On March 18, 2026, at about 4:49 P.M., Trooper Zavala of the Minnesota State Patrol was traveling westbound on Highway 14 near West Circle Drive in Rochester, Olmsted County, Minnesota. At that time, Trooper Zavala observed a Toyota vehicle that crashed into the cable median barrier. Upon approach, Trooper Zavala observed a male standing at the rear of the vehicle and on the phone. Trooper Zavala made contact with the male later identified as Adam Joseph Keith Wharton [DOB REDACTED]. While speaking with Wharton, Trooper Zavala smelled a strong odor of an alcoholic beverage.
Trooper Zavala noticed Wharton’s eyes were glassy and watery and he had a slurred speech. When asked his driver’s license, Wharton stated he only had an ID. Trooper Zavala asked Wharton where he was coming from. Wharton stated he just got home from work. He stated he went to his work office and had a beer. Trooper Zavala administered standardized field sobriety tests to Wharton and observed additional signs of impairment. During the Horizontal Gaze Nystagmus test, Trooper Zavala observed 6 clues.
During the Walk and Turn test, Trooper Zavala observed 7 clues. Wharton stepped out of position and could not keep his balance. He used his arms for balance and made wrong number of steps. During the One Leg Stand test, Trooper Zavala observed 2 clues. While Trooper Zavala was preparing the preliminary breath test device, Wharton fled from the troopers into oncoming traffic. He ran across the highway and fell into a ditch in the snow. Wharton was taken into custody and transported to the Olmsted County Adult Detention Center.
At the ADC, Trooper Zavala read the Minnesota Breath Test Advisory to Wharton. He stated he understood and wished to speak with an attorney. Wharton was provided with directories and phone for his attorney time. Wharton provided a breath sample and the results showed his blood alcohol content was 0.13 at 6:29 P.M. Troopers found 9 mini bottles of liquor buried in the snow by the driver's door. Seven of the bottles were empty and two were unopened. Wharton was previously convicted of a felony first degree DWI on 12/22/2016 Court File Number 55-CR- 16-37. PLEASE TAKE NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS CASE. FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT IN ADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED IN MINNESOTA STATUTES SECTION 609.49.