Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
|For Immediate Release
Case # 10CF1486
April 7, 2011
Susan Kang Schroeder
Chief of Staff
OFF-DUTY OCSD DEPUTY CONVICTED OF
DRIVING UNDER THE INFLUENCE OF PRESCRIPTION DRUGS AND CAUSING CAR CRASH INJURING
SANTA ANA – An off-duty Orange County Sheriff’s deputy pleaded guilty today for driving while under the influence of prescription drugs and crashing into and injuring a 78-year-old woman. The defendant illegally obtained prescription pills by providing false information and repeatedly switching doctors. Allan James Waters, 37, Laguna Niguel, pleaded guilty to the court to one felony count of driving under the influence causing bodily injury, two felony counts of selling a substance in lieu of cocaine, nine felony counts of obtaining a controlled substance by fraud, and a sentencing enhancement for causing great bodily injury to an elder. He faces a maximum sentence of 15 years and four months in state prison. Waters is scheduled to be sentenced June 10, 2011, at 9:00 a.m. at the Central Justice Center, Santa Ana. The Department is to be determined.
Prescription Drug Charges
On nine occasions between March 2009 and March 2010, Waters went to eight different doctors to obtain prescription drugs Opana and Oxycodone. He gave doctors false stories in order to illegally obtain the drugs. When one doctor would stop providing a prescription for the defendant, Waters moved on to a new doctor.
Driving Under the Influence Causing Injury Charge
At approximately 4:45 p.m. on March 1, 2010, Waters drove southbound on Golden Lantern Street in Dana Point. He failed to stop and crashed into the back of a vehicle that had stopped at a red light in front of him. Deputies from the Orange County Sheriff’s Department (OCSD) responded to the scene and released Waters and the other driver approximately 30 minutes later after taking a report of the incident. The responding deputies were aware that Waters was an OCSD employee.
At approximately 5:20 p.m., seven minutes after leaving the scene of the first crash, Waters drove northbound on Golden Lantern Street. He drove erratically and failed to accelerate at a green light, stopped partially in an intersection on a red light, and almost crashed into a passing motorist. Multiple drivers called 911 to report his driving.
Waters swerved and hit the curb before over-correcting and swerving to his left. He crossed over the middle lane and crashed into a vehicle driving in the far left lane. The victim’s vehicle was forced over a planter onto the wrong side of the road, where it came to a stop facing northbound in the southbound lanes.
The defendant drove forward for a short distance before coming to a stop. OCSD deputies arrived at the scene and contacted the California Highway Patrol (CHP) to investigate. CHP officers contacted Waters at the scene. The defendant displayed objective signs of drug intoxication including slurred speech, a lack of balance, and trouble following directions. Waters is accused of being impaired while driving and under the influence of prescription drugs Zolpidem and Hydrocodone. He was arrested at the scene. He was later released pending further investigation.
The 78-year-old female victim, the passenger in that vehicle, was transported to the hospital and sustained injuries to her back, for which she later had surgery.
Original Drug Charges
During the driving under the influence investigation, detectives also began investigating Waters for drug-related charges. On April 15, 2010, and April 30, 2010, Waters met a friend after arranging to receive Opana and Oxycontin from her in exchange for money and cocaine. He provided the friend with a fake white powdery substance under the false pretense that it was cocaine.
OCSD arrested Waters June 9, 2010. The driving under the influence case was investigated by CHP and the drug cases were investigated by OCSD.
Deputy District Attorney Brock Zimmon of the Special Prosecutions Unit is prosecuting this case.