Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR12-3698) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY COX AND DEPUTY NOCELLA, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT KICKED AND PUSHED THIS DEPUTY, OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY COX AND DEPUTY NOCELLA, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT ATTEMPTED TO RUN AND REFUSED TO COMPLY WITH VERBAL COMMANDS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 120412, AT APPROXIMATELY 1905 HOURS, I RECEIVED A CALL VIA DISPATCH, ADVISING ME OF A HIT AND RUN ACCIDENT WHERE THE DRIVER HAD FLED THE SCENE. I RESPONDED DIRECTLY TO THE SCENE, AND MET WITH DEPUTY NOCELLA (0724), WHO ADVISED THAT THE WITNESSES HAD ADVISED THAT THE DRIVER HAD BEEN VERY INTOXICATED, AND THAT SHE HAD RUN OFF, HEADING DOWN A DIRT ROAD, IN AN EASTERLY DIRECTION. I ADVISED DISPATCH THAT I WOULD BE PLACING K9 PRIEST ON THE GROUND, IN REFERENCE TO LOCATING THE SUSPECT. K9 PRIEST TRACKED IN AN EASTERLY DIRECTION ALONG THE DIRT ROAD. A SMALL, BLACK AND WHITE MUTT TYPE DOG RAN OUT AND ATTEMPTED TO ATTACK K9 PRIEST. K9 PRIEST APPREHENDED THE SMALL DOG, RELEASING HIM UPON MY COMMAND, AND THE DOG RAN AWAY. WE THEN REORIENTED ON THE TRACK OF THE SUSPECT, CONTINUING TRACKING, AND MADE AN HARD RIGHT HAND TURN, HEADING IN A SOUTHERLY DIRECTION. WE HEARD VOICES, AND ASKED THE WITNESSES IF THEY HAD SEEN A FEMALE SUBJECT RUN BY. THE WITNESSES ADVISED THAT SHE HAD TRIPPED OVER THE WALL AND RUN DOWN THE ROAD, AND HAD POSSIBLY BEEN PICKED UP BY A VEHICLE. A SECOND DOG THEN ATTEMPTED TO ATTACK K9 PRIEST. K9 PRIEST APPREHENDED THE SMALL DOG, RELEASING HIM UPON MY COMMAND, AND THE DOG RAN AWAY. WE LOST THE TRACK, WHILE HEADING DOWN A SMALL DIRT ROAD, AND WORKED OUR WAY AROUND A CANAL, AND THEN CAME BACK TO THE BACKSIDE OF THE PROPERTY. K9 PRIEST WAS SHOWING A NOTICEABLE DIFFERENCE IN HIS BEHAVIOR, ATTEMPTING TO JUMP IN TO THE CANAL TO SWIM TOWARDS A SMALL SHED ON THE BACK OF THE PROPERTY. I RAN BACK AROUND THE CANAL, AND AS I APPROACHED THE PROPERTY, LOCATED AT 11145 ROCK ELM PLACE, A WITNESS ADVISED ME THAT THE SUSPECT HAD RUN OUT OF THE WOODS, AND WAS NOW HIDING UNDERNEATH A BOAT AND BOAT TRAILER. AS I APPROACHED THE VESSEL, I ASKED THE PEOPLE TO STEP BACK. I COULD CLEARLY OBSERVE THE DEFENDANT, WHO WAS LATER IDENTIFIED AS MS CAROLYN ANN VELEZ, TO BE CROUCHED UNDERNEATH THE BOAT TRAILER, WITH HER HEAD BURIED IN THE DIRT, AND HER HANDS ON EITHER SIDE OF HER FACE. I ADVISED THE DEFENDANT THAT I COULD CLEARLY SEE HER, AND TO CRAWL OUT FROM UNDERNEATH THE BOAT TRAILER. I WAS SHINING MY FLASHLIGHT DIRECTLY ON THE DEFENDANT, AND INSTRUCTED HER FOUR TO FIVE TIMES TO COME OUT FROM UNDER THE TRAILER, BEFORE SHE FINALLY COMPLIED. K9 PRIEST WAS BECOMING AGITATED, AND I HAD TO HOLD HIM BACK. THE DEFENDANT CAME OUT FROM UNDERNEATH THE TRAILER, LEAVING HER PURSE UNDER THE TRAILER. I COULD NOW CLEARLY SEE BOTH OF HER HANDS, AND COULD SEE NO WEAPONS. I ADVISED HER TO HAVE A SEAT ON GROUND. I WAS WAITING FOR DEPUTY NOCELLA