Metro

A former Altoona police officer and his wife are facing misdemeanor charges of DUI and obstructing law enforcement for allegedly lying to investigators about who was driving during a car wreck while he was still employed by the city.

Robert Tyler Hayes, 30, and Bethany Marie Hayes, 33, both of Carrolltown, have yet to be arraigned but face identical charges in the case, according to court documents. They face two misdemeanor counts each of tampering with evidence, obstructing the administration of law enforcement and hindering apprehension – conceal or destroy evidence and a single misdemeanor count of DUI.

They are scheduled for preliminary arraignments and preliminary hearings Aug. 4 in front of Magisterial District Judge Wendy R. Mellott.

An investigation into the incident began Sept. 30 by state police when then-Altoona Police Chief Joe Merrill requested assistance in investigating a motor vehicle crash that occurred about 2 a.m. Sept 28. Altoona police had responded to the 1800 block of 20th Avenue for a report of a car wreck, where they recognized then-Officer Robert Hayes and his wife Bethany Hayes. On scene, Robert Hayes said his wife had been driving the vehicle when she crashed into a metal utility pole. Bethany Hayes reportedly told officers she had consumed alcohol before the wreck, according to the affidavit of probable cause.

On scene, the lead investigator asked an officer if Robert Hayes was drunk, to which the officer said “they both are.” Bethany Hayes subsequently failed a field sobriety test and was taken to UPMC Altoona for a blood draw, the police report states.

On Sept. 30, investigators were told by additional members of the Altoona police that Robert and Bethany Hayes had left a party — where they had both consumed alcohol — in separate vehicles before the wreck. Robert Hayes later allegedly admitted to Merrill that he was driving the vehicle at the time of the crash and said he was “on his phone.” Robert Hayes said Bethany Hayes was on scene and adamant that she take responsibility for the wreck because she didn’t want Robert Hayes losing his job. He told investigators that Bethany Hayes “basically threatened to leave me” if he did not allow her to take responsibility for the crash “so I just let it happen,” the report states.

Two witnesses reported hearing Robert and Bethany Hayes discussing the incident, with Bethany Hayes telling Robert Hayes “you put me in this situation” and Robert Hayes saying “I owe you.” Through interviews with these witnesses, investigators learned that Bethany Hayes had contacted them after the crash and said that Robert Hayes “just wrecked.” The witnesses drove to the crash scene, where Robert Hayes was seen standing at the driver’s side door of the vehicle and complaining of leg pain. Robert Hayes allegedly told the two that “I don’t know what happened, I was on my phone.” Investigators reported that Robert Hayes told them Bethany Hayes was driving the vehicle, the report states.

In an interview, Robert Hayes told state police that he wasn’t denying being under the influence before the wreck and reiterated that Bethany Hayes insisted on taking the blame. Robert Hayes said Bethany Hayes attempted to call a tow truck for the vehicle prior to police arrival. When asked if Robert Hayes told Bethany Hayes to call a tow truck in an attempt to avoid a police investigation, Robert Hayes said “probably, I think we both discussed it” and that he didn’t “remember who brought it up first,” the report states.

In a separate interview, Bethany Hayes admitted to witnessing Robert Hayes strike a pole with the vehicle and that she insisted on taking the blame. She also confirmed calling a tow truck to prevent police involvement, according to the affidavit.

A search warrant executed on Robert Hayes’ cellphone revealed text conversations between him and Bethany Hayes discussing the wreck, her taking the blame, getting a lawyer and telling police that Robert Hayes had “an alcohol problem” because “your job can’t fire you if you admit that.” Bethany Hayes also told Robert Hayes that she checked the area of the wreck for cameras and that there were none, to which Robert Hayes responded “lmao ok,” the report states.

Current Chief Derek Swope told WTAJ in a statement that the department was aware of Robert Hayes’ charges and an internal affairs investigation was started following the off-duty incident.

“The investigation was turned over to the Pennsylvania State Police once the department learned information that implicated Mr. Hayes criminally and he was immediately placed on administrative leave,” Swope said.

Hayes’ employment with APD was terminated on March 9.