Late last year Apache Junction Vice Mayor R.E. Eck Jr. was involved in what the Pinal County Sheriff’s Office had coined a "road-rage" incident.

No charges have been filed against Vice Mayor Eck — they were declined by the Gila County Attorney’s Office after its review of charge-seeking documents provided by PCSO officials — but one of two toxicology reports are awaited by law enforcement officials.

The first, to test alcohol content in the blood stream, was negative. The other, sent to the Arizona Department of Public Safety Phoenix Headquarters, has not been returned to law enforcement officials.

That test will be able to tell if Vice Mayor Eck was on any narcotics while operating his motor vehicle at about noon, Oct. 2, PCSO officials say.

In records received by three law enforcement agencies, Vice Mayor Eck admitted to taking oxycodin the night prior to the Oct. 2 incident, which is in relation to treatment for fibromyalgia.

The question that will be answered by the toxicology lab results — the blood was sent to DPS on Oct. 23 — are if narcotics were present in Vice Mayor Eck’s blood stream, how much of that substance was present and if he was under the influence to the slightest degree, law enforcement officials say.

The only charges Vice Mayor Eck may face would be DUI misdemeanor charges pending the outcome of the toxicology report, law enforcement officials say.

Vice Mayor Eck says he expects to pass the narcotics screening just like he did the alcohol test.

"I already cleared one test through another test at another lab," he said in a Feb. 2 phone interview. "Like I say, I completely cleared through another lab. I don’t know the requirements of doing a secondary testing."
While Vice Mayor Eck did respond to questions when asked, he declined to divulge any other details surrounding the alleged "road-rage incident."

"I don’t know what exactly I can tell you," he said of instructions provided by his legal counsel. "I don’t do illegal drugs for anything."

Following the Feb. 2 phone interview, Vice Mayor Eck left a statement on the matter in a phone message.

"I believe in my and my son’s innocence in the matter of the incident that happened Oct. 2," he said in the voice mail. "I believe in our innocence and always have."

Mr. Eck says he is looking forward to the final outcome of the toxicology report.

"I look forward to weathering the storm until this process is over," he explained. "When I hear the process is over, I will make plenty of statements, but until that time I am going to follow my attorney’s advice and remain pretty tight lipped."

According to a synopsis of records received through three separate public records requests filed with the PCSO, GCAO and Pinal County Attorney’s Office, the following transpired at about noon, Oct. 2:

"A 1998 green Chevrolet pickup rear-ended a 2008 black and red Harley Davidson motorcycle causing minor damages to the Harley Davidson motorcycle. After the collision took place, an altercation occurred between the driver of the motorcycle, Eric Martinez and the occupants of the Chevrolet pick-up truck, Robert Eck Jr. and Robert Eck III. (Mr. Martinez) proceeded to strike Robert Eck Jr. with a closed right fist to his face, and in turn Robert Eck Jr. intentionally rammed the motorcycle with a female passenger still seated, Christine Martinez," according to the final report synopsis penned by the reporting PCSO deputy.

The accident occurred in the No. 2 westbound lane on Old West Highway where it intersects at Idaho Road.

Following the altercation, Vice Mayor Eck was taken to Apache Junction Fire District Fire Station 263, 1645 S. Idaho Road, to address his "non-life threatening nor incapacitating injuries," according to sheriff’s reports.

Although Vice Mayor Eck’s injuries were reported by PCSO officials as "non-life threatening," he lost consciousness three times requiring an airlift to Scottsdale Healthcare Osborn hospital, records state.

Ms. Martinez, who was sitting on the back of the motorcycle when Vice Mayor Eck’s pick-up truck hit it, sustained "non-life threatening nor incapacitating injuries" and was taken to Banner Baywood Medical Center via ambulance, records state.

All involved in the incident were released from the hospital, according to PCSO officials.

Upon the investigation following the incident, PCSO investigators sought aggravated assault with a deadly weapon charges against Vice Mayor Eck, records state.

Blood was drawn from Vice Mayor Eck and sent to the Arizona Department of Public Safety for processing, records state.

Since that time, the alcohol portion of the blood test came back negative, but a test gauging the presence of narcotics is still pending, according to PCSO spokeswoman Lt. Tamatha Villar.

Reporting PCSO Deputy K. Nardelli reported the vice mayor’s recent use of oxycodin from speaking to a doctor at the hospital.

The report states: "I departed from the scene and responded to the Scottsdale Osborn Medical Center and contacted Robert Eck Jr. while at the emergency room," the deputy’s report states. "I then spoke with Robert’s attending physician, Dr. Smolenski, who advised me that Robert was in good condition and sustained very minor injury to the left side of his face. Dr. Smolenski advised me that Robert takes oxycodin for fibromyalgia."

Vice Mayor Eck, in Deputy Nardelli’s report, states he did not take any pain medication the day of the incident, but had taken an undetermined amount of oxycodin the night before.

Deputy Nardelli alleges Vice Mayor Eck’s truck hit the motorcycle twice, the first being when both vehicles reached Old West Highway and Idaho Road, which instigated the altercation, the deputy said in a report.

"Based on witness statements and on-scene evidence, the green Chevrolet pick-up driven by Robert Eck Jr., collided with the rear end of the Harley Davidson motorcycle," Deputy Nardelli’s report states. "After the initial collision, an altercation took place and Robert Eck Jr. intentionally rammed the motorcycle for a second time while Eric’s wife, Christine Martinez, was still seated on the rear, causing her to sustain minor injuries."

Following the incident, the case was forwarded to the Pinal County Attorney’s Office for review and possible prosecution, but the PCAO declined to pursue the case, PCSO officials say.

"Under the circumstances, I believe it is necessary to request the review and prosecution of this matter by another office," said Pinal County Attorney James P. Walsh, referencing a previous aggravated assault case involving Vice Mayor Eck in an Oct. 7 letter to the Gila County Attorney’s Office. "For this reason, I am asking you to consider accepting this matter as a conflict of interest."