HILLSBORO, Ore. (KOIN) – The Washington County District Attorney’s Office will not pursue criminal charges against the West Linn Police chief following an investigation into suspected driving under the influence of intoxicants.
KOIN 6 News learned on Thursday that West Linn Police Chief Terry Timeus will not face any charges because the district attorney’s office could not prove, beyond a reasonable doubt, any criminal behavior occurred.
The Oregonian/Oregon Live first reported that Timeus was under investigation for allegations of DUII, citing unnamed sources.
In a letter dated September 29, 2017, the Washington County DA’s Office wrote that because no field sobriety tests were conducted with Timeus at the time they suspected he was intoxicated, “there are no blood alcohol tests to review.”
According to the DA’s letter, the alleged incident happened May 16.
The criminal investigation, and review by the DA’s Office, came after the City of West Linn learned about the allegation of possible DUII when Officer Cody Tadlock resigned.
Tadlock wrote a two page memorandum describing an encounter with Chief Timeus on May 16,2017 in the parking lot of the Linn City pub. Officer Tadlock and his field training officer, Chad Jones, were picking up a carry-out order at the Asian Kitchen, when Chief Timeus and his girlfriend drove up and spoke to them.
Officer Tadlock wrote that the chief had bloodshot and watery eyes, and a “loose” demeanor.
Officer Tadlock could not tell whether Chief Timeus was slurring his words because Chief Timeus was chewing tobacco at the time.
“Chief Timeus made inappropriate comments to both Officer Tadlock and Officer Jones,” according to the DA’s letter.
Officer Tadlock wrote that during the conversation he “began to suspect more and more that Chief Timeus was intoxicated.”
Officer Tadlock ended the memo by writing, “whether Chief Timeus was driving drunk or not, the perception of it stuck with me, and ultimately became a contributing factor in my resignation.”
Officer Jones noted that he and Officer Tadlock discussed the incident and later informed a WLPD sergeant who reported their concern to Lieutenant Mike Stradley.
According to the DA’s memo, Lt. Stradley said that he and Chief Timeus had a phone conversation the evening of May 16. The call occurred at 8:52 pm and lasted 3 minutes. Lt. Stradley said that when he spoke with Chief Timeus on the phone he did not detect any sign that Timeus was intoxicated and no DUll investigation occurred.
The memo went on and stated that detectives spoke with Timeus at his home and conducted a recorded interview.
Chief Timeus acknowledged that he is “kind of a smart-ass and jokes around” but was “absolutely not intoxicated” during his interaction with Tadlock and Jones, the DA’s letter states.
Chief Timeus explained that he and his girlfriend dined at the Linn City Pub the evening of May 16.
Chief Timeus said that he ordered fish and chips or a club sandwich. Chief Timeus went on to say that he drank a pint and a half of Coors Light, his drink of choice, and his girlfriend had two drinks with dinner.
Chief Timeus later produced a Linn City Pub receipt, dated May 16, 2017 and time stamped 8:01 pm. The receipt is for one order of fish and chips, one Halibut sandwich, two glasses of Coors light and two “Pendleton” drinks.
Records show the total bill came to $55.48 and was charged to a Visa card with the last four card digits listed on the receipt. Chief Timeus also provided a Chase debit card in his name with the same card number.
Washington County Senior Deputy District Attorney Bracken Mckey wrote in his letter of findings, “While Jones and Tadlock’s observations are obviously concerning, both stop short of concluding that Terry Timeus was under the influence. All criminal investigations become more difficult as time passes, but the natural dissipation of alcohol in the blood makes after the-fact DUll investigations particularly challenging. ln this case, the officers did not describe any impaired driving.”
KOIN 6 News has reached out to Timeus and his attorney for comment but we have not heard back.