A pre-trial hearing Tuesday for suspended Hall County Sheriff Gerald Couch saw three witnesses and an argument by Couch's attorney to suppress evidence in his driving under the influence (DUI) case.

Suspended Hall County Sheriff Gerald Couch (left) and Defense Attorney Blake Poole (right)

Suspended Hall County Sheriff Gerald Couch (left) and Defense Attorney Blake Poole (right)

The state was granted 10 days to file a response before making a ruling. After, the defense will have 10 days to respond before presiding Judge Charles Auslander makes a decision.

Couch's attorney, Blake Poole, argued that Hall County Sheriff's Office (HCSO) Captain Kerry Alexander recording a video of Couch driving constituted police work and they improperly went onto his property and failed to get proper consent for the field sobriety test.

Couch (left) and Poole (right) / Photo taken by William Daughtry

Poole's argument was largely on procedural hiccups by law enforcement leading up to the detainment, field sobriety test, and going into Couch's vehicle without proper consent.

"The act of recording being police work is important," Poole told Auslander. "It all flows from an unlawful arrest ... on Couch's [property]."

He said the process was "required."

"There's not even the raising of consent, or the raising of a warrant, or the raising of exigent circumstance, so none of that has been presented by the state burden, as the courts pointed out, and we are all aware none of that has been presented in evidence," Poole added.

The state rebutted, arguing the officers had probable cause due to the circumstances that occurred leading up to the home and out in front of the home.

Couch / Photo taken by William Daughtry

"We are not going into anybody's house, we are still on the driveway," Gilbert Crosby with the Henry County Solicitor General's Office said. "They have reasonable suspicion to detain him and to conduct that investigation."

Couch (left) and Poole (right) / Photo taken by William Daughtry

Three witnesses were called to the stand for the nearly six-hour pretrial hearing, including HCSO Chief Deputy Kevin Head, Alexander, and Georgia State Patrol (GSP) Trooper Joshua Hedden.

Head / Photo taken by William Daughtry

Head mostly detailed the day before, when Couch was reportedly in the hospital with an extremely high blood alcohol content (BAC). To Head, that led to the welfare check on Couch the next day.

“He was putting lives at risk, he was dangerous," Head said. "[It's] wholly inappropriate for anyone in the sheriff’s office to handle this investigation."

Poole questioned whether Couch's BAC on Feb. 26 had any bearing on his Feb. 27 condition.

"I was worried about my friend and didn’t want him to die,” Head said. “I’d still consider him a friend."

Poole also claimed Alexander's video recording on his phone (which he later pointed out is not the original, has no audio, and Alexander got a new phone) did not showcase a driving violation.

He also questioned whether or not Head arrested him or if he simply detained Head.

“I don’t believe we used those exact words, but very similar” Head said. He added Hedden made the physical arrest.

Alexander / Photo taken by William Daughtry

Alexander claimed Head said "that guy's not doing too well" in the audio-less video when he was brought to the stand.

He also said Head arrested Couch.

“You just said [Head] is the one who made the arrest, correct?” Poole asked Alexander. Alexander changed his answer to detainment and said he misspoke.

“It was a mistake on my part to say arrest” Alexander said.

Regarding the audio-less video, Alexander said his phone at that time was "literally dying."

“That phone that I had at the time was literally dying … I don't know if it was on mute," Alexander said. He confirmed it was his personal phone and that he got a new one.

Alexander also revealed what a conversation with Couch was like in the aftermath.

"'Your career is over, Kevin’s career is over, and my career is over,'” Alexander said Couch told him.

Hedden / Photo taken by William Daughtry

The arresting officer, Hedden, also took to the witness stand.

He described the scene upon arrival as "leisurely" between Couch, Alexander, and Head.

He also said Couch had "bloodshot, watery eyes" and a "strong odor."

“He was less safe to drive," Hedden said. “He made some statements of ‘we don't have to do this.’”

Poole asked Hedden about how he acquired consent to a blood test. He also posited that Couch's Miranda Rights should have been read prior to questioning.

"Based on your training ... you're required to read Miranda and imply consent immediately after arrest," Poole said.

"No, sir," Hedden said.

Hedden did say Couch consented to giving the test.

Couch / Photo taken by William Daughtry

No hard deadline was set, although Auslander did say it would be roughly two weeks after Poole's response before he issues a final decision.