| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR10118224) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY BERRIOS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 120510 AT APPROXIMATELY 1200 HOURS, I WAS DISPATCHED THE AREA OF NORTH LENNOX TERRACE AND WEST GARDENIA DRIVE, IN REFERENCE TO A VERBAL DISTURBANCE. WHEN I ARRIVED, I NOTICED THE WITNESS AND THE DEFENDANT, MR CHRISTOPHER GROMELSKI, WERE ARGUING IN THE MIDDLE OF THE ROADWAY. ACCORDING TO THE WITNESS, HE LOST HIS PUPPY APPROXIMATELY ONE WEEK AGO IN THIS AREA AND SAID HE HAD JUST SEEN THE PUPPY IN THE BACK YARD OF THE DEFENDANT'S RESIDENCE. I THEN SPOKE WITH THE DEFENDANT WHO WAS CURSING AND YELLING AT THE WITNESS. ONCE THE DEFENDANT EXPLAINED HIS SIDE OF THE INCIDENT I ASKED HIM TO STOP YELLING AND TO WAIT IN FRONT OF HIS RESIDENCE, WHICH WAS DIRECTLY ACROSS FROM WHERE WE WERE STANDING. AT FIRST THE DEFENDANT COMPLIED, BUT SHORTLY AFTER HE BEGAN YELLING AND CURSING AGAIN. WHEN HE WOULD NOT LISTEN TO FRIENDS AND FAMILY WHO WERE AROUND I STOPPED MY INVESTIGATION, APPROACHED THE DEFENDANT, AND TOLD HIM TO BE QUIET AND TO WAIT BY HIS RESIDENCE. AFTER HE COMPLIED I CONTINUED IN MY INVESTIGATION. ANIMAL CONTROL OFFICER FUNDERBURK WAS CALLED TO THE SCENE TO ASSIST ME WITH THE INVESTIGATION SINCE IT INVOLVED A DOMESTIC ANIMAL. AFTER SOME TIME HAD PASSED, I WAS ABLE TO LOCATE THE PUPPY THAT THE WITNESS WAS TALKING ABOUT. ONCE OFFICER FUNDERBURK ARRIVED, HE TOOK POSSESSION OF THE PUPPY UNTIL THE ACTUAL OWNER COULD BE DETERMINED. WHILE I WAS EXPLAINING THE POSSIBLE OUTCOMES TO THE WITNESS' MOTHER, WHO HAD JUST ARRIVED ON SCENE, THE DEFENDANT BEGAN SCREAMING AND SAID, "THESE NIGGERS ARE ALWAYS CAUSING A PROBLEM." THE DEFENDANT WAS REFERRING TO THE WITNESS' RACE. AGAIN I HAD TO ADDRESS THE DEFENDANT'S YELLING IN PUBLIC AND ORDERED HIM TO BE QUIET OR GO INSIDE HIS RESIDENCE, BUT HE REFUSED. I EXPLAINED TO HIM THAT IF I HAD TO ADDRESS HIM ONE MORE TIME BECAUSE OF HIM INTERFERING WITH MY INVESTIGATION, I WOULD ARREST HIM. THE DEFENDANT WALKED AWAY, BUT CONTINUED CURSING UNDER HIS BREATH. APPROXIMATELY FIVE MINUTES PASSED AND THE DEFENDANT STARTED TO SCREAM OBSCENITIES CAUSING ME TO STOP MY INVESTIGATION AGAIN. I WALKED TOWARDS THE DEFENDANT AND TOLD HIM THAT HE WAS NOW GOING TO BE ARRESTED. THE DEFENDANT BEGAN TO QUICKLY WALK AWAY FROM ME HEADING TOWARDS HIS RESIDENCE. I CAUGHT UP TO THE DEFENDANT AND WAS NOW WALKING BEHIND HIM. I GRABBED BOTH OF HIS ARMS AND ORDERED HIM TO PUT HIS HANDS BEHIND HIS BACK. THE DEFENDANT DID NOT COMPLY AND BEGAN TENSING HIS ARMS. HE TRIED PULLING AWAY SO I PLACED MY LEFT ARM AROUND THE DEFENDANT'S LEFT ARM AND MY RIGHT ARM AROUND HIS NECK PUTTING MOST OF THE PRESSURE AT THE TOP OF HIS CHEST. I IMMEDIATELY CALLED FOR BACKUP AND BY THAT TIME, A SMALL CROWD OF APPROXIMATELY TEN PEOPLE HAD GATHERED AROUND ME AND THE DEFENDANT. THE CROWD CONSISTED OF THE DEFENDANT'S FRIENDS AND FAMILY WHO WERE SCREAMING AT ME TO LET HIM GO. OFFICER FUNDERBURK SAW WHAT WAS OCCURRING AND IMMEDIATELY RAN TO ME, PLACED HIMSELF IN BETWEEN ME AND THE CROWD, AND ORDERED EVERYONE TO STAND BACK. I PLACED THE DEFENDANT AGAINST THE DRIVER'S SIDE DOOR OF MY VEHICLE AND CONTINUED TRYING TO HANDCUFF HIM. HE DID NOT STOP RESISTING UNTIL I TOLD HIM THAT I WAS GOING TO TASER HIM. AT THAT TIME, THE DEFENDANT ALLOWED ME TO HANDCUFF HIM AND I PLACED HIM IN THE REAR OF MY PATROL VEHICLE. DEPUTY BAIRD ARRIVED ON SCENE AND ASSISTED WITH CONTROLLING THE CROWD. ONCE OFFICER FUNDERBURK AND I COMPLETED OUR INVESTIGATIONS WE CLEARED THE SCENE AND I TRANSPORTED THE DEFENDANT THE DETENTION FACILITY FOR PROCESSING. NO ONE, INCLUDING THE DEFENDANT, WAS INJURED IN ANY WAY DURING THE ARREST. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE WARRANT. "IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE ADA COORDINATOR AT THE OFFICE OF THE TRIAL COURT ADMINISTRATOR, CITRUS COUNTY COURTHOUSE, 110 NORTH APOPKA AVENUE, INVERNESS, FLORIDA 34450, TELEPHONE (352) 341-6700, AT LEAST 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |
