Nancy Balbuena

Name of Accused:
Balbuena, Nancy Caridad

Date of Arrest:
09/17/2024

Charges For Arrest:
False Statement/ Writing/ Conceal Facts With Govt
False Report Of A Crime
Improper Stopping / Parking On Roadway
Failure To Maintain Lane
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On 17 September, 2024 at approximately 10:02 hours, I was dispatched to the area of Cascade Dr. and Beirut Pl. in reference to a traffic crash.
The caller, Nancy Balbuena, advised she crashed her car into a ditch and was no longer in the vehicle. Upon arrival, I located Nancy pacing along Cascade Dr. near the area her vehicle was located. Her vehicle, 2013 Hyundai Santa Fe, Ga tag [REDACTED], was in a ditch along the south side of the roadway, partially submerged in water up to the bottom of the windows and still running.
It should be noted; the driver side widow was rolled down about half way and Nancy’s clothing and person were completely dry. Nancy stated she was traveling eastbound on Cascade Dr. towards Trammell St. when she observed a black Honda driven by a black male cross the double yellow line and into her lane of travel. Nancy stated the male appeared to be looking at his cell phone at the time and she swerved right to avoid a head on collision.
Nancy stated as the vehicle began to swerve off the roadway, it was heading towards a large concrete telephone pole. Nancy stated just prior to the vehicle entering the ditch, she jumped from the vehicle’s window and landed on the ground. Nancy was limping and complaining of left side pain. I did not observe any dirt on Nancy’s person or visible injuries that would be consistent with a person jumping from a moving vehicle. I did not observe any tire skid marks on the roadway or signs of another vehicle in the area. At this time I requested a tow truck and EMS to be enroute.
I noticed that while speaking to Nancy she seemed lethargic and her version of how the crash happened was not consistent with the evidence present. I did not detect an odor of an alcoholic beverage emanating from her person. Nancy exhibited some signs of impairment and I requested Ofc. Bethune come to the scene to perform ARIDE test on Nancy.
EMS arrived on scene at this time along with Parrish towing. EMS evaluated Nancy and she refused to go to the hospital. I then ask Nancy if she had taken any prescription medication to which she stated she did not. Ofc. Bethune spoke to Nancy and conducted several ARIDE tests and advised me he did not believe her to be under the influence.
Nancy’s mother arrived on scene and stated she would take Nancy to the hospital. Parrish towing then retrieved the vehicle from the water. Ofc Bethune relocated to the Beirut apartments located at [800 BLOCK] Beirut Pl to review security footage. As Nancy was leaving with her mother, Ofc. Bethune advised Nancy had made a false report. I then got back out with Nancy. I had Nancy exit her mother’s vehicle and walk with me to mine. When I asked about the incident again, Nancy stated she got scared and lied. At this time, I detained Nancy in handcuffs (double locked and checked for proper spacing).
Ofc Bethune advised Nancy intentionally positioned her vehicle in a manner and exited it while it was moving, guiding it into the ditch. I asked Nancy if the reported crash was for insurance purposes and she denied the allegations.
Search incident to arrest, no contraband was located on Nancy’s person. Prior to placing Nancy in the rear of my patrol car, the back seat was searched with no contraband being located. Nancy was placed in the rear of my patrol car where she was safety belted in. Nancy advised she is on permanent resident status from Cuba and did not want her consulate notified.
I transported Nancy to the Whitfield County Jail where upon arrival, I secured my service pistol in the lock boxes provided. Nancy and her property were turned over to the booking staff without incident. While there, I completed a warrantless arrest form #69222 charging Nancy with violation of O.C.G.A. 16-10-26 false report of a crime, violation of O.C.G.A. 16-10-20 false statements. I also included violation of O.C.G.A. 40-6-203 stopping, standing, or parking in the roadway on citation #590106 and violation of O.C.G.A. 40-6-48 failure to maintain lane on citation # 590105. The citations were attached to the warrantless arrest form and provided to the booking staff.
Prior to leaving the jail I retrieved my service pistol and searched my back seat with no contraband being located.
I proceeded to the Beirut apartments where I made contact with the front desk employee [REDACTED], who allowed me to review the security footage. In it I observed Nancy traveling eastbound on Cascade Dr approaching Beirut Pl. Nancy is seen pulling her vehicle into oncoming traffic and turning it slightly right, positioning it towards the ditch. Nancy is seen exiting the driver side and walking beside the vehicle while steering it towards the ditch. Nancy then lets the vehicle go as it crashes into the ditch. Nancy is seen walking along the sidewalk and appears to be using her cell phone at 10:02 am which is consistent with the call time into the 911 center. Nancy is seen walking to the area her vehicle entered the ditch and sitting down on the ground.
At this time, this case is closed due to Nancy’s arrest.
[End of Narrative]