DELAWARE CO, Ind — A Muncie man has been charged after a reported February accident involving a Delaware county deputy.

Court documents show the incident happened off 12th Street and the Tillotson Overpass just after 2 p.m. on February 14. Officers were called on the reports of a deputy lying on the ground “unconscious”. He was identified as 45-year-old Deputy Martin Boggs and was taken to a local hospital.

Officers believed the driver of a white Chevy truck, 62-year-old Tod Phipps was under the influence. Police found an alcohol container on the floor and blood on the driver’s seat of the truck after noticing the front end of the Chevy was against the front of the sheriff’s vehicle.

Court documents show Phipps had blood on his face and watery eyes. He was also slurring his words and officers could smell a strong odor of an alcoholic beverage. When asked what happened, Phipps told officers he had a “relapse” and after getting upset he went on to state it meant alcohol. Officers were initially unable to get field sobriety tests after Phipps refused. He was then taken to a local hospital followed by police.

A judge then granted deputies a blood draw warrant to test Phipps blood. Court documents state Deputy Boggs was experiencing body pain at the hospital. He told investigators he was traveling northeast on the Tillotson Overpass when he saw the Chevy truck angling towards his vehicle. He then attempted to turn out of the path but was unable to do so. After colliding the airbags were deployed and Deputy Boggs stated he crawled out to call out the crash on the radio but couldn’t remember losing consciousness.

Investigators then circled back to Phipps and claim he stated he was traveling to get some milk when he lost control at the turn of the overpass causing the crash into the side of the sheriff’s car.

According to the probable cause affidavit the Indiana Department of Toxicology found Phipps had an alcohol concentration of 365 grams per 100 milliliters of blood.

Phipps is set to have an initial hearing June 5.