TO REACH OUR LOCATION, WHO HAD STOPPED TO CLEAR A BUILDING. THE DEFENDANT THEN BEGAN TO APPROACH ME, AND I TOLD HER STEP BACK, OR THAT MY CANINE WOULD APPREHEND HER. THE DEFENDANT TOLD ME TO, âFUCK OFF,â AND TO GO AHEAD AND LET THE DOG BITE HER. THE DEFENDANT THEN BEGAN TO STEP TOWARDS ME AGAIN, AS I CONTINUED TO HAVE TO RESTRAIN K9 PRIEST, AND ADVISED THE DEFENDANT THAT SHE WOULD BE TASED IF SHE DID NOT STOP. THE DEFENDANT THEN TOLD ME AGAIN TO, âFUCK OFF,â AND TO GO AHEAD AND TASE HER. AT THAT TIME, I INSTRUCTED K9 PRIEST TO LIE ON THE GROUND, AND TO STAY. I THEN REACHED OUT WITH MY RIGHT HAND, GRABBING THE DEFENDANT BY HER RIGHT WRIST. I THEN SPUN HER AROUND USING A WRIST LOCK, AND THEN REACHED AROUND, GRABBED HER LEFT HAND, AND HELD HER WITH HER HANDS BEHIND HER BACK. I ADVISED THE DEFENDANT THAT SHE WAS UNDER ARREST FOR LEAVING THE SCENE OF AN ACCIDENT. THE DEFENDANT CONTINUED TO YELL, ALL WHILE KICKING ME. K9 PRIEST WAS BECOMING VISIBLY AGITATED, AND I INSTRUCTED HIM TO STAY. THE DEFENDANT CONTINUED TO KICK ME, APPROXIMATELY SEVEN (7) TIMES, AS I ATTEMPTED TO PLACE HER IN HANDCUFFS. THE DEFENDANT APPEARED TO BE ATTEMPTING TO KICK ME IN THE GROIN AREA, HOWEVER I CONTINUED TO LIFT MY LEFT LEG TO UTILIZE A SHIN BLOCK TO PROTECT THIS AREA. THE DEFENDANT CONTINUED TO TRY TO PULL AWAY AND FIGHT THIS DEPUTY. DEPUTY NOCELLA THEN ARRIVED ON SCENE, AND I REQUESTED HIM TO TAKE CONTROL OF THE DEFENDANT, AND THAT K9 PRIEST WOULD STAY. AFTER DEPUTY NOCELLA WALKED BY K9 PRIEST TO GAIN CONTROL OF THE DEFENDANT, I TOOK K9 PRIESTSâ LEASH. THE DEFENDANT CONTINUED TO FIGHT WITH DEPUTY NOCELLA, PULLING AWAY, AND NOT COOPERATING WITH HIS DIRECTIVES. I THEN REQUESTED ANOTHER UNIT TO RESPOND TO OUR LOCATION, WHO WAS HAVING DIFFICULTY FINDING OUR LOCATION, DUE TO THE SMALL DIRT ROAD. AS DEPUTY NOCELLA AND I BEGAN TO MOVE TOWARDS THE END OF THE DIRT ROAD, TOWARDS THE INTERSECTION OF ROCK ELM PLACE AND MASON CREEK ROAD SO WE COULD BE BETTER LOCATED, THE DEFENDANT CONTINUED TO THROW HER LEGS OUT FROM UNDERNEATH HER, STRUGGLING AND TRYING TO THROW HERSELF ONTO THE GROUND, FIGHTING WITH DEPUTY NOCELLA. I THEN TOOK PRIESTâS LEAD IN MY RIGHT HAND, AND GRABBED THE DEFENDANT BY HER RIGHT ARM AND ARMPIT AREA. DEPUTY NOCELLA AND AI THEN ESCORTED HER TO THE CORNER OF ROCK ELM PLACE, AND MASON CREEK ROAD. DEPUTY DOYLE ARRIVED A SHORT TIME LATER AT OUR LOCATION, AND SECURED THE DEFENDANT IN THE REAR OF HIS PATROL VEHICLE. DEPUTY DOYLE LATER TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, SHE WAS RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. I AND DEPUTY NOCELLA RESPONDED BACK TO THE ADDRESS ON ROCK ELM PLACE, IN REFERENCE TO OBTAINING NAMES FOR THE WITNESSES. THROUGHOUT THE ENTIRE ENCOUNTER, I COULD DETECT A STRONG ODOR OF ALCOHOLIC BEVERAGE TO BE EMITTING FROM THE DEFENDANTâS BREATH. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF RESISTING LAW ENFORCEMENT WITH VIOLENCE, AND ONE COUNT RESISTING WITHOUT VIOLENCE. HER BOND WAS SET AT $2,500.00, PER THE BOND SCHEDULE. |