Leesburg police arrest DUI suspect rescued from retention pond by Good Samaritans

A Leesburg man sought for damaging a RaceTrac and the City of Leesburg while driving drunk was arrested this past week by the Leesburg Police Department. 

Clarence Bain, 49, was charged with DUI for a series of events that happened earlier this year in July. The warrant was issued only after LPD received his medical records in September to confirm he was intoxicated at the time of the incident. 

On the afternoon of July 21, an LPD officer responded to a traffic crash near U.S. Highway 441 and Tomato Hill Road, according to an affidavit of probable cause out of Lake County.  

Upon the officer’s arrival, he saw multiple people rescuing a man, later identified as Bain, from the middle of the retention pond on the southeast corner of the intersection. He was pulled to shore and able to give his name and date of birth to the officer, the affidavit said. 

One of the female rescuers advised that Bain got out of the vehicle through the driver’s window. She further stated that she noticed the odor of alcohol on his breath as she pulled him out of the water and while communicating with him near the shoreline, the affidavit said. 

Bain seemed to be in and out of consciousness, so Leesburg Fire Department and Lake County Fire Rescue paramedics arrived to care for him. He was later taken to the Emergency Department of UF Health Leesburg Hospital, located at 600 East Dixie Avenue, the affidavit said. 

An officer went to the hospital and confirmed staff were conducting a toxicology screening for medical purposes. A subpoena was requested for access to Bain’s medical records. Due to his condition and transport to the hospital, no field sobriety exercises were done, the affidavit said. 

While on scene, officers spoke with a male witness. He advised that earlier that day, he was traveling in the middle lane going southbound on U.S. Hwy 441 approaching Tomato Hill Rd. At the time, he was behind a tan 2003 Chevrolet Impala, which Bain was driving, the affidavit said. 

Without warning, Bain’s vehicle veered to the right outside lane and went off the roadway into a ditch in front of RaceTrac on 2115 U.S. Hwy 441. It appeared the vehicle failed to make it around the left curve in the roadway. The vehicle then collided with the base of RaceTrac’s gas price sign, causing damage, the affidavit said. 

Bain continued to travel east, through the ditch and toward Tomato Hill Rd where it collided with a City of Leesburg utility pole guide wire, causing more damage. The vehicle did not stop, however, crossing over Tomato Hill Rd and going down into an embankment. It then went into the retention pond, where it began to sink. Bain shouted that he was unable to get out of the vehicle, and he could not swim, the affidavit said. 

The damage caused to RaceTrac’s sign had an estimated value of $5,000, and the City of Leesburg guide wire came in at an estimated $2,500. In total, there was about $7,500 in non-vehicle property damage. Additionally, the damage to the utility pole caused a massive power outage in the area, including at RaceTrac and to traffic control signals close by, the affidavit said. 

On the morning of July 24, Bain contacted an officer on the phone. The officer asked if he suffered a medical emergency or if there was any other reason for the crash, to which Bain advised the medical staff told him he had an elevated blood alcohol content level. He also stated his insurance had lapsed days before the crash, leaving him with no valid insurance at that time, the affidavit said.  

Law enforcement did not receive Bain’s medical records until Sept. 28. The toxicology report indicated that his blood alcohol level was 154 MG/DL of blood, or 0.154g/210L of breath concentration. The records also showed a positive indicator for cannabinoid, the affidavit said.  

Bain was arrested on charge of DUI (crash with property damage). The native Bahamian was transported to the Lake County Jail and released after posting $1,000 bond.