| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (AR1200487) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193; DID USE FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL BEVERAGE OR CHEMICAL SUBSTANCE OR CONTROLLED SUBSTANCE. AS USED IN THE FLORIDA STATE STATUTE 790.151 â 790.157 TO USE A FIREARM MEANS TO DISCHARGE A FIREARM OR TO HAVE A FIREARM READILY ACCESSIBLE FOR IMMEDIATE DISCHARGE FOR THE PURPOSE OF THIS SECTION READILY ACCESSIBLE FOR IMMEDIATE DISCHARGE MEANS LOADED AND IN THE PERSONS HAND. DID IMPROPERLY EXHIBIT A DANGEROUS WEAPON OR FIREARM. IF ANY PERSON HAVING OR CARRYING ANY DIRK, SWORD, SWORD CANE, FIREARM, ELECTRIC WEAPON OR DEVICE, OR OTHER WEAPON SHALL, IN THE PRESENCE OF ONE OR MORE PERSONS EXHIBIT THE SAME IN A RUDE, CARELESS, ANGRY, OR THREATENING MANNER, NOT IN NECESSARY SELF DEFENSE, THE PERSON SO OFFENDED SHALL BE GUILTY OF MISDEMEANOR OF THE FIRST DEGREE. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY LAHERA, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT WAS ORDERED SEVERAL TIMES THROUGH MY PA SYSTEM TO PUT HIS HANDS IN THE AIR, TO EXIT HIS VEHICLE AND TO LET GO OF HIS SHOTGUN, THE DEFENDANT DID NOT COMPLY AND BEGAN TO PLAY WITH HIS IGNITION, REACH AROUND IN HIS VEHICLE AND GRAB HIS SHIFT SELECTOR, AFTER NUMEROUS TIMES OF YELLING MY COMMANDS THROUGH THE PA SYSTEM, THE DEFENDANT EXITED HIS VEHICLE AND BEGAN TO COMPLY, WHEN HE WAS THEN ASKED TO WALK BACKWARDS TO THE SOUND OF MY VOICE HE DROPPED HIS HANDS AND WENT TO THE GROUND, AND WOULD NOT FOLLOW MY COMMANDS ANY FURTHER. WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. ON 032812, WHILE DOING ROUTINE PATROL ON FLORIDA AVENUE HEADING SOUTHBOUND, I OBSERVED A 2001 FORD SPORTS TRACK WITH ITS LIGHTS OFF PARKED ON THE WEST SIDE OF THE ROAD APPROXIMATELY 100 YARDS FROM THE HOLDERS BOWLING ALLEY. I THEN NOTIFIED DISPATCH OF A SUSPICIOUS VEHICLE. I THEN GOT BEHIND THE VEHICLE WHERE I CALLED OUT LICENSE PLATE NUMBER H991UG. I THEN ILLUMINATED THE VEHICLE WITH MY SPOTLIGHT ON OBSERVATION. WHILE WALKING UP TO THE VEHICLE I OBSERVED THAT THE VEHICLE WAS RUNNING, I THEN OBSERVED THE DEFENDANT, MR ANTHONY NOTT, WHO WAS LAYING DOWN IN THE DRIVERâS SIDE WITH HIS RIGHT HAND ON THE PASSENGER SIDE HOLDING A SHOTGUN. SEVERAL ATTEMPTS WERE MADE TO WAKE UP ANTHONY, I WAS POUNDING ON HIS WINDOWS AND DOORS WITH MY FISTS CALLING OUT SHERIFFâS OFFICE BUT ANTHONY WAS NON RESPONDENT TO MY COMMANDS. AT THAT TIME, I CALLED FOR BACK-UP. I THEN BEGAN POUNDING ON HIS WINDOW WITH MY FLASHLIGHT, WHERE I KEPT ON YELLING OUT SHERIFFâS OFFICE BUT ANTHONY WOULD NOT RESPOND. KEEPING HIS HAND ON HIS FIREARM AND THEN TURING HIS HEAD FROM LEFT TO RIGHT. I THEN RETURNED TO THE REAR OF MY PATROL VEHICLE FOR COVER UNTIL BACK-UP OFFICERS ARRIVED. I THEN BEGAN TO SHOUT OUT COMMANDS THROUGH MY PA SYSTEM, WHICH WAS SET ON ITS LOUDEST SETTING. AFTER SEVERAL TIMES OF YELLING OUT SHOW ME YOUR HANDS THE DEFENDANT RAISED OUT OF HIS SEAT AND BEGAN TO PLAY WITH HIS IGNITION AND THEN BEGAN REACHING AROUND HIS VEHICLE