An officer with the Winder Police Department was driving along Capitol Avenue near the intersection with Elm Street about 12:45 a.m. Oct. 21 and observed three males standing on the corner — one seemed unsteady on his feet and held a small paper cup, according to an incident report. 

When the officer turned the patrol vehicle around, stopped and exited the car, the subject was seen pouring out the contents of the cup, crushing it and throwing it on the ground. Upon approaching the subject, the officer smelled alcohol and the man was slurring his speech. 

According to the incident report, the suspect informed the officer the paper cup was not an open container of alcohol and stated, "It could be cool aid [sic] for all you know, how the [expletive deleted] you know what's in it!"

When the officer retrieved the crumpled cup, it smelled of alcohol. 

Ernest Cooper, 58, of 153 Wood Circle was arrested and charged with charged with open container, littering, public drunkenness and pedestrian must walk on sidewalk/shoulder. 

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