The Potter County Attorney’s Office has declined to pursue a driving while intoxicated (DWI) charge against Amarillo Police Department Assistant Chief Ken Funtek, following a June 19 crash involving his personal vehicle. The decision comes amid an ongoing review of the incident, which has drawn public scrutiny due to questions surrounding Funtek’s conduct and the department’s handling of the case.
County Attorney Scott Brumley said the DWI charge, as presented to his office, could not be supported by the evidence.
“As the charge was presented,” Brumley said, “Funtek was not on scene at the time law enforcement responded to the scene of the crash, and was not contacted at any point thereafter.” Because of that, he added, “there was no recorded test of Funtek’s blood alcohol concentration at the time.”
Brumley emphasized that a DWI charge requires proof beyond a reasonable doubt that the driver either had a blood alcohol concentration of 0.08 or higher or had lost the normal use of their mental or physical faculties due to alcohol or other intoxicating substances. In Funtek’s case, Brumley said that standard could not be met.
“There was a lack of clear evidence regarding his alleged condition at the time of the crash,” he said, pointing also to “uncertainties expressed in the witness statements” provided in the case file.
While no charges will be filed at this time, Brumley noted the two-year statute of limitations on DWI cases means the case can still be re-evaluated if new evidence surfaces before June 19, 2027.
Separately, Brumley’s office confirmed it had not received any charge related to Funtek allegedly leaving the scene of the crash.
Crash and Incident Report
The crash occurred in the 1600 block of South Kentucky Street on private property. At the time, responding Amarillo police officers reported that insurance information had been exchanged and no citations were issued. Initial descriptions from police framed the incident as minor.
However, after a Freedom of Information Act (FOIA) request filed by High Plains Pundit, it was revealed that the off-duty officer involved was Assistant Chief Ken Funtek. According to the incident report, some witnesses suspected the driver of being intoxicated, with one alleging that Funtek’s vehicle had abruptly cut off another in the center lane prior to the crash.
Though officers initially considered the possibility of a DWI, Funtek was no longer on the scene by the time police arrived. The report indicates that officers were unable to determine whether intoxication was a factor due to his absence.
A supplement to the report dated July 29 shows that Amarillo Police Department leadership later directed staff to formally submit the DWI portion of the case to the Potter County Attorney’s Office — more than a month after the crash.
Department Responds to Public Concern
In a public statement issued July 29, Interim Police Chief Jimmy Johnson sought to clarify details of the incident following growing public interest.
“We are aware of inaccurate reports labeling the incident as a hit-and-run. That is incorrect,” Johnson said. “Officers responded to the scene under reports of a potential hit-and-run; however, after reviewing witness affidavits collected at the scene and conducting further investigation, they confirmed that the parties exchanged insurance information as required by the Texas Transportation Code.”
Johnson declined to comment further, citing departmental policy and the ongoing review by the county attorney. “Per departmental policy and civil service rules, we do not comment on internal personnel matters,” he said.
Retirement Announced Amid Scrutiny
On the same day the public statement was released, Assistant Chief Funtek announced he will retire from the Amarillo Police Department effective August 11, 2025, after 33 years of service.
“I am thankful for being able to serve my community and country for many decades,” said Funtek, who began his APD career in October 1992 after serving in the United States Marine Corps.
During his time with the department, Funtek served in a wide range of roles, including Patrol Officer, K-9 Handler, School Liaison Officer, and Captain over the Training and Personnel Division. Promoted to Assistant Chief in 2015, he also earned a master’s degree, graduated from the FBI National Academy, and attained a Master Peace Officer License from the Texas Commission on Law Enforcement.
The department has not indicated whether his retirement is related to the June incident, and there is no public record at this time of any internal disciplinary investigation.
“Generally, in incidents like this in nature, because it occurred on private property, there were no injuries and both parties exchanged information, a police report is not typically done nor required, and often police are not even dispatched to the scene.
"But in this case, the caller stated this was a hit and run, and officers were sent. Once they learned that all legal requirements were met at the scene, per the Texas Transportation Code, it was determined there was not sufficient cause to pursue additional action.
"With the case now closed and Officer Funtek’s retirement announced, there will not be any additional interviews or comments at this time,” APD said in a statement.
Ongoing Questions
Despite the decision not to file charges now, the incident has sparked questions from the public and media alike, especially given Funtek’s senior role and the department’s evolving narrative.
While the Amarillo Police Department maintains that protocol was followed and there is no evidence of a hit-and-run, the late submission of the DWI case and the witness concerns highlighted in the report have left lingering doubts about transparency and accountability in handling the matter.
