An Ohio man who had recently moved to Westminster was arrested Friday after allegedly struggling with Carroll County Sheriff’s Office deputy and driving under the influence of alcohol.
Dan E. Foss, 33, was charged with one count each of resisting arrest, concealment of a dangerous weapon and second-degree assault of a law enforcement officer, as well as issued traffic citations. He was released on $2,000 unsecured bail, according to electronic court records.
According to the statement of probable cause, law enforcement from multiple agencies responded on Oct. 27 just after 1:30 a.m. to a report of a disabled vehicle in the 1000 block of Klee Mill Road. Arriving officers observed the vehicle partially stopped in a yard with “a large amount” of damage to the passenger side and tree branches stuck in the bumper.
When a Sheriff’s Office deputy spoke to the driver, identified as Foss, the deputy observed a fixed blade knife, approximately six inches long, attached to the inside of the driver’s door, which the deputy identified as a concealed dangerous weapon. An empty beer can was also observed behind the driver’s seat, according to the statement.
Foss told police that his truck had suddenly turned off while he was driving, but he had not been in a collision, according to the statement. When asked where the damage to his vehicle came from, he said he was not aware of any.
Two deputies noted disjointed speech, slurred words and the smell of alcohol on his person. When asked if he had recently consumed alcohol, he stated that he had had one beer about 90 minutes earlier, according to the statement.
The deputies ordered Foss to step out of the vehicle, but he lit a cigarette and began reaching down around the gear shift lever and a cushioned pad on the driver’s seat despite being asked multiple times to exit. He said he was looking for a Fruit Roll-up he had been eating, according to the statement.
The deputies then attempted to pull Foss from the vehicle. Foss resisted and continued searching with his free hand near the gear shift. Concerned that there might be additional concealed weapons, the deputies attempted again to pull him from the vehicle, according to the statement.
The two of them succeeded in pulling Foss from the vehicle, and struggled to bring him to the ground. At one point, Foss pushed one of the deputies back up against the truck with his lower body, according to the statement.
When Foss was on the ground, his arms were underneath him and he resisted having them pulled behind his back. The deputies were unsure if he was reaching for a weapon and struck him on the leg with a baton. When he was placed in handcuffs, a search of his person did not reveal weapons, according to the statement.