Man charged with spitting on officer
Wednesday, April 19, 2017 3:02 PM
A Madison man remains jailed on a $5,000 bond for spitting on and resisting officers this weekend after police noticed him driving at a high speed just before a crash on Mulberry Street.
Clinton A. Toland, 41, faces a Level 5 felony count of battery with bodily fluid or waste infected with HIV, hepatitis or tuberculosis on a public safety official; five Level 6 felony counts of intimidation; Level 6 felony counts of battery against a public safety official resulting in bodily injury and operating a vehicle while intoxicated, and a misdemeanor count of resisting law enforcement. Prosecutors filed the charges Monday in Jefferson Superior Court.
Madison Police Lieutenant Derk Napier had been sitting in his patrol vehicle in the police parking lot around 12:20 a.m. Sunday when he noticed a Jeep Wrangler drive south on West Street at a high rate of speed. Napier attempted to follow the vehicle, the probable cause affidavit stated. Toland eventually drove onto the concrete curb in the city’s parking lot before coming to a rest against a parked car. Toland exited the driver’s side of the vehicle and stumbled toward the back of the Jeep before steadying himself against a nearby tree.
Napier noticed a strong odor of alcohol on Toland. The officer noted the man’s balance was poor, he had watery and bloodshot eyes and Toland’s speech was slurred when speaking with the officer. Police also noted Toland was verbally abusive and vulgar, the affidavit stated.
Toland refused to perform standardized field sobriety tests and also refused to consent to a breath test. He was detained and transported to the Jefferson County Jail while officers applied for and later received a search warrant for a blood draw.
Police transported Toland to King’s Daughters’ Hospital for a blood draw, but police said he became even more verbally abusive and refused to cooperate with KDH staff for a blood draw. Napier reported the man “directly and deliberately” spit in the face of Jefferson County Sheriff’s Deputy Josh Cochran.
Officers placed a spit hood on Toland and restrained him while KDH staff drew blood. Toland also spoke directly to each and every officer present while at the hospital and said he was “going to take care of them when he got out,” the affidavit stated.
During transport back to the jail, Toland continued to verbally assault and threaten Napier. At one point, Toland bit Napier’s hand, but the officer was able to pull away before Toland completely bit down. Toland attempted to bite the officer a second time, but the officer pushed Toland away. The man lunged toward Napier, which caused the officer’s thumb to pop and fold back.
Two officers transported the man to the jail due to Toland’s continued struggling and fighting against restraints. The affidavit stated the man also threatened a jail officer after arriving at the jail.
Court records showed Toland faces an enhanced charge for operating while intoxicated after being convicted of operating while intoxicated in a 2015 case.
Toland appeared Monday afternoon for an initial hearing in Jefferson Superior Court where he entered a preliminary plea of not guilty to the charges. The Court set bond at $5,000 cash only due to Toland being out of jail on $1,000 bond in a pending 2016 case also involving charges of operating while intoxicated and disorderly conduct.
Toland remains jailed following Monday’s hearing.