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Man Faces 5th Drunken Driving Charge After Scuffling With Police

A Waukesha police officer was injured while taking belligerent 33-year-old man into custody, according to a criminal complaint.

A Waukesha police officer's wrist was injured while scuffling with who could face a lengthy prison sentence following a weekend arrest.

Nicholas A. Kohler, 33, of Waukesha, was charged in on Monday with one count of fifth offense operating while intoxicated, one count of resisting an officer and causing a soft tissue injury, one count of felony bail jumping and one count of operating a motor vehicle after revocation of his license. If convicted, he faces up to 19 years in prison and $32,500 in fines.

According to the criminal complaint:

On Saturday, a person saw Kohler driving erratically and run through three red lights, so the citizen followed Kohler's car until it pulled into his residence in the 400 block of Gascoigne Drive. The witness called police, who made contact with Kohler, who stayed inside the house.

Kohler denied driving and then became angry with the officer and began to reach for his waistband, which made the officer concerned he had a weapon. The officer pulled on the door to open it and ordered Kohler outside, but Kohler pulled the door closed.

The officer again pulled the door open and ordered Kohler outside, who eventually complied, but kept reaching toward his pockets. He became belligerent with officers and refused to comply with their orders, so several of them needed to detain him.

During the scuffle, one officer hurt his wrist, which caused an injury.

After it was confirmed by the witness that Kohler was driving the car, he was taken to Waukesha Memorial Hospital for a blood alcohol test. Kohler was in a restraint chair, but continued to fidget and resist and make threats against the officers, claiming police set him up for prison.

Kohler was tasered twice during the incident, police records state.

Kohler was previously convicted of OWI in 2001, 2002 and twice in 2010. He’s currently being held in Waukesha County Jail on $100,000 bond.   

Flora Castillo August 22, 2012 at 12:31 PM
Bet you he beats this he was tasered at his home after he told cops he didn't want to come out side...he didn't even have to open the door but the cop was opening the door uninvited? No warrant demanding him outside? What gives police the right to walk into someones home? Did they see him driving? Did the give the so called witness a sobriety test too? Cops think they can do whatever behind that badge. I say sue the cops for unlawful entry b opening his door without pernission.
Realist August 22, 2012 at 03:06 PM
Flora- is this someone you are defending? Is this someone you want driving on the road with you and through your neighborhood? Are you defending someone that could have just killed someone you know that was crossing the street when he ran 3 red lights? You are what's wrong with society. It's always someone else's fault. No one has any personal responsibility anymore. He did the crime, now pay the time.
Johnny Paycheck August 22, 2012 at 05:11 PM
Shame on you Realist, for defending civil rights abuse under ANY circumstances. Has the US been free for so long that nobody appreciates the 4th amendment anymore? It is discouraging to see how quickly many people are to write off the bill of rights.
Jessica James August 22, 2012 at 05:20 PM
This witness also stated that he and his friend appeared to see the drivers swtich multiple times (listed in another Patch article). Lets not forget that the police did not directly see him behind the wheel of the vehicle and the vehicle that was being driven wasn't even his, it belonged to his friend that was arrested with him that night. There are no street lights on that road, and it is heavily wooded so you can't see very well at night there. Add on the fact that him and his friend are the same hieght, same build, and were both wearing hats while driving a vehicle with blacked out windows. So I am not saying he was or wasn't i am just saying that if the witness is claiming they switched drivers, why were they both not charged with DUI? Clearly this was wrong on both ends, but if he was indeed innocent of driving i can understand why he got nasty with the police barging in.
Karen August 22, 2012 at 08:59 PM
Sober mind says dont answer the door... drunk mind says........whatever
Efuzz August 23, 2012 at 03:04 AM
right? idiotic writing... "one officer hurt his wrist, which caused an injury." uh, DUH
Linda August 23, 2012 at 11:43 PM
I live next door. The police overreacted. It will come out in the long run that it was his friend, not him, driving. He is no angel , but he doesn't deserve this.
Ras August 24, 2012 at 04:16 AM
The way I see it is this is a "he says she says" kind of case and since when do we charge people based on that?!?! It doesn't sound the Mr. Kohler has a very good record, but if there are no "facts" how can he be charged? Having children of my own I don't support drunk drivers, however I do support the rights of the people as well, and it sounds to me his rights were violated!! Good Luck Mr. Kohler!!
rbs August 26, 2012 at 02:52 PM
Wow, can't believe that everyone seems to keeping missing the fact that he kept reaching for his waistband while behind the door and that's why it was yanked open. The cop didn't know if he was armed or not. When in that situation, he should have kept his hands in plain site. The cops would not be justified in opening the door if he had. However, since he made suspicious movement they didn't have a choice. Under other circumstances that officer could have been shot. They have to look at the worst case scenario. He brought this on himself with his own big mouth and stupdity.
alex August 26, 2012 at 03:59 PM
rbs... the drapes on the windows were closed so I would like to hear their explanation on how they witnessed him reaching for his waistband from inside the house!!!!!

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