| Date of birth: | Jul 20, 1975 |
| Probable cause affidavit: | submitted by: crane, ryan FWC (ar 15-15137) did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired, AND HAS A BLOOD ALCOHOL LEVEL OF .08 OR MORE GRAMS OF ALCOHOL PER 210 LITERS OF BREATH, in violation of Florida Statute 327.35(1)(C) On May 23rd , 2015, at approximately 1830 hrs, I, Ofc. Ryan Crane of the Florida Fish and Wildlife Conservation Commission (FWC) was on water patrol with Major Richard Moore (FWC) on Salt River near Twin Rivers Marina. We observed a white center console fishing vessel (FL7237MZ) plowing through a slow speed zone in close proximity to a number of vessels safely idling. I observed a white male operating the vessel (Brian Shea FL DL# S000-075-75-260-0)) and initiated my blue lights in an attempt to stop the vessel. I made eye contact with Shea and he continued to operate the vessel without slowing down. Eventually Shea stopped the vessel and I was able to conduct a boating safety inspection and address the manatee speed zone violation. I asked Shea to produce three life jackets, fire extinguisher, sound producing device, and a type IV throwable cushion. Shea moved about the vessel in an unsteady manner and used the center console to help support himself despite the calm conditions. After Shea produced the life jackets he asked me in slurred speech what else I had asked for. I said I needed to see a fire extinguisher, sound producing device, and a throw cushion. Shea produced the fire extinguisher but could not remember the remaining safety equipment I had asked to see. I asked to see a sound producing device and a throw cushion. Shea retrieved an air horn from the center console. At this point Shea asked if he was done and I informed him I still needed to see a throw cushion. Shea produced the throw cushion and I asked him to produce his vessel registration. Shea gave me his driverâs license which I did not request and he had difficulty locating his license in his wallet. I again asked for the vessel registration and Shea did finally locate the proper paper work. Throughout the safety inspection Shea appeared to be confused with the questions of what safety equipment he needed and displayed unsteady balance and slurred speech. I noticed numerous empty Corona beer bottles and Busch beer cans in the vessel. Based on my experience and training I believed Shea was operating his vessel while impaired. I requested if he would consent to do field sobriety tasks in order to determine if he could safely operate his vessel and he replied âyesâ. \tI asked Shea to be seated on the front of my vessel and asked him if he was in a comfortable, stable, seated position, to which he replied âyesâ. I asked him to remove his sunglasses and he displayed glassy eyes. At this point I conducted the following afloat field sobriety tasks. The tasks were both read aloud from prepared text and demonstrated for Shea. I documented the following indicators of impairment. Horizontal Gaze Nystagmus Moved head the first two times contrary to instructions. Each time I asked Shea to not move his head and follow the tip on my pen with his eyes only. On the third attempt he initially followed directions and then moved his head. He displayed lack of smooth pursuit in both eyes. On the fourth attempt Shea kept his head straight and displayed distinct nystagmus at maximum deviation. 5th attempt displayed onset of nystagmus at 45 degrees. Finger to nose Did not close eyes at any point during task contrary to directions. Used wrong hand twice during task. Hesitated twice during task. Did not bring hand down six times contrary to directions. Palm Pat \t Completed slowly. \t Did not increase speed as directed. Hand Coordination Did not move fists outward of chest. \t\t Counted while clapping. Did not return to proper position. Did not complete the third task. Returned hands to lap without doing third task. At this point I informed Shea that we would be proceeding to the Marine Science Center to complete ashore field sobriety tasks. I handed Shea a life jacket and I notified dispatch that we would proceed to the science center. While ashore I found a flat, level area of the dock where Shea could safely perform the following tasks. Shea indicated to me that he had an issue with his right foot. I asked him if this would in any way keep him from doing the task properly and he said emphatically âNo, I can do thisâ. Walk and Turn Lost balance during instructions. \t\t Did not touch heel to toe one time.\t Stepped off line twice. Improper turn. Lost balance on turn One Leg Stand Did not look at foot during task. Swayed while balancing two times. Used arms to balance one time Put foot down two times during task. At 1848 hrs, based on my probable cause, I advised Shea he was under arrest for operating a vessel while impaired. Shea was handcuffed and double locked and was transported to Citrus County Jail by a Citrus County Deputy. The vessel was turned over to Lt. John Jones (FWC). Upon arrival to Citrus County Detention Facility Shea was read his implied consent requesting him to submit to an approved test of his breath to determine his breath alcohol content. Shea stated that he would submit to the approved test of his breath with the results being .126. and .119 At this time Shea was charged with Uniform Boating Citation ( V368680) for operating a vessel with an unlawful breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath, 327.35(1)(c). Shea was also issued Uniform Boating Citation (V293781) for violation of manatee speed zone 68C-22.011(1)(b)3.b. written by: Florida Fish and Wildlife Conservation Commission officer ryan crane. |
| Inmate name: | BRIAN PATRICK SHEA |
| Arrest number: | 15137 |
| Arrest date: | May 23, 2015 |
| Arrest type: | Misdemeanor |
| Booking location: | Citrus County, FL |
| Code: | 327.35(1)(C) |
| Charge description: | Boat Under Influence - 1st Off - BAC .08 Grams per 210 |
| Bond amount: | $150 |
