[UPDATED with Stiffer Sentence:] Ex-Deputy Allan James Waters Guilty of Causing Crashes While Hopped Up on Pills
The 37-year-old Laguna Niguel resident had been looking at a maximum sentence of 16 months in prison, but Orange County Superior Court Judge Frank Fasel withdrew that penalty after Waters appeared before him June 10 with booze on his breath.
UPDATE, JUNE 14, 1:18 P.M.: Former Orange County sheriff's deputy Allan James Waters will not face additional counts after authorities suspected him of being drunk at his scheduled sentencing on charges of causing an injury accident while driving under the influence of prescription drugs.
Though the bailiff says he smelled alcohol on Waters' breath Friday and the judge postponed sentencing to consider new charges, the prosecution now says there is insufficient evidence to pursue additional penalties.
Deputy District Attorney Brock Zimmon reportedly says Waters was not intoxicated to the point of being legally considered drunk in public and a safety threat to others.
Waters is now due back in court for sentencing on the original charges to which he previously pleaded guilty.
UPDATE, JUNE 10, 3:33 P.M.: Just when you thought the case against Allan James Waters could not get any more bizarre, the former Orange County sheriff's deputy allegedly showed up to his sentencing in Santa Ana today drunk as a skunk.
Keep in mind that Waters pleaded guilty in April to driving under the influence of prescription drugs while off-duty, crashing his Mercedes into a Lexus and, about an hour later, a Toyota, injuring a 78-year-old woman. Investigators later determined that get his meds, Waters repeatedly switched doctors, falsified documents and once traded fake cocaine for black market pills.
A condition of Waters' release on $100,000 bail was that he not consume alcohol.
A court bailiff informed prosecutors that Waters' breath smelled of alcohol when he showed up at court today, and Deputy District Attorney Brock Zimmon used that as his basis to ask Orange County Superior Court Judge Frank Fasel to increase the 37-year-old Laguna Niguel resident's bail. Fasel upped it to $250,000, postponed sentencing on the counts Waters already pleaded guilty to, and set a Wednesday hearing to consider new charges based on the courtroom appearance. Waters is already looking at up to 15 years and four months in the clink.
No wonder he needed a drink.
UPDATE, APRIL 7, 3:15 P.M.: Orange County sheriff's deputy Allan James Waters, 37, of Laguna Niguel, pleaded guilty today to driving under the influence of prescription drugs while off-duty and crashing into and injuring a 78-year-old woman.
Waters, who collected a mountain of medication by falsifying information, repeatedly switching doctors and even trading a substance he claimed was cocaine to a pusher for pills, could get up to 15 years and four months in state prison at his June 10 sentencing hearing in Santa Ana.
He pleaded guilty today to one felony count of driving under the influence causing bodily injury, two felony counts of selling a substance in lieu of cocaine, nine felony counts of obtaining a controlled substance by fraud, and a sentencing enhancement for causing great bodily injury to an elder.
Allan James Waters is now further accused of illegally obtaining prescription pills by providing false information and repeatedly switching doctors.
He was under the influence of prescription drugs at the time of the March crashes, according to prosecutors who later claimed an investigation discovered Waters exchanged money and fake cocaine for Opana and Oxycontin.
"On nine occasions between March 2009 and March 2010, Waters is accused of going to eight different doctors to obtain prescription drugs Opana and Oxycodone," reads the new statement. "He is accused of giving the doctors false stories in order to illegally obtain the drugs. When one doctor would stop providing a prescription for the defendant, Waters is accused of moving on to a new doctor."
The full statement from the Orange County District Attorney's Office follows after the break . . .
November 1, 2010
OCSD DEPUTY CHARGED WITH ILLEGALLY OBTAINING PRESCRIPTION PILLS BY PROVIDING FALSE INFORMATION AND REPEATEDLY SWITCHING DOCTORS
*Defendant was previously charged with injuring 78-year-old in prescription drug DUI crash and using fake cocaine to buy prescription drugs
SANTA ANA - Additional charges were filed Oct. 29, 2010, against an off-duty Orange County Sheriff's deputy for illegally obtaining prescription pills by providing false information and repeatedly switching doctors. The defendant was previously charged in this case on June 9, 2010, for injuring a 78-year-old woman after crashing into her car while driving under the influence of prescription drugs and using fake cocaine to purchase prescription drugs.
Allan James Waters, 37, Laguna Niguel, is charged with one felony count of driving under the influence causing bodily injury, two felony counts of selling a substance in lieu of cocaine, nine felony counts of obtaining a controlled substance by fraud, and a sentencing enhancement for causing great bodily injury to an elder. If convicted, he faces a maximum sentence of 13 years and four months in state prison. Waters is out of custody on $100,000 bail and is scheduled for a pre-trial hearing Dec. 17, 2010, at 9:00 a.m. in Department C-55, Central Justice Center, Santa Ana.
Prescription Drug Charges
On nine occasions between March 2009 and March 2010, Waters is accused of going to eight different doctors to obtain prescription drugs Opana and Oxycodone. He is accused of giving the doctors false stories in order to illegally obtain the drugs. When one doctor would stop providing a prescription for the defendant, Waters is accused of moving on to a new doctor.
Driving Under the Influence Causing Injury Charge
At approximately 4:45 p.m. on March 1, 2010, Waters is accused of driving southbound on Golden Lantern Street in Dana Point. He is accused of failing to stop and crashing into the back of a vehicle that had stopped at a red light in front of him. Deputies from the Orange County Sheriff's Department (OCSD) responded to the scene and released Waters and the other driver approximately 30 minutes later after taking a report of the incident. The responding deputies were aware that Waters was an OCSD employee.
At approximately 5:20 p.m., seven minutes after leaving the scene of the first crash, Waters is accused of driving northbound on Golden Lantern Street. He is accused of driving erratically including failing to accelerate at a green light, stopping partially in an intersection on a red light, and almost crashing into a passing motorist. Multiple drivers called 911 to report his driving.
Waters is accused of swerving and hitting the curb before over-correcting and swerving to his left. He is accused of crossing over the middle lane and crashing into a vehicle driving in the far left lane. The victim's vehicle was forced over a planter onto the wrong side of the road, where it came to a stop facing northbound in the southbound lanes.
The defendant is accused of driving forward for a short distance before coming to a stop. OCSD deputies arrived at the scene and contacted the California Highway Patrol (CHP) to investigate. CHP officers contacted Waters at the scene. The defendant is accused of displaying objective signs of drug intoxication including slurred speech, a lack of balance, and trouble following directions. Waters is accused of being impaired while driving and under the influence of prescription drugs Zolpidem and Hydrocodone. He was arrested at the scene. He was later released pending further investigation.
The driver of the victim's car sustained minor injuries. The passenger in that vehicle, a 78-year-old woman, was transported to the hospital and sustained injuries to her back, for which she later had surgery.
Original Drug Charges
During the driving under the influence investigation, detectives also began investigating Waters for drug-related charges. On April 15, 2010 and April 30, 2010, Waters is accused of meeting a friend after arranging to receive Opana and Oxycontin from her in exchange for money and cocaine. He is accused of providing the friend with a fake white powdery substance under the false pretense that it was cocaine.
OCSD arrested Waters June 9, 2010. The driving under the influence case was investigated by CHP and the drug cases were investigated by OCSD.
Deputy District Attorney Brock Zimmon of the Special Prosecutions Unit is prosecuting this case.