The 55-year-old was arrested by a state trooper at 1:41 a.m. May 24, 2018 following a confrontation with the trooper and Lake Ozark police officers during a traffic stop. Prewitt was a passenger in the vehicle that was pulled over.
An Eldon man is facing misdemeanor assault charges after an incident with police on Bagnell Dam Blvd. last week.
Gary D. Prewitt has been charged with misdemeanor fourth degree assault of a special victim, misdemeanor fourth degree assault and an infraction for failure to use a seatbelt. The 55-year-old was arrested by a state trooper at 1:41 a.m. May 24, 2018 following a confrontation with the trooper and Lake Ozark police officers during a traffic stop near Ballenger Road at 1:27 a.m. Prewitt was a passenger in the vehicle.
The state trooper requested felony assault and felony resisting arrest charges as well as refusal to obey a law enforcement officer and failure to use a seatbelt, but only misdemeanor charges were filed.
According to the probable cause statement filed with the Miller County Associate Circuit Court, the trooper pulled over a Lexus traveling south that was allegedly going 30 mph in a 25 mph zone. The vehicle pulled over into a nearby parking lot.
Three males were inside the vehicle. The front seat passenger was Prewitt.
The trooper stated in the court document that he smelled a strong odor of alcohol coming from inside the vehicle and requested the driver’s licenses of both the driver and Prewitt after observing that Prewitt was not wearing a seatbelt.
While back inside the patrol vehicle, the trooper said he observed Prewitt beginning to get out of the Lexus. Exiting the patrol vehicle, the trooper said he commanded Prewitt get back inside the Lexus, asking him multiple times. The trooper said Prewitt responded, reportedly slurring his words, and was difficult to understand. Prewitt reportedly said, “Are you serious?” but eventually complied and got back in the Lexus.
The trooper said he then radioed for non-emergency backup from the Lake Ozark Police Department.
At 1:36 a.m. two Lake Ozark police officers arrived on scene. While finishing up Prewitt’s citation for failure to wear his seatbelt, Prewitt reportedly attempted to leave the Lexus again. The trooper stated in the court document that he was concerned about Prewitt walking near traffic while appearing to be highly impaired. At that time, the three law enforcement officers approached Prewitt telling him to get back inside the vehicle, but he reportedly kept trying to walk away.
Prewitt walked toward one of the Lake Ozark officers who reportedly placed his hand on Prewitt’s chest and advised Prewitt that he needed to comply with their commands or he was going to be handcuffed and detained.
According to the court document, Prewitt allegedly stated, “You listen to me, do not grab me like that. I will, in f@#$%^& ten minutes, maybe five. Who the f@#$ are you?”
The Lake Ozark officer told Prewitt to turn around and place his hands behind his back.
In the court document, Prewitt allegedly became aggressive, shoving the officer who then grabbed Prewitt.
The court document alleges Prewitt began shoving and actively throwing closed fists at the officer. The other Lake Ozark officer stepped in to assist in detaining Prewitt, and the second officer was allegedly struck in the side of the head by Prewitt’s closed fist. According to the probable cause statement, Prewitt continued to resist and failed to comply with any and all commands.
The first Lake Ozark officer then performed a “leg sweep” and took Prewitt to the ground.
Prewitt reportedly stated, “F@#$ you, f@#$ you motherf@#$%^,” while allegedly continuing to resist by tucking his arms into the center of his body.
The three officers together placed Prewitt in handcuffs after which he was reportedly checked out by EMS and was transported to Lake Regional Hospital.
The court document alleges that Prewitt continue to be belligerent and make threatening statement toward law enforcement officers and Lake Regional medical staff.