| Probable cause affidavit: |
SUBMITTED BY: FLORIDA WILDLIFE COMMISSION OFFICER MORGAN WILLIS (AR16-19655) AT APPROXIMATELY 1850 HOURS, I, OFFICER MORGAN WILLIS WITH THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, AND OFFICER RYAN CRANE (FWC) WERE ON WATER PATROL NEAR SALT RIVER. I OBSERVED A 22FT ALUMINUM JON BOAT (FL3326PY) REVVING THE MOTOR AND PROP WASHING OTHER VESSELS BEHIND THEM. I ALSO OBSERVED A WHITE MALE OPERATING THE VESSEL (ANDREW JAMES STICHTER (DOB 06/12/1990). WHILE ATTEMPTING TO STOP THE VESSEL, I ADVISED STICHTER TO PUT THE VESSEL IN NEUTRAL AND HE PROCEEDED TO PUT THE VESSEL IN REVERSE CONTRARY TO DIRECTIONS. EVENTUALLY STICHTER PUT THE BOAT IN NEUTRAL AND I WAS ABLE TO CONDUCT A BOATING SAFETY INSPECTION. DURING THE VESSEL SAFETY INSPECTION, I GAVE STICHTER A LIST OF BOATING SAFETY EQUIPMENT. WHILE SHOWING ME THE VESSEL REGISTRATION, STITCHER SEEMED CONFUSED AND ASKED ME FOR THE LIST AGAIN. WHILE LOOKING FOR THESE ITEMS, HE REMOVED HIS SUNGLASSES AND I IMMEDIATELY NOTICED HE DISPLAYED BLOODSHOT EYES. HE THEN SHOWED ME HIS LIFE JACKETS, FLARES, AND TYPE IV THROWABLE DEVICE. WHILE LOCATING THE REQUIRED BOATING SAFETY EQUIPMENT, STICHTER WAS GRABBING ONTO THE VESSEL IN AN ATTEMPT TO REMAIN BALANCED. STITCHER THEN ASKED WHAT REMAINED AGAIN AND THEN SHOWED ME THE FIRE EXTINGUISHER. THROUGHOUT THE INSPECTION, STITCHER APPEARED SLUGGISH AND WAS USING HIS HANDS TO REMAIN BALANCED. BASED ON MY TRAINING AND EXPERIENCE, I BELIEVED THAT STITCHER WAS OPERATING HIS VESSEL WHILE IMPAIRED. I REQUESTED IF HE WOULD CONSENT TO FIELD SOBRIETY TASKS SINCE WE WERE IN AN AREA OF THE RIVER THAT WAS CALM. AND HE IMMEDIATELY JUMPED ONTO MY PATROL VESSEL. I ASKED STICHTER TO BE SEATED ON THE FRONT OF MY VESSEL AND ASKED HIM IF HE WAS IN A COMFORTABLE, STABLE, SEATED POSITION, TO WHICH HE REPLIED âYESâ. I DOCUMENTED THE FOLLOWING INDICATORS OF IMPAIRMENT: HORIZONTAL GAZE NYSTAGMUS: HE WAS NOT WEARING CONTACT LENSES. HE HAD LACK OF SMOOTH PURSUIT IN BOTH EYES DISTINCT & SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH EYES ONSET OF NYSTAGMUS PRIOR TO 45-DEGREES IN BOTH EYES HE WAS USING HIS HEAD TO TRACK THE STIMULUS DURING THE TASK. FINGER TO NOSE: WHILE EXPLAINING HOW TO TILT HIS HEAD BACK TO 45 DEGREES, HE STATED THAT HE IS GOOD AT GEOGRAPHY. DURING THE TASK, HE DID NOT CLOSE HIS EYES. HE DID NOT TILT HIS HEAD. HIS EYES REMAINED OPEN THROUGHOUT THE ENTIRE TASK. HE DID NOT BRING HIS HAND DOWN THROUGHOUT THE ENTIRE TASK. HE SEARCHED FOR HIS NOSE TWICE. HE USED THE WRONG HAND ONCE. HE HESITATED ONCE WHILE BRING HIS FINGER TO HIS NOSE ONCE. PALM PAT: WHILE READING THE PREPARED TEXT, HE WAS UNABLE TO FOLLOW INSTRUCTIONS. HE BEGAN THE