| Probable cause affidavit: |
SUBMITTED BY: MCCONNELL, AUSTIN 1403 (AR16-19977) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(3)(A). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061(1). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061(1). DID OPERATE A MOTOR VEHICLE ON THE ROADWAYS OR HIGHWAYS OF THE STATE OF FLORIDA WITH WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY; TO WIT: THE DEFENDANT DID DRIVE ON THE OPPOSITE SIDE OF THE ROADWAY TOWARDS ONCOMING TRAFFIC AND ALSO RAN VEHICLES OFF OF THE ROADWAY, IN VIOLATION OF FLORIDA STATE STATUE 316.192(1)(A). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MCCONNELL (1403), WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT REFUSED TO STOP THE VEHICLE WHILE MY LIGHTS AND SIRENS WERE ACTIVATED ON A PUBLIC ROADWAY, LECANTO HIGHWAY, AND ALSO ATTEMPTED TO FLEE SERGEANT CALLAHAN (0643) ON FOOT, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 062116, I WAS DISPATCHED TO A THEFT THAT HAD JUST OCCURRED AT THE WALMART LOCATED AT 1936 NORTH LECANTO HIGHWAY IN LECANTO. UPON ARRIVAL AT THE ABOVE LOCATION, I NOTICED A WHITE FEMALE WITH RED HAIR WEARING BLACK YOGA PANTS AND DARK GRAY TANK TOP, LATER IDENTIFIED AS MS SARA MILLER, MATCHING THE DESCRIPTION OF MY SUSPECT RUNNING TOWARDS MCDONALDS WHERE SHE THEN ENTERED A BLUE SPORTS UTILITY VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER H402UH WITH A WHITE MALE DRIVER, LATER IDENTIFIED AS DEFENDANT, MR CONNOR KIRSCHNER, IN THE DRIVER SEAT. I ATTEMPTED TO CONDUCT A TRAFFIC STOP ON THE VEHICLE IN THE MCDONALDS PARKING LOT AT WHICH POINT DEFENDANT KIRSCHNER REVERSED THE VEHICLE AND DROVE THROUGH THE MCDONALDS PARKING LOT AND ENTERED THE ROADWAY OF NORVELL BRYANT HIGHWAY. WITH MY LIGHTS AND SIRENS ACTIVATED, DEFENDANT KIRSCHNER DID NOT SLOW DOWN BUT BEGAN TO SPEED UP AND MADE A RIGHT THROUGH THE INTERSECTION OF 486 AND 491. WHILE HEADING SOUTH ON 491, DEFENDANT KIRSCHNER PULLED INTO THE LEFT LANE TOWARDS ONCOMING TRAFFIC CAUSING VEHICLES TO RUN OFF THE ROADWAY. HE THEN DROVE THE VEHICLE ON THE RIGHT SIDE OF THE ROADWAY AND THEN BEGAN TO PUSH PEOPLE OFF OF THE ROAD. WHILE STILL IN PURSUIT OF DEFENDANT KIRSCHNER, HE THEN DROVE IN THE MIDDLE OF THE MEDIAN IN THE AREA OF THE ALLEN RIDGE MEDICAL FACILITY AND 491. I WAS THEN CANCELLED FROM THE PURSUIT AT THE AREA OF 491 AND SOUTHERLY STREET. I PULLED OFF TO THE SIDE OF THE ROAD IN AN ATTEMPT TO TURN AROUND WHEN I WAS INFORMED BY DISPATCH THAT THERE WAS A HIT AND RUN AT THE LOCATION OF 44 AND 491 WITH THE SUSPECT VEHICLE MATCHING THE DESCRIPTION THAT