Galena prosecutor weighing decision in Broyles DUI case

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January 11, 2010

Anonymous The Joplin Globe Mon Jan 11, 2010, 09:13 PM CST

By Roger McKinney

rmckinney@joplinglobe.com

GALENA, Kan. — City Attorney Kevin Cure on Monday said he could decide as early as today to drop a charge of driving under the influence of alcohol against former Pittsburg State University head football coach Chuck Broyles.

Cure said he was trying to determine whether the machine that was used to measure Broyles’ blood-alcohol level on Nov. 24 was properly calibrated at the time. He said the officer who was responsible for the Intoxilyzer machine was required to log on a weekly basis whether the machine had been calibrated. He said it appears that didn’t take place.

Cure and police Chief Larry Delmont said the officer has been discharged for an unrelated matter. Delmont said the potential problem with the Intoxilyzer log was determined after the officer had been fired, when the responsibility was given to a new officer.

Delmont identified the officer who was responsible for ensuring calibration of the Intoxilyzer when Broyles was stopped as Darryl Nadu.

Cure said he had not determined whether the machine had been properly calibrated, but the evidence likely would be challenged during the trial regardless. He said he also was weighing whether the rest of the evidence was strong enough to justify proceeding with prosecution if the Intoxilyzer evidence had been compromised.

Broyles, 62, of Pittsburg, was stopped at 9:53 p.m. on Nov. 24 at 19th and Main streets by Galena police officer Brian Kerns. The city citation notes that Broyles was clocked at 46 mph in a 35 mph zone. Broyles was arrested and taken to the police station before being released into the custody of an acquaintance.

Broyles’ attorney, Bill Phalen, has entered an innocent plea on his client’s behalf. A pretrial hearing is scheduled for Feb. 5. Phalen didn’t return a phone call for this story.

Broyles announced at a news conference on Dec. 2 that he would immediately leave his job as head football coach. He is remaining as PSU athletic director, but he was placed on administrative leave pending a resolution of his court case.

PSU President Tom Scott at the Dec. 2 news conference disavowed any connection between Broyles’ arrest and his departure from the football coaching job, terming his action a “retirement.”

Delmont said Kerns, the officer who arrested Broyles, did everything properly.

Delmont said he told Cure that he understands if he sees fit to seek dismissal of the case. He said everyone along every step of a case must do everything properly, or risk compromising the case.

“You’ve got to make sure you follow through on everything,” Delmont said.

Initial statement

Chuck Broyles issued a statement after his arrest taking responsibility for his actions and saying he embarrassed the university.

“I am the one who made a poor choice, and I am the only one who is responsible for my actions,” Broyles said in the Nov. 27 statement, after news of his arrest became public.

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Galena prosecutor weighing decision in Broyles DUI case

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