TASK AT THE WRONG TIME. HE ROLLED HIS HANDS THROUGHOUT THE PATS. HE PERFORMED A CHOPPED PAT. HE DID NOT INCREASE HIS SPEED THROUGHOUT THE TASK. HAND COORDINATION: WHILE EXPLAINING THE TASK, HE BECAME DISTRACTED AND IGNORED THE INSTRUCTIONS UNTIL BEING TOLD TO PAY ATTENTION. AFTER HIS ATTENTION WAS GAINED, HE TOUCHED MY RIGHT ARM AND APOLOGIZED. AFTER EXPLAINING THE TASK FULLY FROM THE PREPARED TEXT, STICHTER ACKNOWLEDGED THAT HE UNDERSTOOD THE INSTRUCTIONS AND TASK. HE WAS UNABLE TO FOLLOW INSTRUCTIONS. STICHTER BEGAN THE TASK CONTRARY TO PRIOR INSTRUCTIONS AND DID NOT COMPLETE THE FORWARD STEPS IN TASK ONE. STICHTER CLAPPED TWICE AND DID NOT COUNT ALOUD CONTRARY TO INSTRUCTIONS. ON TASK THREE, HE PERFORMED AN IMPROPER COUNT. HE PERFORMED AN IMPROPER TOUCH HE DID NOT RETURN LEFT FIST TO CHEST, CONTRARY TO PRIOR INSTRUCTIONS. ON TASK FOUR, HE DID NOT RETURN HIS FISTS TO HIS CHEST AND DROPPED THEM TO HIS SIDES. AT THIS TIME, I ASKED STICHTER IF HE WOULD PERFORM TWO MORE LAND TASKS TO WHICH HE REPLIED âYESâ. WE PROCEEDED APPROXIMATELY 50 YARDS TO THE MARINE SCIENCE CENTER. WHILE EN ROUTE TO THE MARINE CENTER, I HAD STICHTER PUT ON A BASIC ORANGE LIFE JACKET, WHICH HE HAD DIFFICULTY PUTTING IT ON PROPERLY. UPON ARRIVAL TO THE MARINE CENTER, I DIRECTED STICHTER TO A FLAT AND LEVEL SURFACE TO PERFORM THE REMAINING TWO TASKS AND THE FOLLOWING OBSERVATIONS OF IMPAIRMENT WERE OBSERVED: WALK AND TURN: WHILE READING THE INSTRUCTIONS FROM THE PREPARED TEXTS, STICHTER LOST BALANCE TWICE. DURING THE TASK, HE DID NOT TOUCH HEEL TO TOE ON ANY STEPS. HE USED HIS ARMS TO BALANCE DURING THE TASK. HE PERFORMED AN IMPROPER TURN. ONE LEG STAND: WHILE PERFORMING THE TASK, HE SWAYED WHILE BALANCING. HE DID NOT KEEP ARMS AT HIS SIDES. HE DID NOT WATCH HIS RAISED FOOT. AT 1909 HOURS, BASED ON MY PROBABLE CAUSE, I ADVISED STICHTER THAT HE WAS UNDER ARREST FOR OPERATING A VESSEL WHILE IMPAIRED. STICHTER WAS HANDCUFFED AND DOUBLED LOCKED AND WAS TRANSPORTED TO CITRUS COUNTY JAIL BY A CITRUS COUNTY SHERIFFâS DEPUTY. THE VESSEL WAS TURNED OVER TO RICHARD CARLSON WITH STICHTERS PERMISSION. UPON ARRIVAL TO CITRUS COUNTY DETENTION FACILITY STICHTER WAS READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO AN APPROVED TEST OF HIS BREATH TO DETERMINE HIS BREATH ALCOHOL CONTENT. STICHTER STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE RESULTS BEING .122 AND .120. FOLLOWING THE BREATH TEST, STICHTER WAS ISSUED A CITATION (V468899) FOR OPERATING A VESSEL WITH AN UNLAWFUL BREATH ALCOHOL LEVEL OF 0.08 OR MORE GRAMS OF ALCOHOL PER 210 LITERS OF BREATH, IN VIOLATION OF STATE STATUTE 327.35(1)(C). NARRATIVE TYPED BY: FLORIDA WILDLIFE COMMISSION OFFICER MORGAN WILLIS |
