News and Tribune

Police & Fire News

December 19, 2012

Floyd County deputy coroner charged by prosecutors

Howard Rainey faces charges in third drunken driving incident in recent years

NEW ALBANY — The Office of the Floyd County Prosecutor issued drunken driving charges against Floyd County Deputy Coroner Howard J. Rainey on Tuesday.

Rainey, 53, of 1217 E. Spring St. in New Albany, was arrested following a traffic stop made by an Indiana State Police Trooper about 1:30 a.m. Sunday.

During his arrest, Rainey was preliminarily charged with operating a vehicle while intoxicated, a class C misdemeanor, operating a vehicle while intoxicated with a Blood Alcohol Content of .15 or more, a class A misdemeanor, operating a vehicle while intoxicated — prior, a class D felony, and public intoxication, a class B misdemeanor. After prosecutors received the case, the charges were modified to operating a vehicle while intoxicated — prior,  a class D felony, and operating a vehicle with an ACE (alcohol concentration equivalent) of .15 or more, a class A misdemeanor.

Rainey’s previous drunken driving conviction referenced by prosecutors in the D felony charge occurred in Jefferson County in July 2008. According to court documents, Rainey was also convicted of operating a vehicle with an ACE of .08 or more in Floyd County in August 2009.

According to the probable-cause affidavit drafted by the arresting ISP trooper Sunday, Rainey was pulled over after the trooper saw the Chevrolet Suburban Rainey was driving cross the roadway’s center line with both driver’s-side tires near the intersection of Main and Ninth streets. After the stop was made, the trooper noted Rainey showed signs of impairment soon after their initial exchange.

“Rainey showed poor manual dexterity while retrieving his driver’s license and actually attempted to hand me his debit card,” the trooper put into the affidavit.

The trooper reported that Rainey said he was coming from Hugh E. Bir’s Cafe, a bar located on Market Street in New Albany. He told the trooper he drank four to five beers at the establishment. The trooper reported that he could smell the odor of alcohol on Rainey’s breath and that he had thick, slow and slurred speech and glassy eyes. According to the affidavit, Rainey failed three field sobriety tests before being taken into custody.

Rainey would later provide a sample BAC of .20 during a test administered at Floyd County Jail.

“Rainey stated that he had a prior arrest for OWI in Floyd County several years ago, but stated that it  was expunged because he had powerful friends,” according to the trooper’s remarks in the affidavit.

Floyd County court records do reflect that Rainey’s arrest record stemming from the 2009 charges were expunged in Floyd County Superior Court No. 2. in 2011. Rainey is slated to appear in Floyd County Superior Court No. 2 for an initial hearing at 9 a.m. Wednesday, Dec. 26.

1
Text Only | Photo Reprints
Police & Fire News
LOCAL MAGAZINES
Easter 2014 photos


Click on any photo to purchase it.

SPECIAL CONTENT
Twitter Updates
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
AP Video
Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow
2013 Photos of the year


Take a look at our most memorable photos from 2013.