| Probable cause affidavit: |
SUBMITTED BY: PERUCHE, THOMAS 0638 (AR2096) THE DEFENDANT, MS ATHENA MARIE FOUSER, DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY PERUCHE (0638), WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT DID PULL AWAY AND FLAILED HIS ARMS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. THE DEFENDANT, MS ATHENA MARIE FOUSER, DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: MCDONALDâS RESTAURANT OF CRYSTAL RIVER, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, OR HAVING BEEN AUTHORIZED, LICENSED OR INVITED, IS WARNED BY THE OWNER OR LESSEE OF THE PREMISED, OR BY THE PERSON AUTHORIZE DBY EAST OWNER OF LESSEE, TO DEPART, AND REFUSES TO DO SO. IN VIOLATION OF FLORIDA STATE STATUTES 810.08(1) AND 810.08(2)(B). ON 072312 AT APPROXIMATELY 2230 HOURS, I WAS IN THE PARKING LOT OF THE CRYSTAL RIVER MCDONALDS RESTAURANT, WHICH IS LOCATED AT 625 NE US HIGHWAY 19, IN REFERENCE TO AN UNRELATED ARREST CASE. AFTER THIS CASE HAD CONCLUDED, I OBSERVED A WHITE FEMALE EXIT THE SOUTH SIDE DOORS OF THE MCDONALDâS, AND BEGIN YELLING. AS SHE TURNED AND OBSERVED LAW ENFORCEMENT, SHE BEGAN YELLING FOR US TO COME TO HER. I IMMEDIATELY RECOGNIZED THE FEMALE TO BE, MS ATHENA MARIA FOUSER, DEFENDANT. I APPROACHED THE DEFENDANT, AND SHE BEGAN YELLING AND CURSING, STATING THAT THERE WERE SEVERAL PEOPLE INSIDE OF THE RESTAURANT WHO WERE ANNOYING HER. I ADVISED THE DEFENDANT THAT IF THEY WERE ANNOYING HER, SHE MAY WISH TO MOVE, OR LEAVE THE AREA. AT THAT TIME, THE DEFENDANT STATED, âFUCK YOU, IâM NOT LEAVING, I WAS HERE FIRST.â THE DEFENDANT THEN LEFT, AND RETURNED INSIDE OF THE RESTAURANT, WHERE I OBSERVED HER CONTINUING TO YELL AND SCREAM PROFANITIES INSIDE OF THE RESTAURANT, WHICH DREW ATTENTION FROM ALL EMPLOYEES AND PATRONS. I ENTERED THE RESTAURANT AND TOLD THE DEFENDANT THAT SHE NEEDED TO REFRAIN FROM CURSING AND SWEARING. THE DEFENDANT CONTINUED TO DO SO. THE MANAGER, MR JAMES BHUNIAK, ADVISED THAT HE WISHED TO HAVE THE DEFENDANT REMOVED FROM THE PROPERTY, AND FURTHER ADVISED THAT HE WISHED THE DEFENDANT TO BE TRESPASSED FROM THE RESTAURANT. I INSTRUCTED THE DEFENDANT TO LEAVE THE PROPERTY OF THE RESTAURANT, AND ADVISED HER THAT SHE WAS BEING TRESPASSED AND COULD NOT RETURN. AT THAT TIME, SHE CONTINUED TO YELL PROFANITIES AT MYSELF, AND REFUSED TO LEAVE THE PREMISES. THE DEFENDANT DID WALK TO THE SOUTH SIDE DOORS, BUT WOULD NOT MOVE ANY FURTHER, AFTER MULTIPLE REQUESTS AND ORDERS TO LEAVE THE PREMISES. THE DEFENDANT CONTINUED TO SCREAM PROFANITIES. I THEN ASKED HER DIRECTLY, IF SHE WAS REFUSING TO LEAVE, TO WHICH SHE ADVISED THAT SHE WAS REFUSING AND WOULD NOT LEAVE. AT THAT TIME, I GRABBED THE DEFENDANTâS RIGHT ARM, AND ATTEMPTED TO PLACE HER INTO HANDCUFFS. WHILE DOING SO, I ADVISED THE DEFENDANT THAT SHE WAS BEING PLACED UNDER ARREST. AT THAT TIME, SHE BEGAN TO SWING AND FLAIL HER ARMS AND ATTEMPT TO PULL AWAY. THE DEFENDANT FELL TO THE GROUND WHILE DOING SO. THE DEFENDANT WAS THEN HANDCUFFED, DOUBLE LOCKED BEHIND HER BACK, AND ESCORTED TO MY PATROL VEHICLE. WHILE BEING ESCORTED, THE DEFENDANT CONTINUED TO YELL PROFANITIES, AND CONTINUED TO RESIST BEING ESCORTED, BY ATTEMPTING TO PULL HER ARMS AWAY FROM THIS DEPUTY. THE DEFENDANT WAS SECURED IN THE REAR OF MY PATROL VEHICLE, WHERE SHE CONTINUED TO YELL AND SCREAM. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT CONTINUED YELLING AND SCREAMING, AS WELL KICKING THE SIDE DOORS, AND BANGING HER HEAD AGAINST THE PLEXIGLASS WINDOWS BETWEEN THE FRONT AND REAR SEATS. UPON ARRIVAL AT THE DETENTION FACILITY, I HAD REQUESTED ASSISTANCE IN THE SALLY PORT, AS THE DEFENDANT WAS CONTINUING TO BE UNCONTROLLABLE. AS THE DETENTION FACILITY STAFF OPENED THE REAR DOOR, THE DEFENDANT KICKED THE REAR DOOR, WHICH FLEW OPEN, STRIKING ME IN THE LEGS. THE DEFENDANT WAS THEN ESCORTED FROM THE VEHICLE INTO THE DETENTION FACILITY. BOND WAS SET AT $1,000.00, PER THE SCHEDULE. |
