| Probable cause affidavit: |
SUBMITTED BY: SHUSTER, RAMA FWC9727 (AR10114972) OPERATE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 327.35(1) ON 052210, I, LIEUTENANT RAMA SHUSTER WITH THE FLORIDA FISH AND WILDLIFE COMMISSION, WAS ON WATER PATROL IN CRYSTAL RIVER. I WAS WORKING THE AREA OF KINGS BAY, IN THE SHALLOWS. AT APPROXIMATELY 1800 HOURS, I WAS OUT AT THE SHALLOWS IN CRYSTAL RIVER DUE TO A REPORT OF A FIGHT. WHILE STANDING IN MY PATROL VESSEL, MR CORKY RAY RILEY, APPROACHED MY VESSEL WITH SEVERAL PEOPLE. I INTRODUCED MYSELF TO HIM. HE HAD VERY SLURRED SPEECH, HEAVY EYELIDS AND WAS CARRYING A PLASTIC CUP IN HIS HAND. I ASKED HIM HOW OLD HE WAS AND WHAT HIS NAME WAS. HE JUST PRODUCED IDENTIFICATION WITHOUT ANSWERING MY QUESTIONS. I LEFT THE AREA AND WENT BACK ON PATROL IN KINGS BAY. AT APPROXIMATELY 2021 HOURS, I OBSERVED A JON-BOAT TRAVELING AT IDLE SPEED WITH FIVE WHITE MALE SUBJECTS ON BOARD. ONE OF THE SUBJECTS MATCHED THE DESCRIPTION OF ONE OF THE PEOPLE FIGHTING EARLIER IN THE DAY. I TURNED AROUND TO INSPECT THE VESSEL AND SPEAK WITH THE INDIVIDUALS. AS I APPROACHED, I RECOGNIZED AS THE SUBJECT I HAD SPOKEN TO EARLIER, MR CORKY RAY RILEY. I ASKED THE SUBJECT IN THE BACK OF THE VESSEL IF HE WAS THE SUBJECT INVOLVED IN THE EARLIER ALTERCATION, TO WHICH HE STATED NO. AT THAT TIME, I TIED OFF ALONGSIDE THEIR VESSEL. I OBSERVED NUMEROUS EMPTY CANS THROUGHOUT THE VESSEL AND SMELLED A STRONG ODOR OF ALCOHOLIC BEVERAGE COMING FROM THE VESSEL. I ALSO NOTICED TWO CLEAR PLASTIC DIXIE CUPS WHICH CONTAINED WHAT APPEARED TO BE ALCOHOLIC BEVERAGES. I KEPT THE VESSEL IN A HIP-TOW AND PROCEEDED TO PETE'S PETER MARINA AND SECURED TO THE BOAT RAMP. I ADVISED MR RILEY TO STEP IN TO MY VESSEL AND THAT I NEEDED TO SPEAK WITH HIM ABOUT OPERATING HIS VESSEL. I EXPLAINED TO HIM DUE TO MY EARLIER INTERACTION THAT I WAS CONCERNED THAT HE COULD SAFELY OPERATE HIS VESSEL. HE STATED HE UNDERSTOOD BUT OF THE OTHER GUYS COULD OPERATE THE VESSEL, SO HE HAD TO. HE STATED THAT HE HAD FOUR BEERS IN APPROXIMATELY FOUR HOURS. HE ALSO STATED HE WAS NOT GOING TO DRIVE HIS VEHICLE, THAT HIS FRIEND WAS BECAUSE HE SAID HE HAD BEEN DRINKING AND HIS VEHICLE HAD A BREATHALYZER LOCK. HE ALSO STATED HE WAS IDLING AND GOING VERY SLOWLY BECAUSE HE HAD BEEN DRINKING. AT THAT TIME, I BEGAN FIELD SOBRIETY TASKS. THE FIRST TASK WAS HGN. I OBSERVED DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH EYES AND ONSET BEFORE 45 DEGREES IN