A check of public records on Monday revealed new information concerning the arrest of Lubbock County Constable Carelton Peterson.
Peterson was arrested on May 6 after crashing his pickup truck in the 5400 block of 50th Street. Peterson’s truck hit parked vehicles and there were no reports of injuries.
Peterson was able to post bond to get out of jail on the charge of driving while intoxicated.
It was previously reported that Peterson refused a blood test, and so police obtained a search warrant to take a blood sample.
The warrant said a witness saw the crash.
“[The] witness stated that Carelton [Peterson] attempted to leave multiple times,” the warrant said. “The suspect admitted to me … he had about 5 beers in the last 6 hours, and was driving from the Silver Bullet bar and the suspect had been operating a motor vehicle in a public place…”
It said Peterson also admitted to drinking at Buffalo Springs Lake.
The warrant described Peterson as swaying, staggering, and unsteady. It said there was a strong odor of alcohol on him.
“Carelton advised me that he had ‘messed up real bad’ and that he made a really bad decision.”
The results of the blood test were not included in the warrant.
Lubbock County Commissioner Bill McCay said Peterson remained in office as the Lubbock County Constable for Precinct 4.
On Monday, McCay said the Commissioner’s Court had “no authority” to remove an elected official from office. When asked about the situation last week, the Civil Division of the Lubbock County Criminal District Attorney’s Office said Peterson’s status on the job is a matter between him and the voters.
McCay said Peterson was able to drive using a temporary permit which was confirmed in a police report.
Texas Government Code allows any Texas resident who has lived in Lubbock County for more than six months to file a petition to remove the constable. A judge can grant the petition which then leads to a trial, or the judge can deny the petition.
Anyone filing the petition might be required to post a cash bond in court.
“The petition must set forth the grounds alleged for the removal,” state law says.
Grounds for removal could be incompetency, official misconduct or intoxication while on or off duty.
