A woman, who was with her daughter, called for law enforcement at 3:23 a.m. Sunday.
“There’s a guy passed out in the drive-thru in his truck,” the caller said. “His truck is running as well.”
The caller said the man, later identified as Retherford, was sitting in the drive-thru and “he’s not even up to where he orders. He’s just sitting there.”
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The incident report states Retherford had a Glock model 23 with 15 40-caliber rounds in a magazine and one round in the chamber in his vehicle. The weapon was holstered inside a compartment underneath the center armrest.
Retherford does have a CCW license, according to the sheriff’s office.
The Butler County Sheriff’s deputy who administered a field sobriety test said the 32-year-old lawmaker “was having a difficult time standing up,” according to the report.
“His speech was slurred and his eyes were bloodshot. He appeared to be confused. He stated he was coming from the bar next door to McDonald’s,” according to the report.
Before his arrest Sunday, Retherford attended the Butler County GOP Lincoln Day Dinner at the Oscar Event Center in Fairfield. During that event, Retherford told several attendees that he planned to go to The Grandstand, a bar and grill in Liberty Twp., after the dinner.
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The deputy said he stopped the test when Retherford “nearly fell over.”
“I stopped the test for his safety,” the report states.
Retherford was transported to the Ohio State Highway Patrol post to take a breathalyzer test, which he refused. He was then transported to the Butler County Jail.
The state lawmaker is in his third term as representative of the 51st Ohio House District, which includes the cities of Hamilton and Fairfield, Ross Twp. and parts of Fairfield, Hanover, and St. Clair townships.