| Probable cause affidavit: |
SUBMITTED BY: CRUZ, ABNER 0517 (AR10118054) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CRUZ, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: CONDUCTING A TRAFFIC STOP WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. did knowingly, actually and intentionally touch or strike DEPUTY CRUZ AND DEPUTY TACKETT, LAW ENFORCEMENT OFFICERS, against the will of thOSE personS while knowing that the said OFFICERS wERE engaged in a lawful performance of THEIR legal duties, in violation of Florida Statute 784.07 DID UNLAWFULLY, INTENTIONALLY AND MALICIOUSLY TOUCH, STRIKE, OR CAUSE BODILY HARM TO A POLICE DOG, TO WIT: KICKING K-9 PRIEST IN THE RIB CAGE ON THE LEFT SIDE, THE REAR LEFT LEG, GRABBED THE K-9'S RIGHT EAR AND TWISTED IT IN ATTEMPT TO MAKE THE DOG RELEASE HIM, IN VIOLATION OF FLORIDA STATE STATUTE 843.19(3). ON 112210 WHILE TRAVELING ON NORTH DELTONA BOULEVARD I OBSERVED A SILVER VAN TRAVELING ON THE WRONG SIDE OF LANE, AT WHICH TIME I TURNED AROUND AND PROCEEDED TO INITIATE A TRAFFIC STOP BY ACTIVATING MY EMERGENCY LIGHTS. THE VEHICLE CAME TO A COMPLETE STOP AT NORTH ELLIOT WAY AND WEST GARDENIA DRIVE. AT WHICH TIME I APPROACHED THE DRIVER SIDE OF THE VEHICLE AND REQUESTED THE DRIVER'S DRIVER'S LICENSE, REGISTRATION AND PROOF OF INSURANCE. I THEN OBSERVED THE FRONT PASSENGER HAVING TWO OPEN BEERS ON HIS LAP, AT WHICH TIME I REQUESTED HIS IDENTIFICATION, WHICH HE PROVIDED. HE WAS IDENTIFIED AS ANGEL LUIS GONZALEZ. I ALSO REQUESTED IDENTIFICATION FOR THE BACK SEAT PASSENGER AS WELL. AT THAT TIME K-9 DEPUTY TACKETT HAD RESPONDED TO THE LOCATION OF MY TRAFFIC STOP. I THEN RETURNED BACK TO MY VEHICLE TO VERIFY THE INFORMATION I RECEIVED. AT THAT TIME I DISCOVERED THE DRIVER WAS DRIVING WHILE LICENSE SUSPENDED, REFERENCE CASE 10110834. AT THAT TIME I RETURNED BACK TO THE DEFENDANT'S VEHICLE. I EXPLAINED TO THE DRIVER THAT HIS LICENSE WAS SUSPENDED, TO WHICH HE ACKNOWLEDGED HE KNEW ABOUT IT. I THEN APPROACHED THE PASSENGER SIDE OF THE VEHICLE WHERE DEPUTY TACKETT WAS. AT THAT TIME I ASKED THE BACKSEAT PASSENGER WHO THE BEER BELONGS TO, TO WHICH THE FRONT PASSENGER SAID "ALL THE BEERS ARE MINE". HE THEN STATED "IF YOU ARE GOING TO ARREST SOMEBODY ARREST ME BECAUSE THE BEERS ARE MINE". AT WHICH TIME MR GONZALEZ, WHICH WAS THE FRONT PASSENGER, UNBUCKLED HIS SEATBELT AND STATED "JUST TAKE ME TO JAIL". HE THEN PROCEEDED TO OPEN HIS DOOR, AT WHICH TIME WE TOLD HIM TO STAY INSIDE THE VEHICLE. HE COMPLETELY EXITED THE VEHICLE, TURNED AROUND AND PUT HIS HANDS ON THE ROOF OF THE VEHICLE. AT WHICH TIME MYSELF AND DEPUTY TACKETT REQUESTED HIM TO RETURN BACK INSIDE, SEVERAL TIMES. I THEN PUT MY HAND ON HIS RIGHT SHOULDER AND DEPUTY TACKETT PLACED HIS RIGHT HAND ON HIS LEFT SHOULDER, IN AN ATTEMPT TO MAKE HIM GO INSIDE THE VEHICLE. AT WHICH TIME, WITH HIS LEFT HAND, HE BACK SLAPPED DEPUTY TACKETT'S HAND, AS WELL AS MINE, STRIKING ME ON MY LEFT SHOULDER. HE THEN LUNGED HIMSELF INSIDE THE VEHICLE AND BEGAN KICKING MYSELF AND DEPUTY TACKETT. WE THEN PULLED HIM OUT OF THE VEHICLE BY HIS LEGS, WHILE HE CONTINUED ATTEMPTING TO KICK AND STRIKE WITH HIS HANDS. AT WHICH TIME WE BEGAN TO ASK HIM TO STOP RESISTING. AT WHICH TIME HE AGAIN BECAME COMBATIVE, STRIKING ME IN THE FACE WITH HIS FIST, AS WELL AS KICKING MY LEFT KNEE NUMEROUS TIMES, ALSO KICKING AND SLAPPING AT DEPUTY TACKETT. WE KEPT ADVISING HIM TO STOP RESISTING, WHICH HE DID NOT COMPLY. AT THAT TIME DEPUTY TACKETT RELEASED K-9 PRIEST. K-9 PRIEST APPROACHED THE DEFENDANT ON THE LEFT SIDE, AT WHICH TIME HE APPREHENDED HIS LEFT WRIST. THE DEFENDANT THEN BEGAN KICKING THE K-9, TWISTING HIS EARS, ATTEMPTING TO MAKE THE K-9 RELEASE HIM. AT THAT TIME I RETRIEVED AND DEPLOYED MY TASER AT HIM, WITH ONLY ON PRONG STRIKING HIM, THE OTHER ONE MISSED. HE CONTINUED TO RESIST AND CONTINUED TO KICK MYSELF AND DEPUTY TACKETT. IT WAS AT THAT TIME I RETRIEVED MY BATON AND STRUCK HIM ON THE LEFT BICEP ONE TIME, THEN I STRUCK HIM ON HIS LEFT THIGH ONE TIME. IT WAS AT THAT TIME THAT DEPUTY TACKETT WAS ABLE TO HANDCUFF HIM AND REMOVE THE K-9. AT THAT TIME HE CONTINUED TO REMAIN VIOLENT, STILL ATTEMPTING TO KICK, EVENTUALLY BANGING HIS HEAD ON THE GROUND, CAUSING HIM TO PASS OUT. EMERGENCY MEDICAL SERVICES WAS CALLED TO THE SCENE, AT WHICH TIME HE WAS TRANSPORTED TO SEVEN RIVERS HOSPITAL WHERE HE WAS TREATED AND MEDICALLY CLEARED. HE WAS THEN ONCE AGAIN HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY HUGHES. HE WAS ALSO ISSUED A CITATION FOR AN OPEN CONTAINER CITATION NUMBER 2947-FYA. THE DEFENDANT'S BOND WAS SET AT $15,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
