Baukol reported he heard Guetter telling Padilla to "stay there" when he arrived at the scene. Both officers reported smelling a strong odor of alcohol. Baukol also reported he attempted to get a state trooper, a deputy from Blue Earth County or a North Mankato police officer to take over the incident to avoid a conflict of interest, but he was told no one was available.
Padilla allegedly refused to perform any field sobriety tests and declined to submit to a preliminary breath test. He was taken to the North Mankato Police Department to be processed for driving while intoxicated and was given the opportunity to contact an attorney. Padilla was later taken to the Mayo Clinic Health System in Mankato where a blood sample was taken.
The results from the test were returned Dec. 13 and showed Padilla had a .20 BAC when the blood was drawn. Since the blood had been drawn later than two hours after Padilla's arrest, St. Peter City Attorney James Brandt also asked a Bureau of Criminal Apprehension expert to provide an estimate of what Padilla's blood concentration was within that two-hour time frame. The BCA scientist estimated Padilla's BAC was between .22 and .23, the complaint said.
Last week Brandt said he had completed the paperwork for the charges, but he had to have the complaint signed by Baukol before it could be filed. The criminal complaint was signed by Brandt on Jan. 9.
The charges against Padilla include two gross misdemeanor counts of third-degree driving while intoxicated with an aggravating factor, two misdemeanor counts of driving while intoxicated and one misdemeanor count each of fleeing an officer on foot and obstructing the legal process.
Padilla has declined requests to comment about the situation or charges. He is scheduled to make his first court appearance Feb. 20.