On June 21, 2025, at approximately 6:35 P.M., Deputy Sell was traveling southbound on County Road 7 entering the town of Welch, County of Goodhue, State of Minnesota in the 30 MPH zone. At this time, Deputy Sell observed a vehicle, identified as a 2019 Nissan Murano MN registration RUX656, traveling northbound from the County Road 7/Welch Trail intersection at a higher rate of speed above the 30 MPH speed limit. Deputy Sell activated his front radar and it registered the vehicle’s speed at 39 MPH in a 30MPH zone.
Deputy Sell turned his squad car and caught up to the vehicle. As the vehicle approached County Road 7/152nd Ave intersection, Deputy Sell activated his overhead emergency lights and initiated a traffic stop with the vehicle. Deputy Sell approached the vehicle and identified the driver as BERTRAND MARCUS MCALLISTER III [DOB REDACTED] via his license. Deputy Sell advised MCALLISTER of the speed violation and MCALLISTER appeared to be confused about his speed. As Deputy Sell continued talking, MCALLISTER and the passenger, identified as Doris Drusila Barrow, both started explaining that they were looking for a lost key fob from going tubing in Welch.
While speaking with MCALLISTER, Deputy Sell noted MCALLISTER'S eyes were bloodshot/watery and the odor of consumed alcoholic beverage emitted from the vehicle. Deputy Sell noted the odor grew stronger as MCALLISTER spoke. Deputy Sell checked MCALLISTER’s license information and observed his license was valid. Deputy Sell returned to the vehicle and asked MCALLISTER about the consumption of alcohol prior to driving. MCALLISTER stated he had not been drinking and everything Deputy Sell smelled was from Barrow.
MCALLISTER exited the vehicle upon request to perform Standardized Field Sobriety Tests. During the Horizontal Gaze Nystagmus (HGN) test, Deputy Sell observed nystagmus in both eyes during smooth pursuit, at maximum deviation, and prior to 45-degrees. Prior to the Walk and Turn test, MCALLISTER stated he had an injury to his right knee. MCALLISTER agreed he would stand in the starting position and after Deputy Sell instructed and demonstrated the test for him, he could advise if he believed he could perform the test without issue.
As Deputy Sell instructed and demonstrated the test, MCALLISTER was unable to maintain the starting position and started the test as Deputy Sell started giving instructions. Prior to performing the test, MCALLISTER was indecisive in performing the test, citing he was already unable to maintain balance, but he stated he would perform the test anyways. During the test, MCALLISTER took 10 steps down, turned improperly, and took 10 steps back. For the One Leg Stand test, Deputy Sell advised MCALLISTER he could raise either foot off the ground.
