Naples man faces second drunken driving charge after high-speed pursuit

A North Naples man faces his second drunken driving charge after leading deputies on a two-mile chase at speeds of up to 100 mph as he fled to his home Saturday night, deputies say.

James Michael Livingston, 29, of the 100 block of Wading Bird Circle, allegedly reached for Cpl. Ralph Scala's holster as he pushed him to the ground, began crying and told Scala and Deputy Jason Stauffer, "You have nothing on me," according to his arrest report.

In addition to DUI second offense, a misdemeanor, Livingston was charged with fleeing and eluding marked police cars with emergency lights activated, resisting arrest with violence, both felonies, and misdemeanor reckless driving. He also was cited for having an open container of alcohol after deputies found a 32-ounce Olde English Beer bottle, two-thirds full, in the console of his car.

Court records show he was convicted of DUI in October 2007 and sentenced to a month in jail, a year of probation and lost his license for a year. He also was ordered to undergo a substance-abuse evaluation, but later unsuccessfully tried to revoke his plea after his lawyer questioned his competence.

An arrest report gives this account:

Stauffer noticed Livingston's 2010 Kia as it squealed its tires while turning eastbound on Immokalee Road from U.S. 41 North at about 9 p.m. It crossed all three lanes of Immokalee Road and nearly hit the median as it began speeding off. Stauffer, who was southbound on U.S. 41, made a U-turn as Livingston's car began weaving through traffic at speeds of 90 mph to 100 mph.

The car changed lanes, cutting off numerous cars as it went lane to lane and twice drove from the far left to far right to get around traffic.

"Several other vehicles were hitting their brakes in what appeared to be a panic as the suspect vehicle cut through traffic," Stauffer wrote.

As the car approached Airport Road, the light was red, cars were stopped at the light and Livingston's silver car slowed down as it prepared to head northbound on Airport-Pulling Road. But as Stauffer approached with his emergency lights on, Livingston "aggressively" swerved to the right-turn lane before heading south and speeding off again.

With Stauffer behind him, he made a "dangerous U-turn" and headed north on Airport as Stauffer radioed others he was pursuing a speeding, reckless driver. The car sped through a red light on Immokalee Road, then turned west on Piper Boulevard, a 25-mph street, but accelerated to 60 mph to avoid the patrol car, which by now had its lights and siren on.

The silver Kia ran through a stop sign at Crown Drive and again exceeded the speed limit while driving down the middle of the road at 60 mph. Livingston turned east, through a stop sign onto Palm River Boulevard, sped off to Cypress Way East and turned south, running through another stop sign as it drove full circle around Palm River Estates to avoid the deputy.

Livingston's car sped through another stop sign, turning west on Piper Boulevard as Scala joined the pursuit and accelerated north onto Crown Road before Livingston turned into Wading Bird Circle in Piper's Point Apartments. There, he sped around the circle at about 50 mph before swerving into a parking space in front of his apartment.

Stauffer jumped out of his car as Livingston also got out, but Stauffer ordered him back inside at gunpoint. Livingston refused. "Livingston walked toward the back of the car, arrogantly facing off with Cpl. Scala and myself," Stauffer's report says.

Scala ordered him to the ground, but Livingston wouldn't comply and resisted attempts at handcuffing him. He repeatedly pulled away, trying to face and confront them, and reached around Scala's hip, trying to grab his holster. As Livingston told them they had nothing on him, his speech was slurred, he smelled like alcohol and cried. They drove him to a substation, where failed a Breathalyzer test and began to apologize and express remorse.

Livingston's adult record in Collier dates back to 2006. He's been arrested before on battery, grand theft and burglary charges, and has three battery on a law enforcement officer convictions and a past speeding ticket.