| Probable cause affidavit: |
SUBMITTED BY: PARSONS, TRAVIS 0358 (AR07100853) BAIRD, MATTHEW 0624 Did willfully violate a provision of an injunction for protection against domestic violence or repeat violence, issued pursuant to Florida Statute 741.30 by the Honorable JUDGE CURTIS NEIL a Circuit Judge of the Fifth Judicial Circuit of Florida, by Telephoning, contacting, or otherwise communicating the petitioner directly or indirectly, unless the injunction (INJUNCTION NUMBER 2002DR001018) specifically allows indirect contact through a third party, in violation of Florida Statute 741.31 AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE CORPORAL PARSONS AND DEPUTY BAIRD , WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: TRESPASSING THE DEFENDANT FROM WINN-DIXIE AND VERIFYING AN INJUNCTION, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 122007 AT APPROXIMATELY 1615 HOURS, I RESPONDED TO THE WINN-DIXIE AT 3792 SOUTH SUNCOAST BOULEVARD, REFERENCE A SHOP LIFTING COMPLAINANT. UPON ARRIVAL, I MADE CONTACT WITH THE GENERAL MANAGER AND THE GROCERY MANAGER, WHO IDENTIFIED THE DEFENDANT AND STATED THEY JUST WANTED THE DEFENDANT TRESPASSED FROM THE PREMISES. I THEN MADE CONTACT WITH THE DEFENDANT, MR BENNY TRIVETT AND INFORMED HIM HE WAS BEING TRESPASSED FROM THE PROPERTY. DURING NCIC/FCIC AND LOCAL WARRANTS CHECK, IT WAS DISCOVERED THERE WAS A PROTECTION ORDER IN PLACE AGAINST MR TRIVETT BY THE VICTIM/EX-WIFE, WHO WAS A PASSENGER IN THE VAN THE DEFENDANT WAS DRIVING. THE DEFENDANT WAS INFORMED THAT WHILE WE WERE COMPLETING THE TRESPASS, WE WOULD ALSO BE VERIFYING THE STATUS OF THE INJUNCTION. AT THAT TIME, THE DEFENDANT STATED HE WAS GOING TO GET A DRINK AND BEGAN TO WALK AWAY FROM CORPORAL PARSONS, WHO WAS ON THE TELEPHONE WITH THE WARRANTS DIVISION. CORPORAL PARSONS ADVISED THE DEFENDANT HE NEEDED TO STAY WITH HIM WHILE HE VERIFIED THE INJUNCTION AND COMPETED THE TRESPASS WARNING, HOWEVER, THE DEFENDANT REFUSED AND CONTINUED TO WALK AWAY. CORPORAL PARSONS REPEATED THE COMMAND LOUDLY. THE DEFENDANT STILL IGNORED HIM. AT THAT TIME, CORPORAL PARSONS GRABBED THE DEFENDANT'S ARM IN ORDER TO ESCORT HIM BACK TO THE VEHICLE. THE DEFENDANT PULLED AWAY STATING, "I'M NOT GOING TO JAIL." I THEN CAME TO ASSIST CORPORAL PARSONS IN RESTRAINING THE DEFENDANT. WE GRABBED THE DEFENDANT'S ARMS IN ORDER TO TAKE HIM TO THE GROUND. ONCE ON THE GROUND, THE DEFENDANT CLASPED HIS ARMS UNDER HIS BODY AND WE WERE UNABLE TO PLACE HIS HANDS BEHIND HIS BACK. PRESSURE POINTS WERE APPLIED AND THE DEFENDANT WAS WARNED REPEATEDLY TO PLACE HIS HANDS BEHIND HIS BACK OR HE WOULD BE TASED. THE DEFENDANT REFUSED AND CONTINUED TO RESIST AND ASKED US NOT TO TASE HIM. AT THAT TIME, CORPORAL PARSONS REMOVED THE CARTRIDGE FROM HIS TASER AND INSTRUCTED HIM A FINAL TIME TO PLACE HIS HANDS BEHIND HIS BACK OR HE WOULD BE TASED. THE DEFENDANT REFUSED AND CONTINUED TO RESIST, AT WHICH TIME, CORPORAL PARSONS TOUCH TASED THE DEFENDANT BRIEFLY IN THE MIDDLE OF HIS BACK. AT THAT TIME THE DEFENDANT COMPLIED AND PLACED HIS HANDS BEHIND HIS BACK. THE DEFENDANT WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) AND PLACED IN THE REAR SEAT OF OUR PATROL VEHICLE. THE VICTIM OF THE INJUNCTION, AND ANOTHER PASSENGER IN THE VAN FILLED OUT WRITTEN SWORN STATEMENTS. THE GROCERY MANAGER AND THE GENERAL MANAGER ALSO FILLED OUT WRITTEN SWORN STATEMENTS. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING AND CHARGED WITH VIOLATION OF AN INJUNCTION AND RESISTING ARREST WITHOUT VIOLENCE. THE DEFENDANT'S BOND WAS SET AT PER THE BOND SCHEDULE AND $500.00 PER THE BOND SCHEDULE FOR RESISTING. *NOT-EXEMPT* |
