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Shelburn man charged with OWI after officers find him asleep in running vehicle at Jasonville Casey's

A 39-year-old Shelburn man is scheduled to appear in Greene Superior Court on Aug. 20 for an initial hearing after authorities allege they found him asleep behind the wheel of a running vehicle in a Casey's parking lot while intoxicated.

Derek Weir faces a preliminary Class C misdemeanor charge of operating a vehicle while intoxicated.

According to a probable cause affidavit, Jasonville Police Officer John Pease was on routine patrol shortly after 3 a.m. Aug. 8 when he observed a Jeep Wrangler traveling well below the posted speed limit on Main Street before turning into Casey's at what appeared to be approximately 5 mph.

Pease reported watching the vehicle park along the side of the building, where it remained with its headlights on and engine running. The driver stayed inside the vehicle for approximately 40 minutes, appearing to be asleep, according to the affidavit.

After Casey's employees confirmed a pizza order for "David Weir" had been ready since about 3:04 a.m., Pease requested assistance from the Greene County Sheriff's Office to conduct a welfare check.

When officers approached the vehicle and woke the driver, they identified him as Derek Weir. Investigators reported smelling the odor of an alcoholic beverage coming from the vehicle and observed Weir had watery, bloodshot eyes.

According to court documents, Weir admitted he had been drinking. Deputies also reported he stumbled slightly while exiting the Jeep, swayed while standing and was unsteady on his feet.

Greene County Sheriff's Deputy Brayden DeMier administered standardized field sobriety tests. According to the affidavit, Weir exhibited three of eight clues on the walk-and-turn test, showed signs of impairment during the one-leg stand test and displayed six of six clues on the horizontal gaze nystagmus test.

Authorities said Weir refused both a portable breath test and a chemical test after being advised of Indiana's implied consent law. Investigators then obtained a search warrant for a blood draw, which was signed by Greene Superior Court Judge Dena Martin at 4:49 a.m.

A blood sample was collected at Greene County General Hospital before Weir was transported to the Greene County Jail.