Key witness testifies in Atwater detective’s DUI case

An injured Atwater police officer testified this week in a case against a co-worker charged with drunken driving and leaving the scene of vehicle collision in 2013.

There was no jury present, and the testimony given Tuesday in the case against Detective Lisa Howard was sealed after the hearing. The witness, Officer David Sarginson, testified for several hours about the alleged events of a night in August 2013 that eventually resulted in criminal charges against Howard. She has pleaded not guilty.

Sarginson’s testimony came ahead of a jury trial scheduled to begin Oct. 20 as questions over his medical status made it unclear whether he would be able to testify later this month. Tuesday’s “conditional hearing” allowed attorneys in the case to record and preserve Sarginson’s testimony in case he does not testify at trial, according to Sara Rosenthal, the Merced County deputy district attorney prosecuting the case.

Sarginson suffered major injuries March 18 in an unrelated on-duty vehicle collision in Atwater. He remains out on medical leave, and there is no timetable for when he may return to duty.

His testimony is key for the prosecution as he was the only officer to speak with Howard on the night she is accused of walking away from the alleged DUI crash. On Tuesday, Sarginson said he smelled “the moderate odor of alcohol” on Howard’s breath that night, but said she did not display any other “obvious signs” of possible intoxication.

Sarginson also testified briefly about his medical condition and recovery. He acknowledged some of the medications he takes can affect his memory, but said he could rely on his reports from the incident to help refresh his recollections, which were written well before he was injured.

Prosecutors have asked to postpone the start of Howard’s trial because another investigator in the case will be out of town on that day for mandatory training. The judge will consider the motion to continue before jury selection begins that day.

This story was originally published October 7, 2015 at 6:34 PM with the headline "Key witness testifies in Atwater detective’s DUI case."