WATERFORD — A 58-year-old Waterford man, who had been transported to Burlington Hospital by Waterford police for a legal blood draw on Feb. 20, is alleged to have committed a felony battery on one of those officers.
Carlos Colon faces a felony charge for that alleged battery, which carries a possible maximum prison term of six years and a fine of $10,000. Colon also faces misdemeanor counts of his third operating while intoxicated charge, obtaining a prescription drug with fraud and resisting an officer.
The criminal complaint: Loud exhaust, OWI and more leads to felony battery of an officer
A Waterford police officer stopped the defendant’s vehicle on Highway 164 for having a loud exhaust and a suspended vehicle registration. The officer knew of the defendant’s history of drug use and requested a K-9 unit to respond to the location.
As Colon exited the vehicle, the officer noted he was “very unsteady and used the vehicle for balance,” the complaint states. During a search of the defendant, police located a knife and a metal tin containing a prescription for what is commonly known as Suboxone.
The defendant could not provide the officer with coherent information about a doctor or a prescription, according to the complaint.
After the K-9 unit arrived, that dog’s handler advised there was an alert on the vehicle, which led police to search. During that search, police located a Naloxone sublingual film in the center console armrest, as well as a prescription nasal spray without patient information, along with a small clip that “appeared oily and burnt on one end.”
After a series of field sobriety tests, along with an admission by Colon that he had taken a Suboxone at about 6 p.m., he was taken into custody for his third OWI charge.
Colon was taken to Burlington Memorial Hospital, where he stated he would not comply with a blood draw, as he was a “Jehovah Witness.” Police then obtained a valid warrant, and Colon stated he was going to resist and that officers would need to hold him down. Three additional officers arrived to help hospital security.
As soon as the handcuffs were removed, the complaint states the defendant began to actively resist, and he eventually was moved to a padded cot and placed face down. While police tried to get him in position, Colon allegedly struck an officer with his knee in the genitals twice.
Colon didn’t finally comply with police orders until he was placed back into handcuffs, the complaint states.
Criminal court records show the defendant has previous OWI convictions in 2021 and 2010, both in Milwaukee County, along with a felony conviction in 2020 in Milwaukee County for possession of a narcotic drug.
Colon, who is free from custody on a $1,000 cash bond, is due back in Racine County Circuit Court for a preliminary hearing on March 1, at 9 a.m.
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