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FAKE DRUG TEST TRY LEADS TO STRUGGLE, ARREST

By Ray King/OF THE COMMERCIAL STAFF
Friday, August 7, 2009 10:32 PM CDT

An attempt to falsify a drug test could lead to a prison sentence of up to 20 years for a Jefferson County man after he struggled and fought with a probation officer Thursday afternoon.

John McGriff, 33, was reportedly using a version of a “Whizzinator,” a product intended to defeat drug test kits, when he was confronted at the adult probation office in the Jefferson Square Shopping Center. When he was told to sit down until a supervisor could be contacted, he allegedly struggled with Officer Debra Perry, causing injuries to her wrist and thumb.

During a court hearing Friday, Deputy Prosecutor Cymber Gieringer said McGriff had concealed the generic version of the device, which reportedly contained a clean urine sample, in his pants when he reported for a mandatory test.

A female probation officer became suspicious, Gieringer said, and asked a male officer to do a closer inspection, which resulted in the device being located, and McGriff being told to sit down until a supervisor could be consulted.

“He decided not to stick around and tried to exit the building when he was stopped by Ms. Perry, and he struggled and fought with her, and pushed her to the floor, injuring her left hand,” Gieringer said. “He then got in his truck and left and was arrested 30 to 45 minutes later.”

McGriff told special Judge Mack Norton he had actually contacted the sheriff’s department and turned himself in, a statement one of the deputies assigned confirmed Friday.

Norton found probable cause to charge McGriff with second-degree battery after Gieringer said Perry was “acting in her official capacity when she was injured by McGriff.” The judge set bond for McGriff at $10,000, and told him to come back to court Sept. 2.

Gieringer said a petition has been filed seeking to revoke McGriff’s probation and a hearing on that petition is set for Sept. 7. Among the allegations cited in the revocation petition were that McGriff had tested positive for amphetamines, failed to report to his probation officer for several months, failed to perform community service, and was delinquent on fines and fees.

In addition to the second-degree battery allegation, McGriff could also be charged with Act 640 of 2009, which makes it illegal to use synthetic or human urine to foil or defeat a drug or alcohol screening test. The act, adopted by the 2009 Arkansas General Assembly, makes the offense a Class B misdemeanor.

The original “Whizzinator” device received media attention in 2005 when former Minnesota Vikings running back Onterrio Smith was caught with one at an airport, and actor Tom Sizemore was caught with one when he attempted to evade drug testing.

The manufactures of the “Whizzinator,” Puck Technology of Signal High, Calif., were indicted by federal authorities for fraud and selling drug paraphernalia in October 2008 and the company and its owners pleaded guilty to one count of conspiracy to defraud the government and one count of conspiracy to sell drug paraphernalia on Nov. 24.

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