Atwater police detective found guilty of DUI, hit-and-run

An Atwater police detective who has been on paid administrative leave since crashing her car into a house and tree in 2013 was convicted Monday of drunken driving and leaving the scene of the off-duty collision.

A jury found Lisa M. Howard guilty following a three-day trial before Judge Paul C. Lo in Merced Superior Court.

Howard, 34, was ordered to serve 10 days on a work-release program with the Merced County jail. She also was ordered to pay a fine of more than $2,000, attend a DUI treatment class, serve 40 hours of community service and three years of probation.

The judge ordered Howard to surrender to the jail for a “book and release” to begin her work-release program. She was booked into the jail at 3:45 p.m. Monday and released about 45 minutes later, according to booking records.

The maximum penalties for a first-offense DUI and hit-and-run are each six months in jail. The minimum penalty is two days in custody. Work-release programs are common in such cases in Merced County, authorities said.

Howard was convicted in connection with the crash in the early hours of Aug. 1, 2013. Howard drove her 2011 Chevrolet Camaro into a house, a car and tree on Augusta Lane. She then left the scene, walked to her home and called her police supervisor.

Howard testified she had not been drinking prior to the crash. According to her attorney, Kirk McAllister, Howard was not accustomed to driving the Camaro and lost control as she made a turn. She also said she knocked on the door of the home after the crash but no one answered, he said.

Howard maintained she began drinking only after she reached her home following the crash.

Sara Rosenthal, the deputy district attorney who prosecuted the case, said many details of Howard’s testimony contradicted statements by homeowners and other residents in the area.

“She said she’d had about four beers that night but had stopped drinking sometime around 11 p.m. or midnight,” Rosenthal said. Authorities, however, said the crash was reported just after 2 a.m.

One witness testified that he saw a woman leave the area after the crash and did not see that woman notify the homeowner of the collision, authorities said.

The one police officer who spoke directly with Howard on the night of the crash, Atwater police Officer David Sarginson, said he did not see any bottles of alcohol in her home. Sarginson also said in his report that Howard told him she planned to tell investigators she began drinking after she got home.

Howard has been on paid administrative leave from the Atwater Police Department since the crash. It was not immediately clear how Monday’s conviction would affect her status with the department.

Her annual salary with the department was reported at $85,077.16.

Police Lt. Samuel Joseph said administrators had not made “any final decisions regarding Mrs. Howard.”

“We respect the jury’s decision and the court process,” Joseph said. “We’re consulting with the (city) attorney regarding the department’s options with Mrs. Howard.”

Joseph confirmed “some form of termination of employment” would be among the options considered.

Howard’s family referred questions to McAllister. The attorney confirmed Howard plans to appeal both convictions.

“We’ll get justice in the appeal,” McAllister told the Sun-Star outside the courtroom Monday.

McAllister declined to comment on any specifics his client may argue in her appeal. He said he intended to file the notice of appeal sometime next week at the Merced courthouse.

A total damage estimate from the crash was not available Monday. Rosenthal said Howard’s insurance paid a majority of the damages to the owners of the vehicle, the lawn and home. However, the insurance company did not cover costs associated with the damaged tree. Rosenthal said both victims in the case would be seeking restitution for the remaining expenses.

This story was originally published October 26, 2015 at 12:58 PM with the headline "Atwater police detective found guilty of DUI, hit-and-run."