Man killed in wreck had earlier contact with police
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TweetOne of the two men who died in a motorcycle wreck at 2.5 Mile Lutak Road this week had been pulled over by police hours earlier for driving a motorcycle on newly paved road closed off to the public with an open beer in his hand. He was let go after police said they didn’t have probable cause to conduct a field sobriety test.
Two witnesses patronizing Geno’s Fish and Chips told the CVN they saw one of those men, Bernie Lopez, a 54-year-old SECON roadworker, holding a beer can outside the food stand. Both said he drove away with a beer in his hand while driving a motorcycle.
One witness, who asked to remain anonymous, said she saw the man drive into Geno’s and that he appeared intoxicated and was holding an open beer can that he was drinking from. She said other patrons were commenting that he appeared drunk and warned him that a police officer was nearby. She watched him pull away on his motorcycle at around 9 p.m. and throw his beer can onto the ground after police officer Adam Patterson flashed his lights to pull him over.
“When the officer got out of the car he walked straight toward the grass and picked up the beer can. You could tell from (Lopez’s) driving he was intoxicated,” the witness told the CVN. “He talked to him and let him go and drive away. Everyone watching was astonished he was allowed to drive away.”
Police chief Heath Scott confirmed Patterson’s contact with Lopez and another man driving a four- wheeler, but said Patterson didn’t have probable cause to conduct a sobriety test. “(Lopez) at the time did have an alcoholic beverage with him. Adam asked him to pour it out. The guy did so. Based on the officer’s contact, the individuals were not intoxicated and they were allowed to leave. Based on his stop and his investigation there was no probable cause to believe he was intoxicated.”
“What I don’t want people to assume is by Adam (Patterson) not doing something it caused a fatality. It’s not supported in the investigation at this time,” Scott said. “We don’t know when the accident occurred.”
Scott said, based on witness statements, the men returned to a party “somewhere in the vicinity of the Eagle’s Nest” after Patterson stopped them. Scott said he’s unsure when Lopez left the party. The wrecked motorcycle was not one of the vehicles Patterson encountered when he pulled Lopez over.
“This wasn’t a bike that was involved in the accident and it was much later in the evening,” Scott said. “I think these are two separate circumstances some time apart from each other. If you look at the officer’s report, he’ll articulate why he chose to do what he did.”
Lopez was later found dead at 2.5 Mile, along with Chris Douglas, 36. Scott said police believe Lopez was the passenger of the wrecked motorcycle which had run off the road.
A caller reported finding the two men at 5:33 a.m. The police are investigating the accident and report should be available in late July or early August, Scott said.
