Affidavit: Nederland Police officer “insisted” on being arrested

Published 12:32 am Wednesday, October 27, 2021

Documents recently obtained by Port Arthur Newsmedia from the Texas Department of Public Safety shed more light on the reason Nederland police officer Byrun Perry was arrested last month — he asked to be.

Perry, 34, was taken into custody at 11:38 p.m. Sept. 20 on suspicion of driving while intoxicated. He has been with the Mid County police force since Aug. 22, 2016.

Nederland Police Chief Gary Porter said Tuesday that Perry remains on paid leave as the department continues its internal investigation.

According to an investigative report from DPS, Nederland police were called to the area of Avenue H and S. 14th Street at approximately 10 p.m. in regards to a reckless driver. An officer attempted to stop the vehicle, but the driver continued to N. 15th and Boston Avenue before stopping in the NPD parking lot. Once the driver was identified as a Nederland police officer, DPS was called to assist.

The driver, “wearing nothing but grey gym shorts” reportedly exited his vehicle, turned around, and “bumped his wrists together” in a manner that would allow him to be handcuffed. The responding trooper wrote Perry did not respond to questions.

“I (asked) Perry what he was doing tonight and Perry would not respond,” the report states. “Perry then placed himself in a position of attention, with his feet together, and arms by his side. I observed Perry to sway while he was at attention.”

The trooper also describes observing vomit on the center console of the vehicle.

The driver was arrested and placed in the back of the trooper’s service vehicle, where he “began hitting his head against the side glass.” He was moved into an NPD vehicle and continued to hit his head on items inside the vehicle, the report states.

The driver refused a voluntary blood specimen by refusing to answer, resulting in the suspension of his license for 40 days. However, a search warrant for a blood specimen was signed at 1:17 a.m.

An affidavit for a search warrant indicates Perry had glassy eyes, slurred speech, disorientation, was belligerent, threatened violence and had difficulty maintaining balance.

“Perry remained silent through the entire contact and would not answer questions,” the arresting trooper wrote in the affidavit. “Perry insisted on being handcuffed and arrested.”

A pistol was found in his Toyota, resulting in a charge of unlawful carry of a weapon.

Perry was released from jail the following day after posting a $750 bond.