Complainant is Maple Grove Police Department Detective Dominic Wareham. Complainant states that on June 7, 2025, at approximately 1:46pm, officers responded to the parking lot of Five Below in the city of Maple Grove, Hennepin County, Minnesota, due to a report of a driver that was slumped over in the driver's seat of his vehicle. Upon arrival, officers observed that the vehicle was on and running and there was a lone male in the driver's seat. The driver, later identified as NICHOLAS JAMES STUSYNSKI [DOB REDACTED], appeared to be unconscious and was slumped over.
Officers knocked on the windows loudly to rouse STUSYNSKI, who eventually came to and looked at officers. Officers requested STUSYNSKI to shut the vehicle off and exit, which he complied. Officers observed STUSYNSKI appeared dazed and confused, spoke slowly, had lethargic movements, and had bloodshot eyes. Officers observed burned tinfoil inside the driver's area between the driver's seat and the doorway. STUSYNSKI stated that he was on his way to the tile shop. Officers requested STUSYNSKI to participate in Standardized Field Sobriety Tests (SFSTs) and he agreed.
During HGN, officers observed STUSYNSKI had lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and nystagmus onset prior to 45 degrees in both eyes. During the walk and turn test, officers observed STUSYNSKI had to correct his stance during the instruction phase, counted his first step as one and two, swayed to keep balance, and shifted his feet to face the other direction during the turn. On the one leg stand, officers observed STUSYNSKI had to be reminded of instructions and slowly counted to 18 over the course of approximately 30 seconds.
STUSYNSKI provided a PBT sample of.000 BAC, which is consistent with suspected drug impairment. STUSYNSKI was placed under arrest and a search incident to arrest recovered his wallet along with a burned piece of tinfoil, and a piece of tinfoil that was folded up, which was located in his front pocket. Upon unfolding the tinfoil, officers recovered about.28 grams of a hardened white powedered substance, which was collected and entered into evidence to be sent for testing. Officers obtained a search warrant for blood or urine for STUSYNSKI and transported him to the Maple Grove Hospital.
STUSYNSKI was advised of the warrant and he refused to give a sample. STUSYNSKI was informed that refusal constituted a crime and he again refused to give a sample. The BCA report on the examination of physical evidence revealed that the white powdered substance was.165 +/-.022 grams of fentanyl. STUSYNSKI has a previous DWI conviction from April of 2025 (••-CR-••-••••), and a stay of adjudication on a 5th Degree possession charge from February of 2025 (••-CR-••-••••).
