Local 22 year old convicted of OWI in June, arrested July 5 on charges of OWI

ABC 57

ELKHART COUNTY, Ind. -- A local man will likely not be behind the wheel anytime soon after he was convicted of Operating While Intoxicated on June 12, and then arrested for OWI again on July 5 in Elkhart County.

Authorities say 22-year-old Marcus Lee Wagner III will be in court on July 18 for his first hearing in his second OWI charge in as many months.

Wagner was allegedly driving upwards of 75 mph in a 35 mph zone around 4:32 a.m. on the morning of Saturday, July 5. 

"It should be noted, I had accelerated in excess of 82 mph to catch up to the vehicle and it still continued to travel westbound on W. Hively Avenue without signs of stopping or trying to pull over," the arresting officer reported. 

The officer in pursuit stated that he witness Wagner throw a clear liquid out the passenger's side window from the driver's seat during the pursuit. 

"We approached the roundabout intersection of W. Hively Ave. and Oakland Ave. and the silver Toyota continued [on] W. Hively Ave at a high rate of speed. After the silver Toyota continued through the roundabout, it went left of centerline and attempted to accelerate away from me. It then over corrected to the right and hit the curb."

That is when Wagner decided to pull over.

After initially cooperating with the arresting officer, Wagner became combative and was pepper sprayed before being taken to the hospital for a blood draw. 

The results of the blood test have not been released.

Stemming from his July 5 arrest, Wagner is charged with:

  • Operating a Vehicle While Intoxicated: Endangering a Person-Prior Within 7 Yr - Level 6 Felony
  • Resisting Law Enforcement-uses a vehicle - Level 6 Felony
  • Battery by Bodily Waste; Victim is Public Safety Officer - Level 6 Felony
  • Battery by Bodily Waste; Victim is Public Safety Officer - Level 6 Felony
  • Driving While Suspended: Knowing Violation and Prior Conviction w/in 10 Years - Misdemeanor

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