NWGA Scanner | February 1st, 2022
According to a Dalton Police Department incident report, on January 22nd, 2022, at around 12:40 AM, Officer McBrayer was conducting foot patrol in the parking lot of The Oyster Pub 933 Market Street with Officer Cook also in the area. Officer McBrayer reported, “While [I] was walking in the parking lot [I] came upon a male who was passed out in the front seat of a vehicle bearing Georgia tag. The vehicle was not running, the front passenger door was open, and the male was lying in the seat with it leaned back. The temperature at this time was approximately 30 degrees.[I] was not sure how long this male had been in this position, but extended time spent in this temperature could result in a hypothermic emergency. [I] walked up to the open door and called out to the male but did not get an answer. [I] then tapped him on the leg with my hand, and he began to move a little. [I] continued to call out to him to wake him from his sleep. [I] was clearly dressed in my Dalton Police Department patrol uniform, and [I] also identified myself to the male as a police officer. When [I] would ask him a question, he mumbled an answer that was not understood. [I] asked him who he was at the bar with, and he advised a friend. [I] asked him if he had a phone, and he stated yes. [I] told him to use his phone to call his friend to come outside. The male had sat up in the passenger seat at this point and was holding his head. [I] believe that this was because he had consumed a large amount of alcohol in the bar and was too intoxicated to remain inside. The male, later identified as Rafael Angel Graulau, 32, of Dalton, was not making any effort to locate his phone to contact his friend.” According to the report, Rafaela began to dig and cram his hand into between the seats even after officers advised him to show his hands. When officers grabbed his right hand, he tucked his left hand. Officer McBrayer reported, “[I] told him to stop reaching behind the seat, and he again made the same motion. When he did this, [I] once again grabbed his right arm and pulled back out to view this time, [I] did not let go and maintained a grip on his right arm. [I] then began pulling on Rafael’s right arm, telling him to get out of the car, but he was not coming out of the vehicle, and [I] still could not see his left hand.” According to the report, Rafael began fighting and resisting arrest. Officer McBrayer reported he felt Rafael pulling at something located on his duty belt. Officer McBrayer reported, “[I] did not know what he was attempting to reach for but could feel him grabbing. [I] yelled at him to let me go and immediately delivered 2-3 punches to Rafael’s face. Located on my duty belt are lethal and less-lethal weapons that can incapacitate officers if someone utilizes it. After delivering these strikes, Officer Cook was able to begin getting Rafael out of the vehicle while [I] was still pulling on his right arm. Rafael was still resisting us, putting him in handcuffs, and was not complying with our verbal commands to put his hands behind his back. [I] then removed my conducted energy weapon (CEW) from my belt, turned it on, and pulled the trigger to deploy a cartridge into the right shoulder blade of Rafael. The cartridge in bay 2 deployed, striking Rafael in the right shoulder blade with both probes. Due to the small probe spread, [I] knew that this would not achieve neuromuscular incapacitation. While the device was still administering the five-second cycle, [I] then touched the front of the CEW to Rafael’s right calf area to achieve neuromuscular incapacitation. When this happened, he yelled out from the shock and then fell to the ground.” Officers were finally able to get Rafael into handcuffs. A supervisor and EMS were then requested to the scene. Officer then went back to see what Rafael was reaching for so desperately. Officers observed a claw hammer lying directly beside the driver seat where he had been reaching. Also located in the back seat of the vehicle was an open bottle of Crown Royal. Rafael was transported to the Whitfield County Jail, charged with public drunkenness and felony obstruction.