WBOC-TV 16, Delmarvas News Leader, FOX 21 - Wicomico State's Attorney Faces New Charge

Wicomico State's Attorney Faces New Charge

02/26/2008 7:25 AM ET; Updated 11:35 AM ET

OCEAN CITY, Md.- Wicomico State's Attorney Davis R. Ruark is facing a new charge for carrying a loaded gun in his vehicle on the night he was arrested for DUI.

Ocean City police arrested Ruark, 52, on Friday night and charged him with driving under the influence of alcohol. Police say his blood alcohol level was above Maryland's legal limit of .08 but would not specify by how much. Ruark himself confirmed to WBOC on Monday that his BAC was .15, nearly twice the legal level.

Investigators say someone called 911 around 9:40 p.m. and reported a car was driving erratically and speeding on eastbound Route 90.  The caller supplied police with a description and tag number of the car.

Police stopped the car just off of 94th Street and Coastal Highway. Police say officers arrested Ruark after he failed several field sobriety tests. Police also said he flunked a breathalyzer test administered to him.

According to police, the vehicle Ruark was driving was registered to the Wicomico County Government. 

On Monday, Ocean City Police Chief Bernadette DiPino said that at the time of the traffic stop, Ruark told officers that there was a loaded handgun in the car. At that point officers seized the gun described as a Glock, .45 caliber semi-automatic handgun.

During the investigation, officers noted the criminal law violation regarding transporting a handgun while intoxicated had been repealed in 2003.  Officers contacted Worcester County State's Attorney Joel Todd, to determine if this act was still a violation. 

Todd re-contacted police on Monday and advised officers that the violation was now in the Maryland Public Safety Article, Section 5-314.  This statute is a misdemeanor, carrying a maximum penalty of one year in jail or a maximum $1,000 fine or both. This statue prohibits a permit holder from wearing, carrying or transporting a handgun while the person is under the influence of alcohol or drugs. 

The Ocean City Police Department says a criminal summons was issued Tuesday and forwarded to the Wicomico County Sheriff's Office for service. Ruark was expected to be served either sometime later Tuesday or Wednesday. 

After learning he would be facing a new charge related to the handgun, Ruark told WBOC on Monday, "There was a handgun in the car. It was there for personal protection. Whether or not there's anything more that comes out of that I do not know."

Meantime, Ruark said he believes his arrest will have meaningful and lasting effects on his office and himself.

"If anything, I'm more pro-prosecution, having had the experience myself because yes, there are many lives out there in danger," he said. "And if anyone recognizes that, it's someone who's been through that process before."

Ruark said he has no plans to resign.  Instead he said he plans to take off about 30 to 40 days beginning later this week.

At a press conference held a day after his DUI arrest, Ruark asked for forgiveness from the citizens and said, "I have devoted my entire professional career to enforcing the law and last night I am the one who broke the law."

He said he hopes he can regain almost 21 years of trust from the public. Ruark said that until his case is over, he will not personally prosecute any cases dealing with alcohol, drugs or driving charges. He said instead that other attorneys in his office will handle those.

"I am human," Ruark said. "We are all human and we are subject to make mistakes and when you make a mistake you learn from it and you don't do it again. And this will never happen again."