I WAS JUST IN PURSUIT WITH. WHILE EN ROUTE TO THE ACCIDENT, I WAS INFORMED BY SERGEANT CALLAHAN (0643) THAT HE HAD MADE CONTACT WITH THE VEHICLE IN A DITCH LOCATED AT 903 EAST GULF TO LAKE HIGHWAY AT WHICH POINT DEFENDANT KIRSCHNER JUMPED OUT OF THE DRIVER SEAT ALONG WITH DEFENDANT MILLER JUMPING OUT OF THE VEHICLE FROM THE PASSENGER SEAT. SERGEANT CALLAHAN WAS ABLE TO GAIN CONTACT WITH DEFENDANT KIRSCHNER. DEFENDANT KIRSCHNER WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY STRICKLAND (0583). DEPUTY HORTON (0614) RESPONDED TO THE LOCATION TO INVESTIGATE THE TRAFFIC CRASH INVOLVING THE HIT AND RUN. HE MADE CONTACT WITH VICTIM, MS DEIRDRE SCARTOZZI, WHO WAS DRIVING A 2015 RED VOLKSWAGON JETTA BEARING FLORIDA LICENSE PLATE NUMBER 684YUW. SHE STATED WHILE SHE WAS IN THE CENTER LANE, STOPPED AT NORTH LECANTO HIGHWAY AND WEST GULF TO LAKE HIGHWAY, A BLUE IN COLOR SPORTS UTILITY VEHICLE STRUCK THE LEFT REAR QUARTER PANEL OF HER VEHICLE AND TRAVELED TOWARDS THE INTERSECTION AND THEN TURNED EAST ON WEST GULF TO LAKE HIGHWAY AT A HIGH RATE OF SPEED FAILING TO STOP. SHE THEN ADVISED THAT SHE OBSERVED A MARKED CITRUS COUNTY SHERIFF'S DEPUTY VEHICLE TRAVEL THROUGH THE INTERSECTION IN AN ATTEMPT TO STOP THE VEHICLE THAT HAD JUST STRUCK HER VEHICLE. THERE WAS DAMAGE ON THE LEFT REAR QUARTER PANEL OF HER VEHICLE, WHICH WAS ESTIMATED AT APPROXIMATELY $2,000.00. WHILE SPEAKING WITH VICTIM SCARTOZZI, SHE REQUESTED EMERGENCY MEDICAL SERVICES TO RESPOND TO CHECK HER OUT BECAUSE SHE STATED SHE HAD STIFFNESS OF THE BACK SIDE OF HER NECK. MEDIC #114 FROM NATURE COAST EMERGENCY MEDICAL SERVICES ARRIVED AND TRANSPORTED HER TO CITRUS MEMORIAL HOSPITAL FOR FURTHER OBSERVATION. DEPUTY HORTON DID NOT OBSERVE ANY VISIBLE INJURIES. DEPUTY HORTON MADE CONTACT WITH VICTIM, MS AMANDA MESSER, AT THE CIRCLE K LOCATED AT NORTH LECANTO HIGHWAY AND WEST GULF TO LAKE HIGHWAY. HER VEHICLE WAS A 2007 BLACK CHEVROLET SUBURBAN BEARING FLORIDA LICENSE PLATE NUMBER 5404IB. SHE STATED SHE WAS AT THE TRAFFIC LIGHT ON NORTH LECANTO HIGHWAY AND WEST GULF TO LAKE HIGHWAY AND WAS STOPPED IN THE LEFT TURN LANE. SHE STATED THE LIGHT TURNED GREEN AND THAT WAS WHEN A BLUE IN COLOR SPORTS UTILITY VEHICLE WAS TRAVELING ON THE RIGHT SIDE OF HER THEN IMPACTED THE RIGHT REAR QUARTER PANEL OF HER VEHICLE. THE VEHICLE TRAVELED BETWEEN HER VEHICLE AND VICTIM SCARTOZZI'S VEHICLE, THEN TRAVELED IN THE INTERSECTION AND TURNED EAST ON WEST GULF TO LAKE HIGHWAY. WHILE SPEAKING WITH VICTIM MESSER, SHE DID NOT COMPLAIN OF ANY INJURIES. SHE ALSO STATED SHE HAD HER THREE CHILDREN IN