Atwater detective’s DUI trial delayed

The on-again, off-again drunken driving trial of an Atwater police detective was delayed again Tuesday as a result of injuries suffered recently by one of her co-workers in an on-duty vehicle collision.

Detective Lisa Howard, 33, has pleaded not guilty to hit-and-run and drunken driving charges in connection with a 2013 vehicle crash on Augusta Lane in Atwater. She was off duty at the time of the incident.

Howard has been on paid administrative leave since the incident, which police Chief Frank Pietro has said is the longest period of leave he’s dealt with in his career.

Howard’s trial, which has been delayed several times for a variety of reasons, hit another snag Tuesday when the Merced County District Attorney’s Office said prosecutors could not move forward while Officer David Sarginson remains out on medical leave.

Sarginson, 39, suffered major injuries March 18 when his patrol car collided with another vehicle at East Bellevue Road and Granite Drive in Atwater. Sarginson was responding to a call for backup with lights and sirens activated at the time of the crash, according to the California Highway Patrol.

Sarginson lost consciousness and suffered injuries including at least one broken rib, officials said.

There is no timetable set for his return, Lt. Samuel Joseph said Tuesday.

Sarginson is a key witness in Howard’s case. According to police reports, Sarginson was the only officer who spoke with Howard inside her home after the crash.

Howard is accused of crashing her personal vehicle Aug. 1, 2013, on Augusta Lane and fleeing the scene on foot, according to police reports.

Sarginson, in his case report, said Howard told him she planned to tell CHP officers that she started drinking after the crash when she arrived home. Sarginson also specifically noted that he did not see any bottles of alcohol in her home, according to the report.

Howard’s attorney, Kirk McAllister, said his client, while sympathizing with her co-worker’s injuries, would not waive her right to a speedy trial.

“Lisa Howard is sorry to hear of a fellow officer being injured on duty,” McAllister said. “It’s unclear how long the officer will be sidelined and that causes a problem because Mrs. Howard wants to resolve this matter as quickly as possible and return to work.”

McAllister said delays in the case to this point have been routine, despite taking more than a year and a half.

“There’s no stopwatch on justice,” McAllister said. “If these cases are done right, it can take awhile to get it ready for trial.”

McAllister said he remains hopeful a resolution in the case can be reached, but said the officer’s status for returning to duty puts the case in limbo.

“We’ll just have to see what happens when we come back to court,” McAllister said.

Judge Paul C. Lo ordered Howard to return to court May 5 for trial.

This story was originally published April 21, 2015 at 5:51 PM with the headline "Atwater detective’s DUI trial delayed."