Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR11123891) DID UNLAWFULLY, WANTONLY OR MALICIOUSLY, THROW A MISSILE OR HURL OR PROJECT A STONE OR OTHER HARD SUBSTANCE TO, WIT: A COMPUTER SCREEN IN THROUGH THE CENTER OF THE VICTIM'S WINDSHIELD CAUSING IT TO SHATTER, TO WIT: A 1994 BUICK FOUR DOOR VEHICLE, AND SAID MISSILE, STONE, OR HARD SUBSTANCE WOULD PRODUCE DEATH OR GREAT BODILY HARM, IF IT STRUCK A PERSON AND THE SAID VEHICLE WAS AT THAT TIME OCCUPIED OR BEING USED BY A PERSON TO WIT: VICTIM, MR JASON NELSON, IN VIOLATION OF THE FLORIDA STATE STATUTE 790.19. ON 121011, I WAS TRAVELLING ON STATE ROAD 44, WHEN I WAS FLAGGED DOWN BY THE VICTIM, MR JASON NELSON WHO WAS DRIVING A 1994 BUICK FOUR DOOR BEARING FLORIDA LICENSE PLATE NUMBER 352KGQ. I PULLED IN TO THE RACE TRAC GAS STATION ON STATE ROAD 44 IN CRYSTAL RIVER. HE ADVISED ME THAT HE WAS AT THE RACE TRAC ON 44 PUMPING GAS IN HIS VEHICLE, AND AS HE WAS PUMPING GAS HE TRIED TO MAKE SMALL CONVERSATION WITH A WHITE MALE SUBJECT (LATER IDENTIFIED AS THE DEFENDANT, MR DAVID AUTREY) THAT WAS AT THE GAS PUMP ACROSS THE WAY. HE STATED THAT HE FINISHED PUMPING GAS, AND HE GOT IN HIS VEHICLE TO LEAVE, AND THE MALE THEN CAME OVER AND STARTED A VERBAL ARGUMENT WITH HIM. MR NELSON STATED THAT HE DID NOT WANT ANY TROUBLE SO HE STARTED TO LEAVE, WHEN THE UNKNOWN SUBJECT APPROACHED HIM WITH A LARGE COMPUTER SCREEN AND THREW IT AT HIM. THE COMPUTER SCREEN STRUCK THE MIDDLE OF HIS VEHICLE'S WINDSHIELD SHATTERING THE WINDSHIELD. A WITNESS WALKED OVER TO ME AND STATED THAT HE HEARD THE WINDSHIELD SHATTER, AND HE WAS ABLE TO GET THE LICENSE PLATE NUMBER OF THE VEHICLE OF THE GUY NAMED DAVID (UNKNOWN LAST NAME) WHO HAD THROWN THE COMPUTER MONITOR. I RAN THE LICENSE PLATE NUMBER ATWK41 AND IT CAME BACK TO A MR KENNETH SPHON. I RESEARCHED KENNETH AND WAS ABLE TO GET A TELEPHONE NUMBER. I LEFT A MESSAGE ON AN ANSWERING MACHINE REFERENCE TO HIM MAKING CONTACT WITH THIS DEPUTY, IN AN ATTEMPT TO FIND OUT WHO DAVID WAS. THE WITNESS WHO GAVE ME THE LICENSE PLATE NUMBER DID NOT PROVIDE ME THEIR NAME, BECAUSE HE DID NOT WANT TO GET INVOLVED. HE STATED THAT DAVID JUST JUMPED OUT OF VEHICLE AND THREW THE MONITOR. THE WINDSHIELD WILL COST APPROXIMATELY $400.00 TO BE REPLACED, IT DID SHATTER AND LEAVE A LARGE CRACK GOING ACROSS THE WINDSHIELD. I RECEIVED A TELEPHONE CALL FROM MR SPHON LATER IN THE EVENING. I ASKED HIM WHO DAVID WAS, AND AT FIRST HE STATED HE DID NOT KNOW WHAT I WAS TALKING ABOUT. I EXPLAINED TO HIM THAT THIS WAS A CRIMINAL INVESTIGATION AND THAT THERE WAS A WITNESS THAT OBTAINED THE PLATE NUMBER OFF OF HIS VEHICLE AND I ADVISED HIM THAT THERE WAS AN ONGOING INVESTIGATION. AFTER I HUNG UP WITH HIM, I WAS ON ANOTHER DISPATCHED CALL WHEN I HEARD DEPUTY CRIDLAND GET DISPATCHED TO 2390 NORTH REYNOLDS AVENUE IN CRYSTAL RIVER, TO MAKE CONTACT WITH MR DAVID AUTREY. I SPOKE WITH DEPUTY CRIDLAND AND ADVISED HIM THAT I DID HAVE PROBABLE CAUSE IN REFERENCE TO AUTREY THROWING A COMPUTER SCREEN AT THE VICTIM'S WINDSHIELD WHILE THE VEHICLE WAS MOVING. DEPUTY CRIDLAND DID READ AUTREY HIS MIRANDA WARNING. AUTREY DID GIVE A SWORN WRITTEN STATEMENT. HE STATED THAT HE WAS IN THE PARKING LOT OF RACE TRAC AND THAT HE WAS PUMPING GAS, AND THAT THE WHITE MALE THAT WAS ACROSS FROM HIM PUMPING GAS INTO A WHITE VEHICLE STARTED RUNNING HIS MOUTH. HE STATED THE WHITE MALE FINISHED PUMPING GAS AND GOT BACK IN TO HIS VEHICLE AND STARTED BACKING UP AND HE THOUGHT HE WAS GOING TO HIT HIM FOR SOME REASON, SO HE HOPPED IN HIS VEHICLE AND GRABBED THE TELEVISION AND THREW IT AT THE GUY'S WINDSHIELD. HE SAID "THE WINDSHIELD WAS ALREADY BROKE" BUT THAT HE "BROKE IT A LITTLE MORE". HE ADVISED DEPUTY CRIDLAND THAT HE DID NOT WANT MR SPHON TO GET IN TROUBLE, THAT HE WAS THE ONE THAT THREW THE MONITOR AND HIM ALONE. HIS SWORN WRITTEN STATEMENT WAS LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS DEPARTMENT. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED), AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE A $10,000.00 BOND WAS PLACED ON HIM. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |