| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ROBERT 0505 (AR16-22056/16-176107) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY FERGUSON (0505), WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: WHILE ATTEMPTING TO HANDCUFF THE DEFENDANT, HE SNATCHED HIS ARM AWAY 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. DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ZIPLOC BAGGIE CONTAINING APPROXIMATELY SEVEN GRAMS OF CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 122516, I WAS RESPONDING TO THE MCDONALDS IN INVERNESS IN REFERENCE TO A ROBBERY THAT HAD JUST OCCURRED TO A PERSON. WHILE EN ROUTE, I WAS ADVISED BY DISPATCH THAT THE SUSPECT WAS WEARING BLACK SHORTS, A RED SHIRT AND A BLACK JACKET AND HAD FLED ON FOOT TOWARDS CADENCE BANK AT THE INTERSECTION OF HIGHWAY 44 AND HIGHWAY 41 SOUTH. SERGEANT CALLAHAN (0643) ADVISED HE HAD MADE CONTACT WITH THE SUSPECT AT THAT INTERSECTION. I RESPONDED TO HIS LOCATION AS DEPUTY MULLINS (0493) AND DEPUTY KNIGHT (1302) RESPONDED TO THE INCIDENT LOCATION. UPON ARRIVAL, SERGEANT CALLAHAN ADVISED THE DEFENDANT, MR CHAD MURNAHAN, THAT HE WAS BEING DETAINED IN REFERENCE TO MATCHING THE DESCRIPTION OF A SUBJECT WHO HAD POSSIBLY JUST COMMITTED A ROBBERY. SERGEANT CALLAHAN HAD THE DEFENDANT'S HANDS BEHIND HIS BACK, GRASPED AT HIS THUMBS. AS I ATTEMPTED TO HANDCUFF THE DEFENDANT, I PLACED A HANDCUFF ON HIS LEFT HAND. AFTER DOING SO, HE FORCIBLY SNATCHED HIS ARM AWAY TAKING THE HANDCUFF OUT OF MY HANDS AND BEGAN TO RESIST ARREST. I BEGAN TO GIVE VERBAL COMMANDS FOR HIM TO STOP RESISTING AND PLACE HIS ARMS BEHIND HIS BACK, WHICH HE CONTINUED TO DISREGARD. DEPUTY RITLI (0426), DEPUTY STEELFOX (1440), SERGEANT CALLAHAN (0643) AND I TACKLED THE SUBJECT TO THE GROUND FORCIBLY PLACING HIS ARMS BEHIND HIS BACK AND SECURING HIM IN HANDCUFFS. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR RESISTING WHILE WE CONTINUED TO INVESTIGATE THE INITIAL OFFENSE. UPON SEARCHING THE DEFENDANT'S RIGHT FRONT POCKET, I LOCATED A ZIPLOC BAGGIE CONTAINING APPROXIMATELY SEVEN GRAMS OF MARIJUANA. WHILE ATTEMPTING TO SECURE THE DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE, HE CONTINUED TO RESIST BY REFUSING TO SIT DOWN IN THE CAR. SERGEANT CALLAHAN HAD TO ENTER THE REAR SEAT FROM THE DRIVER SIDE AND GRAB THE DEFENDANT BY HIS BELT AS I ATTEMPTED TO HAVE HIM SIT IN THE SEAT. HE CONTINUED TO RESIST STATING HE WAS NOT GOING TO SIT DOWN AS I CONTINUED TO GIVE VERBAL COMMANDS INSTRUCTING HIM TO DO SO. IN AN ATTEMPT TO GAIN COMPLIANCE, I HAD TO DELIVER A KNEE SPIKE TO THE DEFENDANT'S RIGHT THIGH, AT WHICH TIME HE SAT DOWN. ONCE SECURED, SERGEANT CALLAHAN ADVISED THAT FROM INITIAL CONTACT, THE DEFENDANT REFUSED TO FOLLOW HIS COMMANDS. HE WOULD NOT REMOVE HIS HANDS FROM HIS JACKET, WHICH CAUSED SERGEANT CALLAHAN TO DRAW HIS AGENCY ISSUED FIREARM KEEPING IT AT LOW READY UNTIL HE DID COMPLY. I THEN MADE CONTACT WITH DEPUTY KNIGHT WHO WAS IN CONTACT WITH THE VICTIMS AT THE MCDONALDS. THEY ADVISED DEPUTY KNIGHT THEY WERE IN THE DRIVE-THRU WHEN THEY WERE APPROACHED BY THE DEFENDANT, WHO ASKED THEM FOR A RIDE. THEY ADVISED THEY WOULD NOT GIVE THE DEFENDANT A RIDE, AT WHICH TIME HE LOOKED INTO THE REAR SEAT, SAW A SPEAKER AND STATED THAT IT WAS HIS AND THEN OPENED THE REAR DOOR. THE DRIVER ACCELERATED, DRIVING AWAY FROM THE DEFENDANT. THEY BELIEVED HE WAS AT LEAST TRYING TO ENTER THEIR VEHICLE TO STEAL THE SPEAKER, IF NOT SOMETHING WORSE. THEY WERE ADAMANT WITH DEPUTY KNIGHT THAT THEY DID NOT WISH TO PURSUE ANY CRIMINAL CHARGES AND SIGNED A WAIVER OF PROSECUTION. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH ONE COUNT OF RESISTING WITHOUT VIOLENCE WITH A BOND SET AT $1,000.00 AND ONE COUNT OF POSSESSION OF MARIJUANA WITH A BOND SET AT $1,000.00 FOR A TOTAL BOND AMOUNT OF $2,000.00, PER THE BOND SCHEDULE. A CRIMINAL HISTORY CHECK WAS COMPLETED WHICH REVEALED THE DEFENDANT WAS ON PROBATION FOR ROBBERY BY SUDDEN SNATCHING. THE MARIJUANA WAS COLLECTED AND TURNED IN TO EVIDENCE. |
