The producer for the Marshall Tucker Band concert at the Center of Anna Maria Island will not be prosecuted for driving impaired.
Assistant State Attorney Lindsey Brigham filed the notice June 11 declining the charge.
Richard A. Engler, of Sewickley, Pennsylvania, was arrested April 1 near Palm and Gulf drives after the concert for driving under the influence. He was arrested by a Manatee County sheriff’s deputy.
The Bradenton Area Convention and Visitors Bureau sponsored the concert and others at the Center, 407 Magnolia Ave., and contracted Engler to schedule entertainment for the events.
The deputy’s probable cause affidavit states Engler drove his SUV across the center line and the fog line twice, once within a few feet of the sidewalk where pedestrians were present.
According to the state’s decline memo, Brigham reviewed a video of the roadside field-sobriety test and reported Engler did not appear impaired.
Engler provided breath samples “well below the legal limit,” and was unable to provide a urine sample due to his medical issues, the memo continued.
“As the defendant complied with all the requests of the investigating officer, the state would not be able to argue that the defendant refused.”
Brigham concluded the state had insufficient evidence to prove the DUI charge beyond a reasonable doubt.
