On May 1, 2026 at approximately 2212 hours, Washington County Sheriff's Deputy Freeman was in the area of Highway 36 eastbound, between Demontreville Trail and Keats Avenue in Washington County, running stationary radar speed enforcement. At that time, a vehicle passed by him traveling at a speed of 79 miles per hour. Deputy Freeman initiated a traffic stop on the vehicle and pulled the vehicle over just east of Keats Avenue. He made contact with the driver, identified as THOMAS ELWOOD HEINZE [DOB REDACTED]. While speaking with Heinze and asking him for his identification and proof of insurance, Deputy Freeman observed that Heinze had slurred speech, watery and glossy eyes, and that there was an odor of consumed alcoholic beverage coming from him.
He asked Heinze if he had anything to drink and Heinze said he had consumed three beers. Deputy Freeman had Heinze exit the car and ran him through field sobriety tests. Heinze performed poorly on the field sobriety tests, showing indicia of intoxication on the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. Deputy Freeman administered a preliminary breath test on Heinze and it showed that his blood alcohol content was.139. Deputy Freeman then advised Heinze that he was under arrest, handcuffed him, and began to search him incident to arrest.
Heinze then became argumentative, spun around and tried to pull out of Deputy Freeman's grasp. Hen then extended his chest out and began pushing toward Deputy Freeman and tried to wrap his legs around Deputy Freeman's legs in attempt to trap Deputy Freeman into him. Deputy Freeman asked for assistance from other squad cars. While waiting for more squads, Heinze told Deputy Freeman that he could have fought him and that it would take "everyone" to get him to stop. He also said that he should have fought with Deputy Freeman because then Freeman would be in the ditch with his "handcuffs around [Deputy Freeman's] neck." Due to Heinze's demeanor and tone, Deputy Freeman took that threat seriously, and believed that, had Heinze not already been in handcuffs, he was capable of causing harm to Deputy Freeman.
Officers from the Oak Park Heights Police Department arrived and assisted Deputy Freeman while he continued to search Heinze incident to arrest. During this time, Heinze continued to push against the officers and tried to pull away. While doing this, Deputy Freeman saw that he had both hands around Deputy Freeman's taser handle. Deputy Freeman advised Heinze to let go of his taser, but Heinze ignored him and continued to hold on to the taser. Deputy Freeman delivered multiple strikes to his thigh, using a closed fist and Heinze eventually let go of the taser handle.
Heinze was transported to the Washington County Adult Detention Center, where Deputy Freeman read him the breath test advisory. He advised Heinze that he would give him time to contact an attorney. Heinze said he would need to contact his wife to get the number. Heinze attempted to call his wife, but she did not answer. Deputy Freeman then asked him if he would like help looking through the phone books for an attorney. Heinze declined, saying that he no longer would do anything and that he "refused." When asked if he would take the breath test, he remained silent and would not provide an answer to the breath test or to the reason why he was refusing.
