Police say man showed up intoxicated at school to pick up children

Published 4:40 pm Thursday, April 13, 2017

A Carter County man faces multiple charges after police say he showed up at a local school under the influence of an intoxicant and attempted to pick up two children.

Carter County Sheriff’s Office Deputy Salvatore Caccamo arrested Kevin Graham, 30, 148 Vanover Road, Johnson City, on Wednesday and charged him with third offense driving under the influence, third offense driving on a revoked license, and violation of the implied consent law.

Around 2 p.m. on Wednesday, Caccamo said school officials at Valley Forge Elementary advised him there was a suspicious man inside the school who was attempting to pick up two children from the school. School officials told officers the man was “acting very tired and was off balance,” Caccamo said.

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When officers arrived at the school, they spoke with the man, later identified as Graham, who told them he had driven to the school to pick up the children.

Officers administered a series of field sobriety tests to Graham, who performed poorly and at one point lost his balance and fell, Caccamo said.

“Mr. Graham was in possession of his vehicle keys and stated multiple times that he had driven his vehicle to the school to pick up (the children),” Caccamo said. When officers checked the status of Graham’s driver’s license, Caccamo said they learned Graham’s license had been revoked due to two previous convictions for driving under the influence.

Officers arrested Graham and transported him to the Carter County Detention Center. Once at the jail, medical staff attempted to draw blood for tests to determine if any alcohol or drugs were present in Graham’s system but they were unable to collect a sample.

Caccamo said he told Graham he would be taken to a local hospital for a blood sample to be collected and Graham refused any further testing.

Graham appeared in Carter County General Sessions Court on Thursday morning. Judge Keith Bowers Jr. set Graham’s bond at $2,000 and set as a condition of his bond that he be outfitted with a transdermal ankle bracelet monitoring device in order to be released from jail. Bowers scheduled Graham to return to court on May 23 with an attorney.

Under state law, a “transdermal monitoring device” is defined as “any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person’s skin at least once per one-half hour regardless of the person’s location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.”

In 2014, state legislators passed a law that allows the court to order transdermal monitoring devices, or another alternative monitoring device, as a condition of pretrial diversion, parole, probation or DUI probation if it is the opinion of the District Attorney General, parole board or court that the defendant’s use of alcohol or drugs was a contributing factor to the defendant’s unlawful conduct.

In 2016, the Legislature passed a law, which went into effect on July 1, that allows judges to order monitoring devices for defendants charged with driving under the influence, vehicular assault, aggravated vehicular assault, vehicular homicide or aggravated vehicular homicide. The new law states that when a court is determining the amount and conditions of bail for a defendant charged with any of those offenses “the court shall consider the use of special conditions for the defendant” including the use of transdermal or other monitoring devices. However, if the defendant has one or more prior convictions of driving under the influence, vehicular assault, aggravated vehicular assault, vehicular homicide or aggravated vehicular homicide on their record, state law says “the court shall impose the use of special conditions for the defendant” including the use of transdermal or other monitoring devices.