BUFFALO, N.Y. (WKBW) — Former New York State Police Investigator Nathan Pleakis never denied he was drinking behind the wheel of a state-issued vehicle the night he was arrested for driving under the influence of alcohol in June 2022.
The nine-year veteran of the force was en route to training in Pennsylvania when he was spotted driving erratically – twice nearly striking a guardrail and crossing over a double yellow line.
Pleakis was stopped by Pennsylvania State Police who observed at least six Busch Light "pounder" cans on the floor of his car and smelled a strong odor of alcohol.
"I was certain this was a 'Slam Dunk DUl' as soon as I approached the car as it was very apparent the operator was intoxicated," wrote PA State Trooper Aaron Adams in a deposition. "He didn't volunteer that he was a cop, I had to pull it out of him."
A blood test subsequent to the arrest of Pleakis under the suspicion of DUI revealed a 0.21-percent BAC, nearly three times the 0.08-percent limit to drive a car.
Court records show Pleakis sought treatment for alcoholism the day following his arrest. He partially blamed his alcoholism on stress from work.
Despite a police hearing board recommendation that Pleakis be suspended for six months unpaid, he was terminated by former Acting State Police Superintendent Steven Nigrelli.
"It is a blessing there was no accident and nobody was hurt or killed," wrote Nigrelli in his decision. "Here, a member of the New York State Police endangered citizens in both New York and Pennsylvania by engaging in dangerous criminal conduct. Trooper Pleakis' conduct discredited this agency."
A lawsuit filed by Pleakis in New York State Supreme Court argues his termination was "shocking to one's sense of fairness." He and attorney Candace Morrison must prove the discipline imposed was disproportionate to the offense and irrational.
Suits of this type are very rarely successful according to Columbia Law School, as there is a high legal standard to meet.
Included in the exhibits are disciplinary documents of state troopers first obtained by the I-Team.
"In the past we’ve seen troopers arrested for driving under the influence in New York State and out of New York State and they retained their jobs," said Morrison, referencing the documents.
In one example, the I-Team discovered Trooper Sergio Cruz was arrested for DWI. Police documents explain Cruz admittedly drank several beers, vodka and soda mixed drinks, along with shots of tequila, vodka and whiskey over a nine-hour period.
Cruz then got behind the wheel of his own vehicle on I-190 southbound in Buffalo, crashing into another vehicle. A passenger in the car he struck was transported to ECMC for injuries.
State Police wrote Cruz used "poor judgment" and suspended him for 90 days.
“We’re trying to show to the court that there is no zero tolerance and in the past, this is how they’ve been dealt with. And now we’re seeing a different decision for whatever reason," added Morrison.
State Police declined to answer the I-Team's questions, saying the agency does not comment on pending litigation.
Whether Pleakis' termination is upheld or vacated now rests in the hands of state judge.
