For the first time since the incident occurred on Sept. 27, a full statement from police concerning the arrest of Monroe County Council member Scott Wells for drunken driving is on the public record.

A probable cause statement filed by Special Prosecutor David Powell of Greene County with the criminal charges against Wells details state police troopers' account of Wells' arrest, what led to it and how he acted during it.

After an investigation, Powell has charged Wells with felony battery on a police officer by striking trooper Travis Coryea on the arm, plus misdemeanor driving while intoxicated in a manner that endangered a person, plus lesser misdemeanor counts of public intoxication, disorderly conduct and resisting arrest, plus driving without a seat belt on.

Wells has denied his guilt on all counts, saying he did nothing to resist arrest and didn't reject an alcohol test. He says he only asked that it be done at an observable location such as a police station.

The lengthy police account in the affidavit differs dramatically.

It alleges Wells smelled of alcohol, was thoroughly intoxicated, flaunted his status as a council member and "a friend of (Sheriff) Steve Sharp," was loud, abusive and obscene, refused repeatedly to take an alcohol test and finally strenuously resisted arrest.

Further, the affidavit identifies who tipped off off-duty trooper J.D. Maxwell about a drunken driver in downtown Bloomington.

The two were Bloomington Realtors Bud and Amy Bernitt. Bud Bernitt has been an opponent of Wells, criticizing him for various reasons at several county council and county plan commission meetings this year.

According to the probable cause affidavit of trooper Stacy Brown, the Bernitts called Maxwell at home to report seeing an intoxicated driver outside his car urinating in the street at Sixth and Dunn streets and then driving away in a dangerous manner, allegedly nearly hitting a group of people. Maxwell, in turn, called the state police post, which dispatched Brown and trooper Travis Coryea to meet with the couple.

The affidavit notes that when Brown asked the Bernitts to file a written report after the arrest, they said they were "in fear for their safety and the safety of their families." He said he informed them their names would not appear in the case report, but he did cite them in the probable-cause affidavit and they are on a list of potential witnesses the prosecutor could call at trial.

Brown's affidavit says Bud Bernitt showed him the suspected drunken driver's parked car. He ran a computer check and it proved to be registered to Wells. At that point, he said, he was "unaware" that Wells was an elected official.

Brown said he was in the process of contacting city and county police to keep an eye on the car, when Wells walked up, got into it and drove away.

Wells has said he was buckling his seat belt when he noticed a state police car with its headlights on him. But Brown's statement said, "I clearly saw that the suspect was not wearing his front safety seat belt."

Brown stated he pulled out and began following Wells east on Sixth Street, then north on Indiana Avenue. He said Wells cut the turn too sharply and nearly hit a curb. When Wells turned on his turn signal after making the turn, Brown said he became concerned Wells was impaired and decided to stop him.

Wells turned west onto Seventh Street with Brown tailing him. Brown turned on his flashing lights on Seventh. He said Wells started to pull over on Seventh, but then turned south onto Dunn and then pulled over.

Brown said when he went to the car, he observed Wells had "red, watery eyes and a strong odor of alcohol." Brown asked for Wells' license. Wells asked why he was pulled over, "shouting and using a loud voice."

Brown told Wells he'd seen him driving without a seat belt. Wells replied he put it on when he saw Brown. Brown then said he also informed Wells about the reports of his erratic driving. He said Wells denied he had been drinking.

Brown said Wells then asked him if he knew who he was, he replied he didn't, and Wells told him he was a county councilman and "a friend of Steve Sharp." Brown said he told Wells that didn't matter to him.

According to Brown's sworn account, the encounter escalated from there with Wells repeatedly asking Brown for his name. He asked Brown if he knew J. D. Maxwell and when Brown said he worked with him, Wells "shouted that he was the one who set him up."

Brown said he went back to the car to run Wells' driving record and get Coryea as Wells "was becoming belligerent and having trouble controlling his emotions."

The two asked Wells to exit his vehicle but that he refused. When told he wouldn't be asked again, Wells got out of the vehicle, stumbling momentarily as he did.

Brown said Wells repeatedly refused to take sobriety tests. The troopers said they'd take him to the jail, whereupon Wells "started to yell that we would embarrass him by taking him to jail to test him because of J. D. Maxwell."

Brown stated that when he began reading Wells a statement about the implied-consent law for alcohol testing, Wells kept interrupting, during which time he was physically swaying and fighting to keep his balance.

Brown said that at that point, Wells "took a step toward trooper Coryea and began shouting obscenities." Coryea asked him to step back but Wells allegedly refused. Brown said Wells' speech now was slurred and alternated between shouting and mumbling.

Brown informed Wells he was under arrest for refusing to take an alcohol test and for drunken driving and asked him to turn around and put his hands behind his back. Brown said Wells refused.

"The suspect then clenched both fists and raised them to chest level and bladed his body in a fighting stance," Brown stated. "Trooper Coryea and I closed in on Mr. Wells. I gave loud verbal commands for the suspect not to resist and to turn around and place his hands behind his back. He refused to obey our requests to calm down and cooperate."

Brown said the two reached for Wells' wrists, whereupon Wells struck Coryea on the arm. They grabbed his wrists but Wells tried to jerk free and push them away. At that point, Coryea executed a "knee strike" to Wells' left leg, which buckled, and they forced him to the ground.

On the ground, Wells got his arms free and pulled them in to his body, "yelling obscenities and declaring that he wasn't going to give the police his hands." Coryea "applied a strike to the median motor nerve" of one of Wells' arms. When Wells continued to struggle, Brown "administered a mandibular angle" on Wells, who finally stopped resisting and was cuffed.

By now, city police Sgt. Scott Oldham had responded to the troopers' call for backup. Wells refused to stand up and told Oldham the troopers had kicked and beaten him.

Brown said Wells' only visible injury at that point was a bleeding right elbow. Brown said he had a cut elbow and sore knees, while Coryea had leg and knee cuts.

City police took Wells to the jail while the troopers examined his car. They found a nearly empty 40-ounce bottle of Colt 45 malt liquor. At the jail, Oldham reported being verbally abused by Wells, who had "bloodshot and glassy eyes, slurred speech and a distinct odor of alcohol on his breath and person."

Brown's affidavit also stated that jail book-in officer David Shaw reported Wells as acting "obnoxious," yelling at everyone, and "acting like a typical intoxicated person."

Wells' case has been assigned to Monroe Circuit Judge Elizabeth Mann, who has set initial hearing for Nov. 25. At that hearing, Mann could revoke Wells' driver's license for rejecting an alcohol test, even if he pleads innocent and demands a jury trial, as he said Tuesday he will do.