Orange County District Attorney
Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
For Immediate Release
July 1, 2011
Susan Kang Schroeder
OFF-DUTY OCSD DEPUTY SENTENCED TO TWO YEARS AND EIGHT MONTHS IN PRISON FOR DRIVING UNDER THE INFLUENCE OF PRESCRIPTION DRUGS AND CAUSING CAR CRASH INJURING
*Defendant’s previous sentencing offer was revoked after he appeared in court drunk
SANTA ANA – An off-duty Orange County Sheriff’s deputy was sentenced today to two years and eight months in state prison for driving while under the influence of prescription drugs and crashing into and injuring a 78-year-old woman. This was the second sentencing hearing for the defendant, who was previously facing a maximum of 16 months in state prison but had the sentencing offer revoked after appearing in court under the influence of alcohol.
Allan James Waters, 38, Laguna Niguel, pleaded guilty to the court April 7, 2011, 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. Based on this plea, Waters, who was out of custody at the time on $100,000 bail, was expected to be sentenced to a maximum of 16 months in state prison on June 10, 2011.
On June 10, 2011, Waters appeared in court for his scheduled sentencing. Prior to the sentencing, Orange County Sheriff’s Department (OCSD) court bailiffs observed that Waters was displaying objective signs of alcohol intoxication including unsteady balance and emitting an odor of alcohol. As a term of Waters’ previously-posted $100,000 bail, the defendant was prohibited from consuming any alcohol. The People subsequently requested an increase in bail and Waters was taken back into custody on $250,000 bail. The court determined that the defendant was not fit to be sentenced at that time and Waters’ sentencing date was continued. No additional charges were filed for this incident, as the level of intoxication did not rise to the legal standard for a criminal filing.
Waters has been in custody since June 10, 2011. At his continued sentencing today, July 1, 2011, the Honorable Frank Fasel withdrew his previous sentencing offer of 16 months in state prison based on the defendant’s conduct at the previous hearing and out of concern for public safety. The court made a new sentencing offer of two years and eight months in state prison and notified Waters that the defendant had the right to change his plea back to “not guilty” based on the change in the sentencing offer. Waters accepted the court’s new offer and was sentenced at the hearing this morning.
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 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 prosecuted this case.