Menahga man convicted in DWI related rollover
A Menahga man was convicted of three gross misdemeanors after a one vehicle rollover on May 31.
Court records state that at approximately 1:55 p.m., Wadena county sheriffs responded to a rollover near the intersection of County Road 23 and Stocking Lake Road. A pickup was sitting in the ditch with extensive damage as a tow company was in the process of pulling it out.
Deputies questioned Michael Dean Lustila, 52, at the scene. Officers asked about the accident and who was driving. Lustila stated he didn't know what happened, said court documents, and that his girlfriend, "Jennifer," had been driving the vehicle without him present.
As he was speaking with deputies, the odor of alcohol was apparent and his speech was slurred.
When asked if he had been drinking, he said he had some vodka after the rollover occurred.
When the towing company was spoken with, they said the smell was apparent 30 minutes ago from both Lustila and his male passenger.
Court records reveal that Lustila refused field sobriety tests but did agree to a PBT, which resulted in a .179 blood alcohol level. Lustila was cursing at authorities and was uncooperative, and tried to walk away from the scene as well.
Due to his behavior, he was placed under arrest and into a squad car.
While officers were speaking with Lustila's passenger, he began to kick the back right window of the squad car until it came out of the frame. Officers resorted to pepper spray as Lustila wasn't responsive to warnings. He was then placed in a different squad car.
According to court documents, deputies spoke to the passenger in the vehicle who stated Lustila was driving, accelerated and lost control of the pickup. A small amount of blood was photographed on the man's head, but he refused medical attention.
Lustila continued to be belligerent and refused breath tests on the way to the Wadena County Jail.
His initial court appearance was set for June 11.
Lustila was convicted of three gross misdemeanors, including one count third degree DWI, driving after cancellation, and one third degree damage to property, said court records. One misdemeanor count of DWI was dismissed as Lustila pled guilty to all other charges. Over $1,985 dollars in damage was done in total by Lustila.