AND BEGAN TO GRAB HIS SHIFT SELECTOR. IT TOOK SEVERAL MORE TIME OF YELLING FOR HIM TO EXIT HIS VEHICLE BEFORE HE FINALLY COMPLIED WITH MY DEMANDS. HE THEN EXITED HIS VEHICLE WHERE HE WAS REQUESTED TO RAISE HIS HANDS AND WALK BACKWARD TO THE SOUND OF MY VOICE. HE THEN PUT HIS HANDS ON HIS HEAD TOOK ONE STEP BACK STOPPED LISTENING TO MY COMMANDS WHERE HE DROPPED HIS HANDS AND THEN BEGAN TO KNEEL TOWARDS THE FLOOR, WHERE MY BACK-UP OFFICERS THEN RUSHED IN AND TOOK CUSTODY OF MR ANTHONY NOTT. THERE WAS A HEAVY ALCOHOLIC BEVERAGE EMITTING FORM HIS PERSON. HE WAS ASKED WHY HE DID NOT COMPLY, WHERE HE STATED, âI DID NOT DO ANYTHING WRONG AND I AM WITHIN MY LEGAL RIGHTSâ. IT THEN ASKED MR NOTT IF HE WOULD BE WILLING TO DO FIELD SOBRIETY TASKS FOR ME, WHICH HE STATED HE WOULD NOT. I THEN CALLED TELETYPE WHERE I RAN THE SUBJECT MR ANTHONY NOTT, TO SEE IF HE WAS WANTED AND HIS DRIVER'S LICENSE STATUS, WHICH CAME BACK VALID. I THEN RECOVERED A REMINGTON MODEL 1100, 12 GAUGE SHOTGUN, WITH SERIAL NUMBER OF 74018V THIS WAS ALSO RUN THROUGH TELETYPE WHICH CAME BACK NEGATIVE FOR BEING STOLEN. I THEN REMOVED FOUR 12GAUGE ROUNDS FROM THE SHOTGUN, WHICH WILL ALONG WITH THE FIREARM TURNED OVER TO THE CITRUS COUNTY SHERIFFâS OFFICE EVIDENCE DIVISION. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) AND ADVISED HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, POSSESSION OF A FIREARM BY INTOXICATED SUBJECT, BRANDISHING OF WEAPON, AND RESISTING WITHOUT VIOLENCE. I THEN PLACED MR NOTT IN THE REAR OR MY PATROL VEHICLE. A ROTATION WRECKER WAS REQUESTED AND ADVANCED TOWING RESPONDED AND TOWED THE VEHICLE. DEPUTY SCHAFFER THEN FILLED OUT A VEHICLE TOW SHEET WHICH WILL BE TURNED OVER TO THE CITRUS COUNTY SHERIFFâS OFFICE RECORDS DEPARTMENT. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, MR NOTT, MADE A STATEMENT THAT HE WAS A SINGLE FATHER AND THAT HE HAD AN IMPORTANT JOB INTERVIEW ON MONDAY AND IF THERE WAS ANY THING I COULD DO TO HELP HIM OUT., AND THAT THIS WAS THE FIRST TIME IN TWO YEARS THAT HE WAS ABLE TO GO OUT SINCE HE IS A SINGLE FATHER AND THAT HE DRANK TOO MUCH AND HE KNEW HE MADE A MISTAKE. I THEN ADVISED MR NOTT OF HIS MIRANDA WARNING VIA AGENCY CARD, HE WAS ALSO ADVISED THAT THE REFUSAL WAS AN AUTOMATIC SUSPENSION OF HIS DRIVER'S LICENSE, WHERE HE BEGAN TO CRY IN MY BACK SEAT STATING âI CANâT BELIEVE I MADE SUCH A MISTAKE I FâD UP I FâD UP AN NOW MY KIDS HAVE TO PAY CONSEQUENCES FOR WHAT I DIDâ. HE WAS THEN DELIVERED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT ANY FURTHER INCIDENT. THE DEFENDANTâS BOND WAS SET AT A TOTAL OF $2,250.00, PER THE BOND SCHEDULE. HE WAS THEN ISSUED FLORIDA UNIFORM CITATION NUMBER 6259-GQF-5, FOR OPEN CONTAINER, MR NOTT HAD ONE OPEN CONTAINER IN THE FRONT CONSOL OF HIS VEHICLE, HE HAD SIX EMPTY CONTAINERS IN THE TRUCK BED OF HIS VEHICLE, AND TWO CLOSED CONTAINERS IN AN ICE CHEST FULL OF ICE. HE WAS THEN ISSUED CITATION 4921-XDX-1, FOR DRIVING UNDER THE INFLUENCE REFUSAL TO SUBMIT WITH A COURT DATE SET ON 041212 AT 1300 HOURS. |
