Texas trucker charged with DUI, tested triple legal limit after assaulting officer

Hunter Dunteman, The Daily Republic, Mitchell, S.D.
·2 min read

Sep. 16—A Texas trucker is facing five charges after an altercation with police which stemmed from an alcohol purchase.

Gairon Lay, 44, of North Richland Hills, Texas, is facing charges for assault on a law enforcement officer, DUI and more after a store clerk called police to report an altercation.

Police in Mitchell responded to a report of a disorderly person arguing with employees at Walmart just after 5:30 p.m. on Sept. 11.

Upon arrival, a reporting party alleged to police that Lay refused to show an ID while purchasing alcohol, and instead laid down cash and tried to leave. The reporting party claims that Lay became "belligerent and confrontational" when stopped by employees, and said employees had to push Lay back to maintain personal space.

The store requested Lay be trespassed, so police searched for him and then located Lay inside a running freightliner commercial vehicle.

Court documents allege that when Lay was commanded to exit the vehicle, he leaned out the window displayed his middle finger to officers while using foul language. Officers say Lay had slow, slurred speech and glossy eyes.

An arrest affidavit says officers suspected Lay of being "in physical control of a running commercial vehicle," and attempted to remove him from the vehicle. Lay said no and rolled his window up.

After a brief period of time, Lay had reopened the windows, and allegedly told officers he "guessed he was under arrest," but still refused to leave the vehicle. Police grabbed his arms through the window and removed him from the truck.

Police were able to place Lay in handcuffs, but noted that there was "fresh vomit" on the steps up to the cab and the ground.

The affidavit says Lay refused sobriety tests at the Davison County Jail, and later yelled, lunged and grabbed officers, leading them to fear Lay would punch them.

After obtaining a search warrant, a blood draw revealed Lay's blood alcohol content to be .245% — over three times the legal driving limit.

Lay faces a Class 2 felony — punishable by up to 25 years in prison, a $50,000 fine or both — as well as two Class 2 misdemeanors and two Class One misdemeanors. He had his first appearance in a Davison County Courtroom on Monday.