that prevents the state from using certain parts of the body camera footage captured in the moments after the crash. In the video, Kruse appears to slur his words as he answers a deputy’s questions.
Kruse’s attorney argued that the responses provided by the commissioner cannot be used against him because the officer never read Kruse his Miranda rights.
State prosecutors tried to make the case that because Kruse gave conflicting statements, he waived his right against self-incrimination.
In previous interviews with the Bradenton Herald, DUI attorneys said an investigating law enforcement officer must announce when they are switching from a traffic investigation to a criminal investigation.
Citing state law, Quartermaine agreed with Kruse’s lawyer and ordered that Kruse’s statements to the deputy may not be used in court.
However, the state may still provide evidence and testimony about Kruse’s physical appearance, general demeanor, slurred speech and breath scent, according to court documents.
Appeals court to decide on bodycam footage
While prosecutors are still allowed to submit the body camera footage as evidence, Quartermaine said Kruse’s interview portion with the deputy cannot be used.
An appellate judge is expected to make a final decision on whether the interview can be used in the trial.
On Feb. 3, Assistant State Attorney Darlene Ragoonanan filed paperwork to appeal the decision with Florida’s Second District Court of Appeals. According to court documents, the court has not set a date to hear arguments.
If convicted of driving under the influence, Kruse could face up to six months in jail and a fine of up to $1,000 as a first-time offender, according to Florida law.
Kruse is a first-term Republican commissioner. He began his four-year term in the countywide District 7 seat on the Manatee County Commission in November 2020. Kruse has not filed for re-election in the 2024 election cycle.
This story was originally published February 9, 2023 at 3:30 PM.
