Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

Air Force FAIL!  On Leave Air Force member with .186 BAC Gets Charged with Felony Assault on a LEO for giving a Cop a "Double Wet Willy"

Following is the exact language from the Blue Earth, Minnesota Criminal Complaint against Air Force member Riley Swearingen, who was arrested on Saturday, October 18th, 2014 for sneaking up behind a uniformed officer who was engaged in his official duty and giving the cop a "Double Wet Willy", and yes... that's Riley below :

Count 1: 

On or about October 18th 2014, in the County of Blue Earth, said Defendant, Riley Louis Swearingen did physically assault a peace officer when that officer was effecting a lawful arrest or executing any other duty imposed by law and the assault inflicted demonstrable bodily harm or the person intentionally throws or transfers bodily fluids or feces at or unto the officer.

Count II:

On or about October 18th 2014, in the County of Blue Earth, said Defendant, Riley Louis Swearingen did intentionally inflict or attempt to inflict bodily harm upon another.

Count III:

On or about October 18th 2014, in the City of Mankato, County of Blue Earth, said Defendant, Riley Louis Swearingen did, in a public or private place, while intoxicated. conduct himself / herself so as to be a danger to himself ./ herself or others and / or engage in public disruption.

Mankato Department of Public Safety Police Sergeant Adam Gray states that on October 18th, 2014 at approximately 2:19 am, he was on downtown foot patrol in the entertainment district speaking with the driver from the Midnight Express Bus.  Sergeant Gray was verifying the bus driver's cell   phone number so he could contact him if another pick up was needed after hew was making the current drop off.  While speaking with the driver, Sergeant Gray felt two fingertips that were obvious to him as wet with saliva being pushed into his right and left ear canals, which caused pressure and discomfort in his ear canals.  He immediately turned his head to the left and observed a tall white male wearing a white long-sleeved shirt and blue jeans bring his arms and hands down walking away from Sergeant Gray.

The male rejoined another group of individuals, and Sergeant Gray heard him say "I just gave the cop a Wet Willie".  Sergeant Gray immediately proceeded after the make who assaulted him.  He then took hold of his left arm and told him to stop and come with him.  He took hold of his arms and began escorting him down the sidewalk near the bus shelter to separate him from his friends.

Sergeant Gray asked his name and he responded it was Riley.  When asked why he just stuck his fingertips into his ear and gave him a "Wet Willie" Riley replied that it was a joke; and he was sorry.  Sergeant Gray placed Riley under arrest for assaulting him.  Sergeant Gray began to place him in handcuffs, and Riley began to tense his muscles, and Sergeant Gray advised him not to resist or he would be tazed.  Riley was subsequently identified by Minestotsa picture driver license as Riley Louis Swearingen.  While speaking with Swearingen Sergeantr Gray smelled the strong odor of alcoholic beverages and noticed that he displayed signs of impairment.  Swearingen stated that he is in the United States Air Force and that he was currently on active duty home from leave.

Officer Steve Hoppe, who has prior military service, arrived and spoke with Swearingen.  Swearingen then asked Officer Gray why he was doing this to him.  Sergeant Gray asked what would happen if he had done the same thing to a non-commissioned officer or an officer in the military. Swearingen then admitted that it would be a very big deal.  Swearingen then admitted that there was no way that he would do it in the military.  Preliminary breath sample resulted in a reported value of 0.186.

Memo to Riley Louis Swearingen:  You are lucky that you were able to plea your case down to a misdemeanor disruptive intoxication in order to have the felony charge dropped but, as an active military member I suspect that you will still face military justice / discipline for a variety of potential C.M.J. charges, including "conduct unbecoming" (even when on leave you are - you remain - a member of the U.S.A.F., and you are perfectly capable if causing that proud entity disgrace just as easily when you are out of uniform... NOTE that this is not limited to the military and applies to pretty much walks of life / careers).

Further, being a Minnesota resident and bearing the surname "Swearingen" I suspect that you are somehow related to the infamous Al Swearingen, proud proprietor of "The Gem Saloon" and of both Deadwood, South Dakota and U.S. historical fame.  Accordingly, I am betting that he will be waiting to discuss this with you in the afterlife.

Memo to the Folks:  Please don't touch a cop, ever, unless it is a consensual touching.  They don't like it in the moment and you won't like it afterward (both immediately and long-term).