Police: Assemblyman Van Tran disrupted DUI investigation
Tran says he was simply asking a sergeant a question and not interfering, but police say the assemblyman arrived at scene of Councilman Andy Quach's accident, referred to himself at Quach's lawyer and interrupted officers despite repeated warnings.
By DEEPA BHARATH
The Orange County Register
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California State A
ssemblyman Van Tran votes on the assembly floor in the capitol building in Sacramento. MARK AVERY,
WESTMINSTER – Assemblyman Van Tran was so disruptive at the scene of the police investigation into Councilman Andy Quach's car crash that a sergeant had to threaten him with arrest to get him to stay away, according to incident transcripts released today by the police chief.
Tran said today that he was at the scene because Quach called him and asked that he come, but said he did not interfere in any way.
The Westminster councilman early Sunday morning clipped another car and crashed into a power pole, knocking out power to about 300 homes in his city. Quach has since been charged with misdemeanor drunken driving and driving with a blood alcohol of over 0.20 percent. His blood alcohol at the time was 0.26 percent – more than three times the legal limit.
The Westminster Police Department has been criticized by several community bloggers for failing to release complete information about the accident. Bloggers have also asked why information about another vehicle was not released earlier.
They have also raised questions about whether Quach was the sole occupant of the black Mercedes or whether Tran was riding with him.
Police Chief Andy Hall said he wanted to clarify those issues by releasing transcripts of the incident and giving a detailed account of how his officers handled the case.
The chief said Assemblyman Tran arrived about 13 minutes after the accident.
"I'm with Andy," Tran told police. "I'm his lawyer."
Tran showed no signs of injury or of having been in an accident, Hall said.
Tran was told to step back and away from the scene. Although he complied briefly, he stepped back in and a sergeant had to tell him one more time to stand back, Hall said.
Two minutes later, Hall said, Tran approached the officers one more time and distracted Quach to the extent that it interrupted the field sobriety test that was being administered by a DUI expert.
According to the transcript of recordings made by police that day, the sergeant told Tran: "Sir, I've asked you to back up over there."
"I'm his lawyer," Tran told the officer.
"I don't care who you are, you need to back up over there," the sergeant told Tran. "I understand you're his attorney but you are interfering. You need to stand over there. If you come back over here, I'm going to have you arrested."
Tran complied with the sergeant's directions and did not interfere after that, Hall said. However, he remained at the scene until Quach was placed under arrest and taken to the Westminster Police Department.
Tran said in a written statement that he was there because "my friend was involved in a very serious accident."
"In attempting to get more information, the on-duty officer asked me to step back," Tran wrote."With respect, I disagree with the claim that my attempting to talk with the sergeant and asking him a simple question was 'interfering' in any way."
The assemblyman said he was at home and came to the scene because Quach called Tran, who is well known as his friend and mentor, seeking his help.
It was a tension-filled accident scene with exposed power lines and the car on fire, Tran said.
"When I arrived I did not have any idea what was going on," he said. "…I went up to (Quach) to see if he was OK. The sergeant then told me they were interviewing him."
Tran said the sergeant was not conducting any field sobriety tests at the time.
"I was standing off to the side," Tran said. "I did not identify myself as a member of the Legislature. When the sergeant became upset with my attempt to ask a question, I stepped back.""We were not trying to cover up"
Hall said his officers acted professionally and treated Quach just as they would have treated any other DUI suspect.
He said a police officer arrived at the scene at 12:12 a.m., two minutes after the call came in. The first officer on scene saw Quach still sitting in the car, dazed, with airbags deployed, Hall said.
Quach had clipped another car with three people in it before crashing into a power pole and a block wall. The driver of the other car, who was not injured, told officers that Quach was the sole occupant of the Mercedes S550, Hall said.
Hall said the first responding officer called for assistance and helped Quach out of the car and even as she did so, the engine compartment of the car caught on fire.
Hall said Quach remained under observation, but the officers were focused on addressing public safety issues such as the fire in the engine compartment and power lines sagging under the weight of the severed Southern California Edison pole.
At this time, Quach was using his cell phone, Hall said.
"He was told to put the phone away," the chief said. "But when he did not, one of our officers took it from him and held it for him."
The DUI investigation began at 12:15 a.m. with field sobriety tests, Hall said.
Hall said his officers did their job impartially and thoroughly.
"They knew right away that he was a councilman and tried to be respectful with their demeanor," he said. "They called him 'sir.' The only courtesy we gave him was we released him from the jail in two hours. We usually hold DUI suspects for four hours."
Quach left with his attorney, Bart Kasperowicz, and received no special treatment because of who he is, Hall said.
He said Quach did not attempt to use his council position to intimidate officers. Instead, he told officers that he understood they had a job to do, Hall said.
Hall said the police department did not release information about Quach hitting the other car because of an internal miscommunication.
"As soon as we found out Monday about the other car, we updated the media," he said. "We were not trying to cover up anything."Alcohol investigation
Quach was reportedly dining with friends Saturday night at West Coast Seafood Buffet on Beach Boulevard, barely a mile from where the accident occurred.
Phat Nguyen, manager of the restaurant, said Quach left the restaurant with friends before 11 p.m. Nguyen said he had invited Quach and a few others to sample their new menu and to celebrate the liquor license the restaurant had just received.
"But we can serve beer and wine only here, and Andy, as far as I saw, had only a little bit of red wine," he said.
Nguyen said his cooks left at 10 that night and the guests, including Quach, left a little before 11.
"I asked Andy where he was going and he said he didn't get enough to eat at my restaurant, so he was going to go out somewhere else and have dinner," he said. "I don't know where he went after he left my restaurant."
Quach said he left West Coast Buffet to go home and crashed his car on the way.
Hall said police arrested another member of the party at West Coast on suspicion of DUI the same night at Brookhurst Street and McFadden Avenue – two minutes before Quach's accident.
However, that person's blood alcohol level was below the legal limit of 0.08 percent, so he wasn't charged.
Hall said that person told police that he was eating and drinking with friends, including Quach, at West Coast and that they were drinking whiskey. The California Department of Alcohol and Beverage Control is also investigating this incident, Hall said.
Contact the writer: 949-553-2903 or dbharath@ocregister .com
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