Gwinnett Daily Post

SUWANEE — A DUI case against a high profile Chamber of Commerce executive has been thrown out, due to the shenanigans of the arresting officer.

Solicitor-General Rosanna Szabo said Monday she dropped charges against Nick Masino, the former Suwanee mayor who now leads Gwinnett’s economic development efforts as a chamber vice president.

Masino was arrested in August for charges of driving under the influence. According to the police report, Masino admitted having one drink but said he swerved out of his lane on Interstate 85 because he was texting while driving, which was one of the other charges he faced.

But the officer who arrested Masino, Michael Chavez, was dismissed by the Suwanee Police Department in December after an investigation into an interaction with a woman he reportedly had sexual contact with while on duty.

Szabo said 24 of the 28 active cases Chavez was involved in with her office have been dismissed.

“We will not be using former Officer Chavez as a witness for the State because he is no longer employed by Suwanee Police and his testimony is impeachable,” Szabo said, adding that most, but not all, of the cases involved DUI charges. “Each case was reviewed to consider if there is sufficient evidence to proceed to trial without his testimony. ... The case against Nick Masino was among the 24 cases dismissed for insufficient evidence. The remaining four cases can and will be prosecuted without Chavez’s testimony.”

Masino said he is innocent, and the officer’s behavior has proved the officer to be discredited.

“I maintain my innocence regarding my arrest for DUI,” Masino said in an email. “The officer that arrested me on subjective reasoning had no proof or facts to base the arrest upon. His patterns of overzealous arrests in Suwanee and Athens are infamous in their respective courtrooms. His widely reported actions that lead to his termination in Suwanee clearly questions his reasoning and subjectivity. Suwanee had a bad apple in an otherwise solid police department. I do not hold a grudge against the department or the city.

“Regarding my admittance of texting and driving I have educated myself on the dangers of texting and driving,” Masino added. “Texting and driving is more dangerous than drinking and driving. For this reason I have committed to focus on the road while I am driving from now on.”