Burlington, News

Accused officer blew twice legal limit

By Jennifer Eisenbart

Editor

A City of Burlington police officer disciplined for his first drunken driving offense in December could be facing additional penalties.

The Walworth County Sheriff’s Department released the report of the Dec. 16 incident involving Officer Eric Mitchell, who hit a mailbox and road sign while driving shortly before 4 a.m. that day.

Mitchell, according to the sheriff’s report, then left the scene of the accident and was pulled over later for a defective front passenger side headlight.

According to the complaint, Mitchell failed standard field sobriety tests – and also blew a .16 blood alcohol content on the portable breath test.

Per Wisconsin law, in spite of this being Mitchell’s first drunken driving arrest, the number being above .15 indicates that if he’s convicted he may be subject to an ignition interlock device on any vehicle he drives.

As part of Mitchell’s discipline by the department, he has agreed to resign if there are any qualifications given to his driving status. He is also currently serving a 20-shift unpaid suspension.

The case remains under investigation as of this week, and City of Burlington Police Chief Mark Anderson declined to release documents related to Mitchell’s disciplinary action until Mitchell had, by law, time to respond to the action.

However, Anderson did clarify the disciplinary action taken against Lt. Brian Zmudzinski, whose home Mitchell had left the night of the incident.

Anderson said that Zmudzinski was given a written warning for failing to notify Anderson of the incident – and only for that offense.

“He did nothing other than failing to notify me of the arrest,” Anderson said.

Anderson declined to elaborate on that specific matter as court actions still remain regarding Mitchell, and Zmudzinski could be part of that process.

In the sheriff’s department report, Mitchell allegedly told Walworth County Sheriff’s deputies that he had left Zmudzinski’s home earlier that night after spending some time there and having “a few drinks” with his friend from the police department.

Mitchell was given the horizontal gaze nystagmus and the walk-and-turn field sobriety tests – both of which allegedly indicated he was intoxicated.

The portable breath test reading of .16 is double the legal limit.

All three charges against Mitchell – the drunken driving, operating with a prohibited alcohol content and hit and run with property damage – are traffic forfeitures only, though Mitchell’s job as a police officer complicates the matter.

His initial appearance in court is set now for March 16 at the Walworth County Judicial Center at 3 p.m. Mitchell was not in court Jan. 20 for his scheduled initial appearance.

One Comment

  1. If he worked in Chicago they would upgrade him to a luxury squad car