Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (AR15-16463) (15-122472) DID willfully flee or attempt to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, IN VIOLATION OF 316.1935(2). ON 091715 AT APPROXIMATELY 0146 HOURS, WHILE CONDUCTING TRAFFIC ENFORCEMENT IN HERNANDO, I WAS HEADED NORTHBOUND ON NORTH CARL G ROSE HIGHWAY IN THE AREA OF EAST LOUISE LANE. AT THAT TIME, I OBSERVED A VEHICLE HEADING SOUTHBOUND ON NORTH CARL G ROSE HIGHWAY AT A HIGH RATE OF SPEED AND ESTIMATED THE VEHICLE TO BE IN EXCESS OF 90 MILES PER HOUR (MPH). I THEN ACTIVATED MY FRONT RADAR ANTENNA AND OBSERVED A CLEAR DIGITAL READOUT OF 99 MPH, ALONG WITH CONSISTENT AUDIO DOPPLER TONE. I THEN CONDUCTED A U-TURN AND ATTEMPTED TO CATCH UP TO SAID VEHICLE WHO STOPPED AT THE LIGHT ON NORTH CARL G ROSE HIGHWAY AND HIGHWAY 41 NORTH. WHILE I WAS HEADING SOUTHBOUND IN MY MARKED PATROL VEHICLE, I OBSERVED THE VEHICLE, LATER IDENTIFIED AS A 2011 CHEVROLET FOUR-DOOR, BEARING FLORIDA LICENSE PLATE NUMBER 783JUY, TURN NORTHBOUND ON NORTH FLORIDA AVENUE, EXCELLING IN SPEED. I THEN TURNED DOWN THE APEX and CONTINUED NORTH ON NORTH FLORIDA AVENUE AND ACTIVATED MY OVERHEAD EQUIPMENT, LIGHTS AND SIREN, IN AN ATTEMPT TO CATCH UP TO THE VEHICLE TO CONDUCT A TRAFFIC STOP. SURROUNDING DEPUTIES WERE NOTIFIED OF the VEHICLE DESCRIPTION, ALONG with THE SPEED AND DIRECTION OF TRAVEL. UPON CATCHING UP TO THE VEHICLE, THE VEHICLE WAS IN EXCESS OF 100 MPH AND FAILED TO STOP. WE CONTINUED NORTHBOUND ON NORTH FLORIDA AVENUE TOWARDS HOLDER. DISPATCH NOTIFIED MARION COUNTY, ALONG WITH DUNNELLON POLICE DEPARTMENT, ON THE DIRECTION OF TRAVEL AND THE DESCRIPTION OF THE VEHICLE. WE THEN CONTINUED IN PURSUIT, CONTINUING NORTHBOUND CROSSING OVER NORTH LECANTO HIGHWAY TOWARDS MARION COUNTY. WHILE IN PURSUIT, THE VEHICLE SPEED RANGED FROM 90 MPH TO IN EXCESS OF 115 MPH. DISPATCH RAN THE VEHICLE'S TAG, WHICH CAME BACK TO AN ADDRESS AT 8432 NORTH SANTOS DRIVE IN CITRUS SPRINGS. UPON CROSSING OVER DUNNELLON ROAD STILL NORTHBOUND ON NORTH FLORIDA AVENUE, THE PURSUIT WAS CANCELLED DUE TO THE VEHICLE ENTERING MARION COUNTY. PRIOR TO CONDUCTING A U-TURN TO HEAD SOUTHBOUND ON NORTH FLORIDA AVENUE, I OBSERVED THE VEHICLE TO ACTIVATE ITS BRAKES, TURNING EASTBOUND ON PENNSYLVANIA AVENUE. DISPATCH WAS NOTIFIED TO ADVISE DUNNELLON AND MARION COUNTy OF tHE DIRECTIoN OF TRAVEL. I WAS ADVIsED BY DISPATCH THat the DUNNeLlON POLICE DEPARTMENT ObSERved the VEHICLE BUT dID NOT PURSUE and THE VEHICLE CONTINued EASTBOUND ON PENNSYlVAnIA AVeNUe. SHORTLY LATER DISPATCH ADVIsEd THAt THE MARION COUNTY SHERIFf's OFFIcE WAS IN PURSUIT OF THE VEHICLE HEADING SOUTHBOUND ON NORTH CARL G ROSE HIGHWAY, HEADING BACK TOWARDS CITRUS COUNTY. DEPUTY PRICE (0411), ALong with deputy sanchez (1242), WERE LOcATED IN THE aReA Of NORTH CARL G ROSE HIGHWAY and withlacoochee trail STANDINg BY FOR THE VEHICLE IN CASE THE VEHICLE HEADED BACK INtO CITRUS COuNTY. WHILE HEADED TOWaRDS THat DIREcTIOn, DEPUTY PRICE ADVIsed HE HAD OBsERVEd THE VEHICLE AT A HIGH RATE OF SPEED SOUTHBOUND ENTERING CITRUS COUNTY ON NORTH CARL G ROSE HIGHWAY. DEPUTY SANCHEZ, ALONg WItH DePutY PRICE, PURSUED THE VEHICLE SOUTHBOUND AT A HIGH RATE OF SPEED. STOP STICKs WEre THen PLaCEd on NORTH CARL G ROSE HIGHWAY; HOWEVER, THE STOP sticks WERE not PLACED IN DIRECT LINE WITH THE VEHICLE's TIRES. I THEN CONTINUED SOUTHBOUND ON NORTH FLORIDA AVENUE TO INTERSECT BACK AT THE LoCATION WHeRE the PURSUIT HAD STARTED. DePUTY PRICE, ALOng wItH other DEPUTies ADVISED THAT THEY HAD tHE VEHICLE STOPPED AT THE CUMBERLAND FARMS STORE, LOCATED at 2805 NORTH FLORIDA AVENUE IN HERNANDO. A FELONY TRAFFIC STOP WAS CONDUCTED WHERE the OCCUPANTS IN THE VEHICLE WERE ALL PLACED IN HANDCUFFS AND DETAINED. UPON MY ARRIVAL, THE FRONT SEAT PASSENGER, MR ROBERT GEPHARDT, AND the REAR SEAT PASsENger, MR COTY CLEVENGER, WERE BEINg CALLED OUT OF tHE VEHICLE ONE BY ONE AND DETAINED. I WAS ADVISED BY DEPUTY SANCHEZ THAT THE DRIVER/DEFENDANT, MR CHRIStopHER SHepard, WAS PLaCEd IN THe ReAR OF His PATrol VEHICLE. I THEN MADE CONtACT WITH THE DEFENDANT IN THE REAr SEAT of deputy sanchez's patrol vEHICLE, TO WHICH THE DEFENDANT SPONTAneously UTTERED THAT HE wAS DRUNK AND HE SHOULD NOT HAVE RAN. