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Tag: DUI

Man arrested after driving Jeep into water

Man arrested after driving Jeep into water

HOLMES BEACH – Sarasota resident James Mikluscak was arrested on multiple charges after allegedly driving another man’s Jeep into the water near the Anna Maria Island Bridge on Manatee Avenue.

According to the offense/incident report filed by Holmes Beach Police Officer Andrew Adkins, Mikluscak was arrested on the suspicion of driving under the influence of drugs, DUI with damage to the property or person of another, reckless driving with damage to a person or property, obstruction without violence, a felony charge of grand theft of an automobile and a felony charge of failure to obey a law enforcement officer’s order to stop.

The incident report states that on March 30 at approximately 1:59 a.m., Adkins was assisting Sgt. Joshua Betts with a bicycle stop in the 700 block of Manatee Avenue and they noticed a vehicle driving up and down, back and forth and doing circles along the embankment on the north side of Manatee Avenue, on the 900 block, near the base of the bridge.

In his report, Adkins stated, “I left Sgt. Betts and drove my marked patrol vehicle to where this vehicle, a 2014 black Jeep Wrangler (with a Florida license plate) was driving. This area is closed to vehicle traffic and only open for pedestrians. The vehicle was driving westbound but up the embankment at an angle towards me. I pulled up on the sidewalk facing the vehicle and activated my emergency lights and a Manatee County Sheriff’s Deputy did the same. I exited my vehicle and shined my flashlight at the driver, identified as James Mikluscak, and told him to stop. I did not see anyone else in the vehicle.

“I was able to get a good look at James and he was gripping the steering wheel and his eyes were fixated straight ahead. James did not stop and kept driving along the embankment and then turned north, right, towards the mangrove. James then drove directly into the mangrove and accelerated through them, propelling himself into the water of Anna Maria Sound. James continued driving until the vehicle was stuck due to it becoming submerged about 10 to 20 feet off the shore,” Adkins stated in the report.

“I ran down the embankment to an opening in the mangrove and saw James, about 10-20 feet away from me, exit the vehicle. I commanded James to stop and come to me but he defied, running further into the water. I noticed James’ vehicle was submerged to about the top of the wheels.

“I requested dispatch contact the U.S. Coast Guard (USCG) and send additional assets for assistance. As James was running away from me, he turned toward me, while looking at me, and lifted something black and reflective up above the water and was holding it with both hands. The deputy with me and I both perceived this item to be a weapon of some kind. I drew my sidearm and pointed it towards James and began retreating to cover. I then advised dispatch that James may be armed and dangerous.

“Three Bradenton Beach Police Officers and several Manatee County Sheriff’s Deputies responded to the scene. I retreated to my vehicle, repositioned it toward the opening in the mangrove, and turned on my scene lighting to illuminate James. I then retrieved my patrol rifle and positioned myself behind the cover of a patrol vehicle engine and pointed the weapon at James as he continued to go further out. It was later believed that the perceived weapon may have been a cell phone but one was never recovered.

“Once Sgt. Betts left to meet with the USCG at Station Cortez, I took over voice commands with a loudspeaker. I told James numerous times that we are the police, he is under arrest and that he needs to surrender himself immediately. James did not comply and continued moving further away in the water, up to shoulder deep, and began clinging to a channel marker. I made sure Sgt. Betts was kept informed with James’ position as he was responding with the USCG on their response boat.

“Upon arrival of the USCG in their marked boat with emergency lights, James defied their commands to surrender and kept swimming away for them. This went on for an extended period of time. Due to this, Sgt. Betts directed me to respond out in the water with the HBPD Marine Unit.

“I, along with two Bradenton Beach Police Officers, took the marked police boat with emergency lights to the scene. Upon arrival James was a couple hundred yards north of the original incident location. We pulled up alongside him and gave commands for him to surrender. James did not initially comply but after a few attempts to approach him, he raised his hands up, didn’t move, and we were able to grab him and pull him into the boat, placing him under arrest. James was in the water for about an hour and ten minutes.

“I then transported James to the Kingfish boat ramp, 752 Manatee Ave., where he was turned over to Manatee County EMS and then they transported him to HCA Florida Blake Hospital for possible hypothermia and medical clearance. Officer Gagliano rode with EMS and I followed behind. I heard EMS make comments about James being on drugs,” Adkins stated in this report.

“Once James was transferred to a hospital bed, I got permission from the staff to talk with him. I advised him of his Miranda Warning and he agreed to speak with me. I noticed James was very obviously experiencing the effects of drug use based on my training and experience.

“While at the hospital I also heard the staff mention several different times that James is high on drugs. I asked James if he was on any drugs and he told me he was on ‘ice.’ I asked what that is and he stated a ‘potent meth.’ When I tried to ask James about the incident, he couldn’t remember what happened. I asked James if what happened tonight was because he was on meth and he nodded yes. I asked James about driving while impaired by the meth and he told me he wasn’t driving.

The report notes Mikluscak declined to give a blood sample for testing purposes.

“I contacted HBPD’s Drug Recognition Expert, Officer (Alex) Hurt, and advised him of the situation. Officer Hurt remained with James while I returned to HBPD to complete the arrest paperwork. Sgt. Betts informed me that the owner of the Jeep, Gregory Dobkins, did not give permission to James to operate the vehicle and filed it as stolen with the Sarasota County Sheriff’s Office,” the report states.

