BRADENTON, Fla — Sound in body camera footage, including what Manatee County Commissioner George Kruse said to a law enforcement officer during a suspected DUI crash, will not be used during trial, a judge ruled in January.
This decision comes after Kruse's attorney filed a request in December to suppress his statements, which also includes footage from a body camera worn by the lieutenant.
While the audio will not be used, Manatee County Judge Erika Quartermain ruled, the video without the referenced suppressed statements and other non-testimonial evidence regarding Kruse is allowed, according to newly filed court documents obtained by 10 Tampa Bay.
Kruse sought to suppress the statements he made to the lieutenant at the scene claiming the statements are protected by the accident report privilege "because the officer did not read Miranda" Rights.
In the motion, Kruse’s attorney argues the lieutenant went from conducting an accident investigation to a criminal investigation without “changing hats.”
The lieutenant “never notified [Kruse] he was conducting a criminal investigation, and never at any time read him his Miranda warnings,” Kruse’s attorney wrote in the filing. “Failure to do so renders any statements inadmissible in a criminal prosecution.”
Quartermaine acknowledged Kruse's side, court document read, "Recognizing that law enforcement did not read Miranda or otherwise advise the Defendant that a criminal investigation had begun, the State maintains the accident report privilege does not apply."
The trial is scheduled to begin Wednesday, Feb. 8.
Kruse was charged with driving under the influence in June 2022 after he crashed into a tree in a subdivision near his home on April 20.
Kruse was slurring his words while responding to the questions being thrown at him, according to investigators. An incident report described the county commissioner as confused and having "glassy eyes, slurred speech, clammy wet skin, and droopy eyelids."
An incident report states two different reasons for the crash — Kruse originally told law enforcement he was attempting to avoid a crash with another driver, but authorities said he told his insurance company he swerved to avoid an animal in the roadway.
Editor's note: This story has been updated to reflect the trial begins Wednesday, Feb. 8. Jurors were called for Monday, Feb. 6.