A Farmington Police officer who was caught driving drunk with a blood alcohol level of three times the legal limit was sentenced to serve 364 days of probation after entering a plea agreement.
Robert Shuttleworth, 29, of Farmington was charged with aggravated driving under the influence of intoxicating liquor, two counts of driving while intoxicated with a minor in the vehicle, leaving the scene of an accident and driving on roadways lanes for traffic.
“He is no longer with the department,” police spokeswoman Shanice Gonzales said Thursday.
Shuttleworth was placed on paid administrative leave at the time of the incident. He then took personal leave, according to Gonzales.
Shuttleworth agreed to a plea deal on March 28 in San Juan County Magistrate Court. He admitted to one count of driving while under the influence of intoxicating liquor or drugs, which is a lesser charge than the aggravated DUI and one count of driving while intoxicated with a minor in the vehicle, according to court records.
A second charge of driving while intoxicated with a minor in the vehicle as well as the charges of leaving the scene of an accident and roadways laned for traffic were dismissed, court records state.
Farmington Police Chief Steve Hebbe declined to comment about the plea agreement and sentencing.
He was charged after he reportedly nearly missed a head-on collision with Bloomfield Deputy Police Chief Randon Matthews in Aztec on Feb. 15.
Matthews reported the near-miss to the San Juan County Sheriff’s Office, whose deputies located Shuttleworth “near the side of the road near Road 3157 and NM 516.” He reportedly hit a shrub and a tree before coming to a stop in a ditch, according to a video of the incident and the statement of probable cause.
There were two small children in the car — a 4-year-old girl and a 3-year-old boy in the car. When asked whether the children were secured in seat belts or car seats, San Juan County Sheriff’s Capt. Kevin Burns said that they were secured; otherwise, “we would have cited for that.”
A Sheriff’s Office deputy and Aztec Police officers ensured “the small children inside the vehicle were OK. EMS was called for the children,” according to the statement of probable cause, which also stated that Shuttleworth had “bloodshot, watery” eyes and “was also stumbling over his feet to the point that we had to physically control him, so he did not fall.”
Shuttleworth reportedly told the deputy he was not heading home and said he did not want to perform a field sobriety test, the report states. He did submit to a Breathalyzer test, which was given at the San Juan County Detention Center shortly after 7 p.m. It came back .27g/210L and .26g/210L, which is more than triple the legal limit of .08g, according to court records.
“The Office of the District Attorney does not oppose to mandatory minimums or supervised probation,” the plea agreement stated.
The maximum penalty for DUI was 90 days in jail and a fine of $500. The court also was required to order that Shuttleworth undergo alcohol screening and attend DWI school.
The maximum penalty for driving while intoxicated with a minor in the vehicle was 90 days in jail and a fine of $300.
Magistrate Russell Bradford accepted the plea agreement and suspended the $500 fine for DUI, but he retained the $300 fine for driving while intoxicated with a minor in the vehicle, court records state.
Bradford ordered Shuttleworth to enter and complete DWI school and to install an ignition interlock on his vehicle. He also ordered him to complete 24 hours of community service, according to court records.
He ordered Shuttleworth to not use marijuana or consume alcoholic beverages, and Shuttleworth is not allowed to enter any establishments that serve alcohol except restaurants. He was ordered to obey all federal state and local laws and have “no negative contact with law enforcement with the exception of minor traffic infractions,” court records state.