“As a result, I charged James with reckless driving with property damage, DUI with property damage, fleeing to elude/failure to obey, leaving the scene of a crash involving property damage, resisting an officer without violence, and grand theft of a motor vehicle.

“I was informed that James was being admitted at the hospital for 24 hours to be monitored so I took the completed paperwork and his property (and) clothing to the Manatee County Jail to get him booked in.

“While James was in our custody, he stated the vehicle belonged to a friend or roommate where he is staying temporarily in Sarasota. Later on in the day, when I came back into work, I spoke with Gregory over the phone. Gregory informed me that he did allow James to drive the Jeep earlier in the day with him but once they got back to the (Sarasota) address he was no longer authorized to drive it.

“I was told that address is a home for recovering addicts. Gregory stated James left the house with a girlfriend after a meeting but returned later in the night very high. Gregory stated while he was now asleep, James took the Jeep keys and then stole the vehicle,” the report states.

As of April 1, Mikluscak remained in custody at the Manatee County Jail in Palmetto.

Kaleta seeks plea agreement for DUI arrest

BRADENTON – In response to a driving under the influence (DUI) arrest in 2023, local developer Shawn Kaleta has entered into a Driver Enhanced Treatment Education Rehabilitation (DETER) program contract that requires him to enter a plea to reckless driving with alcohol as a significant factor.

According to the 12th Judicial Circuit State Attorney’s Office, “DE­TER seeks to aggressively target first time, non-aggravated DUI offenders to reduce impaired driving by imposing enhanced educational and reha­bilitative sanctions including ignition interlock devices, alcohol monitoring devices, work offender sanctions and enhanced victim impact education.”

The DETER contract was agreed to during a Nov. 21 court hearing at the Manatee County Judicial Center in Bradenton, with 12th Judicial Circuit Court Judge Heather Doyle presiding. The hearing was originally scheduled to consider a motion to suppress “all evidence obtained from the vehicle stop and subsequent arrest,” re­quested by Kaleta’s legal team on June 14. Instead, Kaleta agreed to enter into the DETER contract and pending plea agreement. A follow-up case status conference is scheduled for March 20 before Judge Jacqueline Blanton Steele.

The arrest

A series of incidents that occurred in Holmes Beach on June 15, 2023 resulted in Kaleta being arrested and charged with driving under the influence (DUI) and resisting, obstructing or opposing an officer without violence.

According to the initial probable cause affidavit (PCA) filed by Holmes Beach Police officers Andrew Adkins and Alex Hurt, Kaleta’s vehicle rapidly accelerated after turning off East Bay Drive and onto eastbound Manatee Avenue.

Kaleta seeks plea agreement for DUI arrest
In 2023, Shawn Kaleta was arrested on the suspicion of driving under the influence. – MCSO | Submitted

“When vehicle had to slow down due to traffic, it began to weave within its lane. The vehicle then veered onto the eastbound shoulder, almost struck a construction sign but swerved away from it and avoided a collision,” according to the PCA. “Driver stated he left a friend’s house and is going to visit his mom in the hospital.”

According to the PCA, Kaleta discon­tinued the first stimulus test the officer attempted and declined to participate in additional roadside sobriety tests or a Breathalyzer test.

“After I explained to the defendant that he was under arrest for DUI, I walked behind the defendant and began to place his hands behind his back,” according to the arresting officer’s police report. “The defendant bent down to push me away and tried to pull his arms away from me. I was able to grab a hold of the defendant but he kept trying to pull away and push me away. Due to this, I had to take the defendant to the ground and forcefully place him in handcuffs. The defendant was given verbal commands but did not comply. Due to this, I also charged the defendant with resisting an officer without violence. I then conducted a search of his persona and located a wine bottle cork in his shorts’ pockets.”

At his request, Kaleta was trans­ported to a hospital and examined for dehydration before being transported to the Manatee County Jail.

DETER requirements

On Nov. 21, Kaleta agreed to the DETER enrollment contract sanctions. Upon completing the program, he will enter a plea to reckless driving with alcohol as a significant factor. He also waived his right to a speedy trial and requested the continuance of his case in order to complete his pre-plea sanctions.

The DETER contract requires the following sanctions to be completed within 60 days:

  • Remain crime and alcohol-free;
  • Stay compliant with any conditions of bond or supervised release;
  • Complete in-person DUI school with a licensed provider and begin recommended treatment;
  • Compete the Mothers Against Drunk Drivers (MADD) online victim impact program;
  • Complete 60 hours of community service; and
  • Provide proof of installation of an ignition interlock alcohol monitor­ing device or continuous alcohol monitoring without the consumption of alcohol.

Upon completion of the above sanctions, Kaleta will be offered a plea of reckless driving with alcohol as a significant factor, with the following sanctions:

  • 12 months of probation without automatic early termination;
  • $500 fine;
  • 10 days of vehicle immobilization;
  • Successfully complete in-person DUI school and any recommended treatment;
  • Complete a MADD Live Victim Impact Panel;
  • 50 hours of public service; and
  • Complete six months of mobile data transfer module-equipped ignition interlock alcohol monitoring, or continuous alcohol monitoring without consumption of alcohol.

Related coverage: Local developer arrested for DUI