An Oregon man pleaded not guilty in Lewis County Superior Court on Wednesday to allegations that he drove under the influence and nearly hit a Lewis County Sheriff’s Office deputy on state Route 508 in October.
The man, Philip Patrick Burch Sr., 54, of Gresham, Oregon, was driving westbound on state Route 508 on Oct. 23, 2021, when he reportedly “crossed the double yellow centerline by almost a full tire width” into the eastbound lane, where an on-duty deputy with the Lewis County Sheriff’s Office was driving.
The deputy “quickly applied the brakes of his assigned fully marked patrol vehicle and attempted to steer over toward the white fog line being careful to not cross it, as the shoulder of the roadway is a very narrow and steep gravel downward embankment,” according to court documents. “As (the deputy) conducted his best evasive maneuvers, (he) was fearful he would be side-swiped, or worse, hit head-on,” according to court documents.
Burch’s vehicle reportedly fully entered the eastbound lane and passed the deputy just east of the Jackson Highway intersection, at which point the deputy activated the emergency lights on his vehicle and initiated a traffic stop.
Burch reportedly agreed to participate in field sobriety tests, during which he demonstrated multiple signs of impairment, according to court documents. A preliminary breath test done at the scene showed Burch had a blood alcohol content of 0.101 and subsequent breathalyzer tests at the Lewis County Jail showed Burch’s blood content was between .084 and .089.
Due to Burch’s criminal history — which includes a 2011 criminal negligent vehicular homicide conviction out of Oregon where he crashed into the back of a semi tanker truck while driving under the influence, killing a person in his vehicle — Burch’s Lewis County case was elevated from a misdemeanor to a felony charge.
The Lewis County Prosecutor’s Office charged Burch on July 18 with one count of felony driving under the influence. Because Burch appeared in person for a mandatory preliminary hearing in Lewis County Superior Court on Aug. 2 and returned the following day when the case was delayed, Judge J. Andrew Toynbee agreed to allow Burch to remain out of custody on his own personal recognizance.
Burch's conditions of release include provisions prohibiting him from consuming alcohol or entering businesses where alcohol is the primary commodity.
Burch’s trial is scheduled for the week of Aug. 15, with a trial confirmation scheduled for 3 p.m. on Thursday, Aug. 11.
