Orange County Sheriff Deputy Shows Up Drunk to His DUI Court Hearing

On Friday Judge Frank Fasel doubled Allan James Waters’ prison sentence from 16 months to 32 months. Waters, aged 33,  is a former Orange County California sheriff deputy. The judge’s decision to give Waters a longer sentence was influenced after Waters showed up drunk in court to face his DUI charge last month.

The former Laguna Niguel resident pleaded guilty on April 7, 2011 to multiple accounts. Waters is being charged for:

  • felony driving under the influence and causing bodily injury
  • two felony counts of selling substances in place of cocaine
  • nine felony counts of obtaining a controlled substance by fraud
  • an enhancement on his sentence for causing great bodily injury to a 78-year-old woman

When Waters showed up to court on June 10, the bailiffs noticed that he had an unsteady balance and emitted and odor of alcohol. Water’s terms of his $100,000 bail also included that Waters was prohibited from consuming any alcohol.

Prosecutor Brock Zimmon requested that Waters bail be increased. He was then detained and has been in custody since the drunken appearance. The judge decided that Waters was not fit to be sentenced. Waters bail was set at $250,000.

The judge postponed his sentencing, but did not include any other charges for Waters showing up intoxicated to court. The level of intoxication did not rise to the legal standard for a crime.  

Judge Fasel doubled Waters sentence in state prison in concern of the public’s safety. Fasel informed Waters that the sentence was going to be increased to two years and eight months. Fasel also informed Waters that he had the right to change his plea back to “not guilty,” which Waters accepted.

The Orange County district attorney’s office alleged that Waters went to eight different doctors to obtain prescription drugs for Opana and OxyContin, between March 2009 and March 2010.

The nine accounts of obtaining a controlled substance by fraud was because, Waters gave false stories to illegally obtain the Opana and OxyContin. Prosecutors said that when one doctor would stop providing Waters with prescriptions he would move on to a new doctor.

Waters multi-doctor scheme was reveled after two different car collisions on the same day. On March 10, 2010 Waters was driving south bond on Golden Lantern St. in Dana Point and collided into the back of a vehicle that was stopped at a red light.

Deputy’s responded to the accident and recognized Deputy Waters and let him go. Then just seven minutes after leaving the accident Waters nearly got into another accident. Witness called the police complaining of Waters reckless driving.

As authorities were responding to the complaints, Waters swerved, hit a curb, and then crossed over to the middle lane colliding with another vehicle. The passenger of the other vehicle was a 78-year-old woman. Since the accident the women has needed back surgery for her injuries.

Waters was then arrested by California Highway Patrol. Investigators determined that his speech was slurred, was having a hard time following directions and had a lack of balance.

California Highway Patrol determined that Waters was under the influence of prescription drugs Ambien (zolpidem) and Vicodin (hydrocodone).  

Prosecutors also said that Waters traded fake cocaine for prescription medication in the month after the March 2010 Collision. Waters arranged a meeting with a friend where he received Opana and OxyContin in exchange for money and cocaine.

Prosecutors said that Waters provide his friend with a fake white powdery substance that gave the impression of cocaine. After these incidents is when Orange County sheriff’s detectives became aware of Waters drug addictions.

– Cesar V, The Addiction Reporter