A Hamilton County Sheriff’s Office reserve deputy from Westfield facing a charge of operating a vehicle while intoxicated has had his bench trial rescheduled to June.
Patrick Heitz, 56, was charged Feb. 13 after Westfield Police Dept. Officer Jonathan Mathioudakis saw Heitz driving a White Ford F-150 on Little Eagle Creek Avenue approaching the area of Towne Road when the vehicle slowed down, activated its turn signal and drove left of the center double line.
In a probable cause affidavit filed in Hamilton County Circuit Court, Mathioudakis said he smelled an odor of alcohol on Heitz’s breath and that he had glassy eyes, slurred speech and red, bloodshot eyes after stopping Heitz. The probable cause statement alleges Heitz was unable to go from C to N in the alphabet as instructed and was asked by Mathioudakis to perform field sobriety tests, but refused to do so.
The statement also alleges that Heitz “struggled to touch the tips of his fingers together as instructed and counted in the incorrect order during the finger count test.” Heitz was eventually brought to the Westfield Police Dept., where he was asked by Mathioudakis to take a certified chemical test, according to the probable cause statement.
Bryan Melton, a spokesman with the sheriff’s office, said in an earlier interview that Heitz has been a reserve deputy since Jan. 8, 2013, and said the position is an unpaid volunteer. Heitz remains suspended from his role and Hamilton County Sheriff Dennis Quakenbush will make the final determination regarding his status, Melton said.
Heitz, who was originally scheduled for a 9 a.m. bench trial April 17, requested a continuance in the case, which was granted by Hamilton County Superior Court 4 Judge J. Richard Campbell. Heitz has retained two Fishers attorneys, Mario Massillamany and Jacob Zigenfus, from Massillamany Jeter & Carson LLP to represent him.
Court records also show that Hamilton County pretrial services also filed a request April 24 to allow Heitz to travel out of state. That request was also approved by Campbell, who reset the bench trial for 9 a.m. June 26, according to court records.
