| Probable cause affidavit: |
SUBMITTED BY: DOCTOR, 1395 (16-2907) (AR16-17874) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: 7468 NORTH FERNANDINA AVENUE, IN DUNNELLON, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, AND AFTER HAVING BEEN PREVIOUSLY WARNED BY A ENCLOSED AREA CLEARLY MARKED WITH NO TRESPASSING SIGNS, IN VIOLATION OF FLORIDA STATE STATUTES 810.09(1)(A). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY DOCTOR, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO MAKE CONTACT IN REFERENCE TO A WARRANT FROM LEVY COUNTY AND THE DEFENDANT FLED BY FOOT, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 010716, I WAS DISPATCH TO AN UNKNOWN ADDRESS ON WEST LAURA STREET IN REFERENCE TO A WANTED PERSON. THE DESCRIPTION MADE AVAILABLE WAS OF A WHITE MALE, 5'11", BLACK HAIR WITH A NAME OF BARRY BRIAN SMITH, LATER IDENTIFIED AS THE DEFENDANT WITH A DATE OF BIRTH 121080, WHO WAS WORKING OUTSIDE IN THE YARD. CITRUS COUNTY CRIME ANALYST LASHER VERIFIED THERE WAS A POSSIBLE WARRANT FOR THE SUBJECT FOR VIOLATION OF PROBATION OUT OF LEVY COUNTY AND PRODUCED A PHOTOGRAPH OF THE SUBJECT. UPON ARRIVAL AT 7812 WEST LAURA STREET IN DUNNELLON, DEPUTY ROUSH 0436 AND I, WHO ARE CERTIFIED LAW ENFORCEMENT OFFICERS AND THERE TO EXECUTE A LAWFUL DUTY IN SERVING A WARRANT, SAW A WHITE MALE MATCHING THE DESCRIPTION WITH KHAKI PANTS, GREY SHIRT AND SHORT BROWN HAIR, START RUNNING FROM BEHIND THE HOUSE. HE THEN TRAVELED THROUGH A WOODED AREA BEHIND THE HOME, WENT OVER RAILROAD TRACKS, JUMPED A FENCE AND DISAPPEARED INTO A HEAVILY WOODED AREA WITH DEPUTY ROUSH AND I IN FOOT PURSUIT AFTER THE DEFENDANT AND MAKING IT CLEAR THROUGH VERBAL COMMANDS TO STOP AND ANNOUNCED OURSELVES AS SHERIFF'S DEPUTIES. THE DEFENDANT DID NOT COMPLY. SERGEANT CONLEY 0290 POSTED A PARAMETER AROUND THE AREA. DEPUTY GRANGE 1397 ADVISED OVER THE RADIO A SUBJECT MATCHING THE DESCRIPTION HAD MADE HIS WAY TO 7468 NORTH FERNANDINA AVENUE, IN DUNNELLON. WHICH IS A FOUR ACRE FENCED IN PROPERTY WITH A TWO STORY RESIDENTIAL HOUSE WITH NUMEROUS CLEARLY POSTED NO TRESPASSING SIGNS LOCATED ON THE FENCE OF THE PROPERTY. CONTACT WAS MADE WITH THE OWNER OF THE PROPERTY, MS TONIE AREVALO, WHO ADVISED THE DEFENDANT WAS ON HER PROPERTY WITHOUT HER PERMISSION. CONTACT WAS MADE AT THE FRONT GATE WITH THE DEFENDANT BY DEPUTY GRANGE. THE DEFENDANT ADVISED THAT HE WAS BARRY BRIAN SMITH WHOSE IDENTITY WAS CONFIRMED WITH HIS DATE OF BIRTH AND SOCIAL SECURITY NUMBER. HE EXCITEDLY UTTERED THAT HE KNEW HE HAD A WARRANT AND THAT IS WHY HE RAN. HE SAID HIS PROBATION OFFICER TOLD HIM THAT THE WARRANT WOULD BE ISSUED TO DAY 010716, BUT IT ACTUALLY CAME OUT ON 120715 AND HE NEEDED A COUPLE OF DAYS TO MAKE MONEY. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH RESISTING OFFICERS WITHOUT VIOLENCE WITH A $1,000.00 BOND, TRESPASSING AFTER WARNING WITH A $1,000.00 BOND FOR A TOTAL BOND OF $2,000.00, PER THE BOND SCHEDULE. |
