Can a person be charged a DUI if the vehicle he had possession of was lodged in a fence not capable of moving?

Passenger allowed a stranger to drive. He was a sober new acquaintance. That person not being familiar with vehicle or area turned car into a fence. Car was impaled also having blown out tire car from resting on curb. Actual driver resided to flee the scene saying he had warrants for arrest. The passenger was going give chase but noticed the car was still in gear as teal tire was turning in gravel. Passenger jumped in put car in park. After a few minutes, passenger tried to figure out why the var was not moving having concerns. Witnesses told police they came on scene after fact noticing a male around driver’s seat but they admit they did not see the accident. Passenger gave full description of the true driver but they failed to investigate or look for the actual driver. Officers took down 3 statements of witnesses yet they said there were 6. The 3 statements given all say they did not see any driver actually having car in motion. Tow truck driver will confirm this car was capable of operations in any way. Are the police officers guilty for not completing all witnesses report? Are they in the wrong for not following up with a driver that left scene? This two I'm thinking, played judge and jury and charged the person at scene.