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA an AGENcY IssuEd PREPRINTED cARD. THE DEFENDANT WAS ASKEd if he understood his rights and if he STILL WISHEd TO speak to me, to which he stated he did. I ASKED THE DEFENDANT ON WHY HE RAN, TO WHICH HE ADVISED HE WAS DRUNK AND HE DID NOT WANT TO GO TO JAIL BEcause he WOULD LOSE HIs JOB. I ASKED THE DEFENDANT ON WHERE HE wAS COmING FROM, TO WHICH He aDvised HE Had JUST LEFT T-BACKS AND THAT HIS friends WERE IN TOWN AND HE wAS TRYINg TO SHOW OFF. I ADVISED THE DEFENDANT THAT I WAS THE DEPUTY That TRIED TO PULL HIM OVER WHILE HE WAS HEADED SOUTHBOUND ON NORtH CARL G ROSE HIGHWAY, TO WHIcH HE ADVISEd HE KNEW THAT I WAS A COP and HE CONTINUED DRIVING NORTHBOUND ON NORTH FLORIDA AVENUE TO GET AWAY. I ASKED THE DEFENDANT ON HOW MUCH HE HaD TO DRINK, to which the DEFENDANT dROPPED HIS HEAD AND STAtED "WAY TOO MUCH". THE DEFENDANT ADvised HE HAD BEEN DRINKING LIQUOR AND THAT HE HAD WENT FROM SPARROWS BAR TO T-BACKS AND HE WaS JUST tRYIng TO GET HOME. I ASKED THE DEFENDANT IF MARION COUNTY SHERIFF'S OFFICE ALSO TRIED TO PULL HIM OVER. THE DEFENDANT ADVISED THAT THEY DID AND HE RAN because HE WAS JUST TRYING TO GET AWAY. THE DEFENDANT ALSO ADVISED UPON ENTERING BACK INTO CITRUS COUNTY, HE SAW THE DEPUTIES AND THEIR LIGHTS AND HE DID NOT STOP because HE WANTED TO GO HOME. WHILE SPEAKING WITH THE DEFENDANT, I COULD DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I ADvIsED THE DEFENDANT HE WAS BEING PLACEd UNdER arrest for fleeing and eluding a LAW ENFORCEMENT officer with lights and sirens on, to which the DEFENDANT advised he UNDERSTOOD and AGAIN STATED THAT HE SHOULD NOT HAVE RAN. THE DEFENDANT filled out a SWORN WRITTEN STATEMENT, which was signed and turned into records. i THEN spoke to THE front seat passenger, mr robert gephardt. mr gephardt advised they had been drinking, that his family member had recently passed and he was currently in town for the family member's passing and that he does not remember anything about the pursuit. HE STATED HE ONLY REMEMBERED WAKING UP WHEN THE SHERIFF'S OFFICE WAS YELLING AT HIM TO GET OUT OF THE VEHICLE. advanced towing was contacted and later responded and towed THE DEFENDANT's VEHICLE to their impound lot. a tow sheet was COMPLETED AND later turned into records. field sobriety tasks were not conducted on THE roadside, due to THE DEFENDANT being a flight risk. deputy sanchez transported the DEFENDANT to the CITRUS COUNTY DETENTION FACILITY for booking and processing. both of the other occupants of the VEHICLE were released on scene. the DETEntion facility intoxilyzer operator conducted field sobriety tasks; however, the intoxilyzer machine was inoperable and a breath reading could not be determined. THE DEFENDANT was given a FLORIDA UNIFORM TRAFFIC CITATION, number a1buhpp, for violation of traffic control device, with a $166.00 fine payable within 30 days at THE CITRUS COUNTY COURTHOUSE. the DEFENDANT was also issued a UNIFORM TRAFFIC CITATION, NUMBER a1p284p, for fleeing and eluding a police officer with lights and siren, with a mandatory court date of 100115 at 1300 hours. both copies were given to the DETEntion staff to be placed in the DEFENDANT's property. A COPY OF THE IN-CAR VIDEO WAS LATER TURNED INTO EVIDENCE. SEE DEPUTIES' SUPPLEMENTS FOR FURTHER DETAILS. |