Missoula, MT (KGVO-AM News) - On May 16, 2024, a Missoula Police Department Officer responded to the Walmart on Mullan Road for a report of an elderly male in a truck who had been there all night and day. The officer responded at approximately 2:25 PM and located the vehicle in the parking lot.  

As he approached the vehicle, the officer observed a male in the driver’s seat with a yellow tint on his skin. The driver’s head was facing down with his chin on his chest. The officer saw no movement but then saw the driver blinking while looking down at his lap. The officer also saw dried vomit down the driver’s side door and an open alcoholic beverage between the driver’s legs.  

The officer informed the driver that he was called to conduct a welfare check and later identified him as 54-year-old Nicholas Smalley. The officer asked Smalley about the open container. Smalley acknowledged it and stated, “Yeah but private property” and waved his hand in a dismissive manner. 

As the officer stood by the driver’s side door, he noticed an overwhelming odor of feces and body odor coming from the vehicle. Based on his training and experience, the officer knew it was not uncommon for heavily intoxicated individuals to experience a loss of bowel control.  

The officer also learned that Smalley is on pretrial supervision for a pending DUI offense. The officer noticed Smalley’s eyes were watery and bloodshot and his face was pale. The officer asked Smalley to step out of the vehicle so he could check for signs of impairment, but Smalley denied being in actual physical control of the motor vehicle, stating “I’m not goin’ anywhere.”  

READ MORE: Missoula News – Crime Reports 

Smalley stated he couldn’t stand up or walk due to physical limitations and requested that his wheelchair be retrieved from the back of his truck. Smalley agreed to undergo the Horizontal Gaze Nystagmus test while seated in his truck. The officer observed six out of six possible clues of impairment. The officer did not ask Smalley to perform the Walk and Turn or One Leg Stand tests due to his physical limitations. 

Smalley refused to provide a preliminary breath test. The officer arrested Smalley with the assistance of another officer. The officer read Smalley the Implied Consent Advisory and subsequently obtained a warrant for Smalley’s blood. Smalley was transported to Saint Patrick’s Hospital where a blood draw was performed. The blood samples have been submitted to the Montana State Crime Lab for further analysis. 

Then Smalley was transported to the Missoula County Detention Facility. He is currently being charged with felony DUI. According to court documents, Smalley has at least four prior DUI convictions.  

The information in this article was obtained from sources that are publicly viewable. 

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