| Probable cause affidavit: |
SUBMITTED BY: SMOLENSKY, STEVE 0142 (AR08104886) DEFENDANT DID HAVE AN ACTIVE CITRUS COUNTY WARRANT, WARRANT NUMBER 08003365, COURT CASE 2007CT001341-001, FOR VIOLATION OF PROBATION IN REFERENCE TO AN ORIGINAL CHARGE OF DRIVING UNDER THE INFLUENCE. ON 082508, CONTACT WAS MADE WITH THE DEFENDANT, CHRISTOPHER HERTIG, IN REFERENCE TO AN ACTIVE CITRUS COUNTY WARRANT. THE DEFENDANT'S IDENTITY WAS VERIFIED BY IDENTIFICATION CARD. THE WARRANT WAS CONFIRMED THROUGH THE CITRUS COUNTY SHERIFF'S OFFICE TELETYPE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE-LOCKED) BEHIND THE BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT PER THE WARRANT. AFFIANT HAD NO PRIOR KNOWLEDGE OF THIS CASE. ON 082508 AT APPROXIMATELY 1710 HOURS, I WAS DISPATCHED TO 9590 EAST BEACON COURT IN FLORAL CITY IN REFERENCE TO A VERBAL DISTURBANCE. UPON ARRIVAL AT THE RESIDENCE, I MADE CONTACT WITH THE HOMEOWNER, MR GREG LEVANDIS, WHO WAS VERY EXCITED AND YELLING ACROSS HIS YARD. UPON MY WALKING UP TO THE FENCE, MR LEVANDIS REPEATEDLY ADVISED THIS DEPUTY THAT HE DID NOT CALL ME AND THAT I WAS NOT WELCOME ON HIS PROPERTY. I ADVISED MR LEVANDIS THAT I NEEDED TO SPEAK TO A SUBJECT SITTING IN THE BACK YARD, AS A NEIGHBOR STOPPED ME ON THE WAY AND TOLD ME THAT THE SUBJECT WAS DRIVING DRUNK IN A VEHICLE AROUND THE BLOCK AND MAKING THREATS. WHEN I TOLD MR LEVANDIS THAT I NEEDED THE SUBJECT TO COME UP TO THE GATE, MR LEVANDIS AGAIN ADVISED NO, HE WAS NOT COMING UP, HE WAS NOT GOING ANYWHERE. AT THAT TIME THE COMPLAINANT, MS CHRISTINE SMATLAK, ALSO CAME UP TO THE FENCE AND ADVISED THAT THE SUBJECT IN THE BACK YARD HAD THREATENED HER AND THAT SHE LIVED THERE ALSO AND THAT SHE WISHED HIM TO BE REMOVED. SHE ALSO ADVISED THAT SHE BELIEVED THE SUBJECT HAD A WARRANT FOR HIS ARREST, AS I WAS ALSO ADVISED BY THE NEIGHBOR DOWN THE ROAD WHO STOPPED ME. AS MR LEVANDIS REPEATEDLY TOLD ME TO LEAVE THE PROPERTY AND THAT HE DID NOT CALL ME, MS SMATLAK, WHO ADVISED THAT SHE HAS LIVED ON THE PROPERTY AS LONG AS MR LEVANDIS (SINCE DECEMBER, 2005) GAVE ME PERMISSION TO ENTER THE PROPERTY THROUGH A GATE. MS SMATLAK OPENED THE GATE FOR THIS DEPUTY AND INVITED ME IN, AT WHICH TIME I WALKED TO THE BACK YARD AND MADE CONTACT WITH THE DEFENDANT, MR CHRISTOPHER HERTIG. MR HERTIG WAS VERY LAID BACK AND COOPERATIVE. I ASKED MR HERTIG IF HE HAD THREATENED THE NEIGHBORS DOWN THE ROAD OR MS SMATLAK. THE DEFENDANT ADVISED NO. WHEN I ASKED THE DEFENDANT IF HE HAD DRIVEN A VEHICLE AROUND THE BLOCK, HE ADVISED THAT HE HAD NOT, AT WHICH TIME I ASKED HIM IF HE KNEW OF ANY WARRANTS FOR HIS ARREST. THE DEFENDANT WAS VERY HONEST AND ADVISED YES, THAT HE WAS PRETTY SURE HE HAD A WARRANT FOR VIOLATION OF PROBATION (VOP) FOR DRIVING UNDER THE INFLUENCE (DUI). MEANWHILE, THE HOMEOWNER, MR LEVANDIS, WAS STILL VERY IRATE, CALLING AN UNKNOWN TELEPHONE NUMBER REQUESTING ASSISTANCE FROM THE STATE POLICE. MR LEVANDIS WAS VERY IRATE; HOWEVER, HE DID NOT PHYSICALLY TRY TO OBSTRUCT THIS DEPUTY FROM PERFORMING HIS DUTIES. I OBTAINED MR HERTIG'S IDENTIFICATION AND CONFIRMED THE WARRANT VIA TELETYPE. BOND WAS SET AT PER CITRUS COUNTY WARRANT 2007CT001341-001. THE DEFENDANT WAS HANDCUFFED, DOUBLE-LOCKED, AND PLACED IN THE BACK OF MY PATROL VEHICLE. MR LEVANDIS BEGAN SCREAMING THAT HE WANTED MS SMATLAK REMOVED FROM THE PROPERTY. MR LEVANDIS WAS REPEATEDLY ADVISED THAT HE WOULD NEED TO GO THROUGH THE EVICTION PROCESS, TO WHICH MR LEVANDIS DID NOT AGREE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND CHARGED WITH ONE COUNT OF VOP DUI IN VIOLATION OF FLORIDA STATE STATUTE 948.06. NO OTHER CHARGES WERE FILED REFERENCE THIS INCIDENT. *NOT-EXEMPT* |
