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Sheriff’s deputy applies for DWI charges against Washington County prosecutor, says he felt ‘intimidated’ into not applying for them months ago

A sheriff's deputy has applied for charges against the county's prosecutor, seven months after he said he felt intimidated into not doing so.

WASHINGTON COUNTY, Missouri — A Washington County sheriff’s deputy has applied for DWI charges against the county’s prosecutor – seven months after the deputy says he felt intimidated by the prosecutor and his supervisor not to do so following a crash.

Washington County Sheriff Zach Jacobsen told 5 On Your Side he has called the Missouri Attorney General's Office to determine if another county’s prosecutor should review the warrant application stemming from the July crash.

Jacobsen also said body cameras were not turned on, and an outside agency should have been called to the scene to investigate.

“We’re human, and we make mistakes and at the end of the day, these people work for me,” the sheriff said. “If they made a mistake, then it’s my fault.

“This is not the deputy’s fault. I take full responsibility.”

A woman who answered the phone at Washington County Prosecutor John Jones IV’s office told 5 On Your Side, “No comment,” before hanging up Wednesday.

In a statement on Thursday, Jones said he "would welcome a professional and transparent investigation."

5 On Your Side typically does not identify a person who has not been charged with a crime but is naming Jones because he is an elected public official.

This all began when the Washington County prosecutor called a Washington County deputy on the deputy’s personal cellphone at about 2:15 a.m. July 5 to report he had just hit a cross outside of the Rural Parish Workers of Christ building along Cannon Mines Road, according to police documents obtained by 5 On Your Side via a Sunshine request.

Jones told the officer he struck the cross as he traveled off the road and had tried to drive out of a nearby ditch but couldn’t. He said he didn’t want to leave the scene of the accident due to property damage, according to the documents.

Jones also told the deputies he called a tow truck to have his car removed, according to the documents.

The deputy asked for Jones’s license and proof of insurance, and stated Jones “struggled with locating his driver’s license,” was “emitting an odor of intoxicant from his person,” and “had slurred speech, and bloodshot eyes,” according to the documents.

The officer also said he found a “nearly empty bottle of rum” under the driver's seat.

But the deputy did not apply for DWI charges against Jones or administer any sobriety tests following a phone call to a supervisor about the situation, according to the documents.

Sheriff Jacobsen said several officers were disciplined following the incident for policy violations. He said he could not discuss what the punishments were because it is a personnel matter.

Jacobsen also added the incident occurred just before he was about to go out of the country on a scheduled vacation.

“Due to the complexity of this and in 20 years, I’ve never encountered something like this, so I’ve reached out to find guidance on how to proceed with this,” Jacobsen said.

In a memo to Jacobsen dated Jan. 29, the deputy wrote, “Due to the subject being an elected official with whom our agency requires cooperation to perform our duties as law enforcement officers, I did not feel comfortable pursuing the charge of Driving While Intoxicated for fear or retribution from the prosecutor’s office. I was intimidated by the position of the prosecutor’s office and his impact on any investigation where I will be applying for charges to which he reviews.”

The deputy wrote that he contacted his supervisor on the night in question and was told to “handle the call at my own discretion.”

The deputy wrote that he asked his sergeant whether to pursue the DWI or report the incident as a motor vehicle accident with property damage, and the sergeant “advised me to proceed with the accident report and advised I can use officer’s discretion in the matter and reminding me I am not always required to place a subject under arrest.”

He continued: “At the time of the incident, I took the advice of my supervisor and reported the incident as an accident only. This was due to being intimidated by the office of the prosecutor and how any of my future investigations may be jeopardized if I pursued the DWI charge based on the reasonable suspicion I observed at the scene.”

The deputy concluded his memo with, “I realize I have compromised my integrity as a law enforcement officer by my actions on the night of July 5, 2023. I failed to investigate further after observing several indicators which were common of a driver operating a vehicle while under the influence of intoxicants. After a period of self-reflection regarding the incident, I have decided I will be submitting charges for DWI based on my observations at the scene.”

Jacobsen said his deputy “got advice contrary to what he thought he should do.”

During the ensuing months, Jacobsen said his department weighed the fact that it didn’t get breath, blood or field sobriety tests.

“We felt the case was lost, there was nothing you could do and who do you send it to?” Jacobsen said. “Upon reflection by myself, I feel like I was standing in the way of the justice system having its way and that’s why I went to the AG to get advice.”

Jones' full statement is as follows:

"I understand that there has been some discussion of a single-vehicle accident that I was in several months ago.

"When this accident occurred I called a deputy to do a report. Two Washington County Deputies responded to the scene, and I assumed did their duty.

"I would welcome a professional and transparent investigation and the Missouri Highway Patrol can do just that.

"I will not comment further on any specifics because I do not want to be seen as trying to improperly influence anyone.

"Now it is my intention to get back to the business of prosecuting crimes in Washington County. I cherish the honor to serve you, the citizens of Washington County. I will continue to strive to conduct myself in a manner worthy of the great responsibility with which you have entrusted me."

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