THE VEHICLE, WHO WERE NOT INJURED. DEPUTY HORTON CHECKED HER VEHICLE AND OBSERVED VISIBLE DAMAGE ON THE RIGHT REAR QUARTER PANEL THAT WAS ESTIMATED AT $1,500.00. PHOTOGRAPHS WERE TAKEN OF BOTH VICTIMS VEHICLES. VICTIM SCARTOZZI'S VEHICLE WAS TOWED BY ADAM'S TOWING. A TRAFFIC CRASH REPORT WAS COMPLETED, HSMV NUMBER 86482284. I THEN MADE CONTACT WITH DEFENDANT KIRSCHNER AT THE CITRUS COUNTY DETENTION INTAKE FACILITY. I ASKED HIM IF HE HAD BEEN READ MIRANDA. HE STATED HE WAS. UPON INTERVIEWING DEFENDANT KIRSCHNER, HE STATED HE WAS DRIVING THE VEHICLE BUT WAS ASLEEP WHEN DEFENDANT MILLER HOPPED IN THE VEHICLE AND TOLD HIM TO DRIVE THE VEHICLE AND WAS NOT SURE WHAT WAS GOING ON. I ASKED WHY HE ATTEMPTED TO FLEE FROM THIS DEPUTY. HE STATED DEFENDANT MILLER HAD JUMPED IN HIS VEHICLE WHEN IT WAS PARKED IN THE MCDONALDS PARKING LOT, AND SHE WAS VERY FRANTIC AND TOLD DEFENDANT KIRSCHNER HE JUST NEEDED TO DRIVE. DEFENDANT KIRSCHNER ALSO STATED HE WAS SCARED THAT HE DID NOT KNOW WHAT HAD OCCURRED IN THE WALMART AND THAT IF HE STOPPED, WE WOULD SHOOT HIM. DEFENDANT KIRSCHNER ADMITTED LEAVING THE SCENE OF THE CRASH AND FAILED TO STOP. THE VEHICLE HE WAS DRIVING HAD DAMAGE ON THE RIGHT SIDE OF THE VEHICLE AND ALSO RED TRANSFER PAINT. PHOTOGRAPHS WERE TAKEN OF THE DAMAGE. IT WAS LATER FOUND OUT THAT DEFENDANT HAD A SUSPENDED LICENSE AS OF 030513, WHICH WAS SUSPENDED INDEFINITELY FOR FAILURE TO PAY COURT FINANCIAL OBLIGATIONS. AFTER CONDUCTING MY INTERVIEW WITH DEFENDANT KIRSCHNER, I EXPLAINED TO HIM HE WAS GOING TO BE CHARGED WITH A FELONY COUNT OF FLEEING AND ELUDING WITH A BOND OF $5,000.00, TWO COUNTS OF LEAVING THE SCENE OF AN ACCIDENT WITH A BOND OF $500.00 EACH FOR A TOTAL OF $1,000.00, ONE COUNT OF RECKLESS DRIVING WITH A BOND OF $500.00 AND ONE COUNT OF RESISTING LAW ENFORCEMENT OFFICER WITHOUT VIOLENCE WITH A BOND OF $1,000.00. TOTAL BOND WAS SET AT $7,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS LATER ISSUED FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A44KD0E, FOR LEAVING THE SCENE OF A TRAFFIC CRASH WITH A MANDATORY COURT APPEARANCE OF 070716, AT 1300 HOURS, A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A21DSBP, FOR FLEEING AND ELUDING WITH A MANDATORY COURT DATE OF 070716, AT 1300 HOURS, A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A21DSAP, FOR RECKLESS DRIVING WITH A MANDATORY COURT DATE OF 070716, AT 1300 HOURS AND A FLORIDA UNIFORM TRAFFIC CITATION, NUMBER A21DSCP, FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED UNKNOWINGLY. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