BOTH EYES. TASK TWO WAS PALM PAT. MR RILEY HESITATED AND DID NOT SPEED UP. TASK THREE WAS FINGER COUNT. MR RILEY MISCOUNTED HIS FINGERS, DID NOT SPEED UP, HAD AN IMPROPER FINGER TOUCH. ON THE FIRST STAGE OF COUNTING, HE REVERSED THE NUMBERS THREE AND FOUR WHILE COUNTING. TASK FOUR, FINGER TO NOSE. HE WAS UNCERTAIN, FUMBLED BUT TOUCHED, DID NOT TOUCH HIS NOSE TIP WITH HIS FINGER TIP USING THE RIGHT HAND. HE OPENED HIS EYES DURING THE TASK AND THE SECOND TIME I ASKED HIM TO USE THE RIGHT HAND, HE STARTED TO USE THE LEFT HAND, STOPPED AND STATED "TRICKED ME" AND THEN LAUGHED. TASK FIVE, WALK AND TURN. WE MOVED TO THE PARKING LOT AT PETE'S PIER WHICH HAD A SMOOTH SURFACE AND GOOD LIGHTING TO PERFORM THE WALK AND TURN. DURING THIS TASK, MR RILEY MADE AN IMPROPER TURN AND WALKED VERY SLOWLY AND DELIBERATELY DURING THE TASK. TASK SIX, ONE LEG STAND. WHILE HE WAS COUNTING, HE COUNTED THE NUMBER 21 TWO TIMES AND STOPPED AT 28, PAUSED TO THINK ABOUT THE NEXT NUMBER, THEN CONTINUED. MR RILEY WAS SWINGING HIS HANDS OUT TO THE SIDE IN A CIRCULAR MOTION WHILE COUNTING. WHEN THE TASK WAS COMPLETED, MR RILEY STATED HE WAS STANDING ON A HUMP AND WOULD LIKE TO TRY IT AGAIN. I DID NOT SEE A HUMP BUT GAVE MR RILEY AN OPPORTUNITY TO DO THE TASK AGAIN. THIS TIME, MR RILEY CONTINUED SWINGING HIS HANDS TO COUNT, STOPPED AND PAUSED AT 24 BEFORE CONTINUING ON TO 25. TASK SEVEN, BACKWARDS COUNT. MR RILEY COUNTED BACKWARD FROM 89 TO 65. HE COUNTED IN ORDER UNTIL THE NUMBER 67, THEN HE WENT TO 63 WHICH HE REALIZED HE MADE A MISTAKE AND WENT BACK TO 67, THEN 66 AND 65. TASK EIGHT ALPHABET RECITATION. MR RILEY WENT FROM D TO F; FROM G TO K AND FROM U TO P. MR RILEY ASKED IF HE COULD SECURE HIS VESSEL ON THE TRAILER AS HIS FRIENDS WERE WAITING TO LEAVE. I ALLOWED HIM TO TIE HIS ENGINE UP ON THE VESSEL THAT WAS SITTING IN THE PARKING LOT AND ASKED HIM WHO HE WOULD TURN HIS VEHICLE AND VESSEL OVER TO. MR RILEY ADVISED IT WAS OKAY IF CHAZ SCOTT PANNEL, DATE OF BIRTH 050289, TOOK POSSESSION OF HIS VEHICLE AND VESSEL. AT THAT TIME, I ADVISED MR RILEY TO COME WITH ME AND THAT HIS friends COULD LEAVE. HE WAS PLACED UNDER ARREST AND SECURED IN HANDCUFFS. MR RILEY WAS TURNED OVER TO CITRUS COUNTY DEPUTIES FOR TRANSPORT. AT THE CITRUS COUNTY DETENTION FACILITY, MR RILEY REFUSED TO SUBMIT TO THE LAWFUL TEST OF HIS BREATH. HE WAS ADVISED HE WAS BEING CHARGED WITH OPERATING A VESSEL WHILE IMPAIRED AND REFUSAL TO SUBMIT AFTER WARNING. *NOT-EXEMPT* |
