Law enforcement agencies in Carroll say a man arrested twice in one night for drunk driving should have been held in jail after the first arrest.

Forty-year-old Kenneth Kayce Harris was first stopped last Tuesday, just before 9 p.m., and ticketed for having a revoked driver’s license and for not having proof of insurance. About two hours later, he was stopped again and charged with first offense OWI and released.

Then, at about 2 a.m., the same officer saw Harris at an apartment complex, getting out of the driver’s side of a vehicle. Harris was charged with an open container violation and trespassing, as well as the list of previous violations, but released. The arresting officer’s report said Harris was released because the Carroll County Jail was at “full capacity.”

The county sheriff and Carroll Chief of Police say the police officer was notified that a holding cell was empty. The police chief says his officer did arrange for a responsible party to pick up Harris so he wouldn’t be driving and that person could get a citation if they let Harris drive again that night.

(By Chantelle Grove and Nathan Konz, KCIM, Carroll)