On March 29, 2026, at approximately 7:33 P.M., Deputy Beaver of the Mower County Sheriff’s Office was dispatched to [ADDRESS REDACTED] South in the City of LeRoy, County of Mower, on a report of a trespassing complaint. The tenant, who was in the hospital, requested that her guest, EBERARDO GONZALEZ, DOB/111486, the defendant herein, be trespassed from her apartment. Deputy Beaver arrived at the apartment and spoke with the defendant. Beaver advised the defendant that the tenant wanted him to leave her apartment.
The defendant was argumentative but ultimately agreed to leave the apartment. While speaking with the defendant, Beaver observed the defendant to show signs of intoxication including odor of alcohol, poor balance and coordination, slurred speech, and bloodshot/watery eyes. The defendant left the apartment and walked to a white 2016 Chrysler Town and Country that was parked by the apartment. The defendant had the keys to the van, unlocked it, and placed some items inside. The defendant then hopped into the driver’s seat.
Deputy Beaver knew the defendant’s driving privileges were cancelled-inimical to public safety. Deputy Beaver instructed the defendant not to drive and not to put the keys in the ignition as he did not have a valid driver’s license and was intoxicated. Beaver offered the defendant a ride and the defendant asked to be dropped off at a residence in LeRoy. When Beaver dropped the defendant off, he again instructed the defendant not to return to the vehicle and drive as he was not valid and was intoxicated.
The defendant asked the deputy if he was going to “spy” on him. Beaver said, “yes.” Deputy Beaver then left the area and relocated near the apartment within eyesight of the van. Approximately twenty minutes later, Beaver observed someone was in the van and drove it away from the apartment complex. Deputy Beaver followed the van as it traveled northbound on Mather Street. Beaver observed the van veer to the right while driving. The van stopped at the stop sign at Highway 56 and proceeded northbound.
The van then turned right onto West Luella Street without signaling the turn. Beaver activated his emergency lights. The van then turned north onto Broadway Street and then turned right on East Benton Street. As it made the turn, Beaver observed the van driving onto the curb. The van then came to a stop and started backing up towards Beaver’s squad. The van stopped before making contact with Beaver’s squad. Deputy Beaver approached the driver and observed it to be the defendant. Beaver asked the defendant to exit the vehicle and perform the following field sobriety tests: Horizontal Gaze Nystagmus, fail; Walk and Turn, fail; One Leg Stand, defendant unable to perform; and P. B. T., result of 0.234. The defendant was placed under arrest and later transported to the Mower County Jail.
During the search of the vehicle, Deputy Beaver located an open container of Mickey’s Fine Malt Liquor on the floor close by the front passenger seat within reaching distance of the driver. Beaver observed the contents to be that of an alcoholic beverage and poured out its remaining contents. At the jail, Deputy Beaver read the defendant the Breath Test Advisory. The defendant stated that he did not understand because he was mentally challenged and “mentally retarded.” The defendant then requested attorney time and wanted the deputy to leave the room.