| Probable cause affidavit: |
SUBMITTED BY: DOYLE, CHAD 0438 (AR11121671) DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY, INJURE OR DAMAGE CERTAIN PROPERTY OF KANGAROO EXPRESS, TO WIT: THE FRONT GLASS DOOR, SUCH DAMAGE BEING OF A VALUE OF MORE THAN $200.00, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATE STATUTE 806.13(1)(A) AND 806.13 (1)(B)(2). DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF KANGAROO EXPRESS, TO WIT: A FOUR PACK OF NATURAL LIGHT BEER, BY TAKING POSSESSION OF OR CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE KANGAROO EXPRESS, A MERCHANT, OF THE POSSESSION, USE, BENEFIT OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1) AND 812.014(3)(A). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY JONATHAN BEHNEN, A K-9 HANDLER WITH THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE INVESTIGATION OF A ROBBERY/THEFT CALL, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 071011, I RESPONDED TO THE KANGAROO EXPRESS LOCATED AT 6241 WEST CARDINAL STREET IN REFERENCE TO A ROBBERY CALL. UPON MY ARRIVAL, K-9 DEPUTY BEHNEN WAS ON SCENE AND HAD HIS K-9 JERRY LEE ON LEASH JUST EAST OF THE STORE'S FRONT DOORS. THEY WERE STANDING AWAY FROM THE DEFENDANT, MR DAVID LEWIS CASH, AND HAD HIM LAYING FACE DOWN IN A PRONE POSITION. AT THIS TIME, I MOVED IN BEHIND THE DEFENDANT AND HANDCUFFED HIM BEHIND HIS BACK. NATURE COAST EMERGENCY MEDICAL SERVICES (EMS) WAS NOTIFIED IN REFERENCE TO A K-9 APPREHENSION. CONTACT WAS MADE WITH THE STORE CLERK, MR STEVEN VIDEON, WHO ADVISED THAT THE DEFENDANT HAD COME INTO THE STORE AND GONE OVER TO THE BEER CASE. HE STATED THAT WHEN HE WALKED UP TO THE COUNTER HE HAD A FOUR PACK OF NATURAL LIGHT, 16 OUNCE BEER CANS, VALUED AT $3.70 IN HIS LEFT HAND. HE ALSO STATED THAT IN HIS RIGHT HAND HE WAS HOLDING A BRICK. HE SAID THE DEFENDANT TOLD HIM THAT HE NEEDED TO CALL THE POLICE BECAUSE HE WAS READY TO GO BACK TO PRISON. THE CLERK THEN STATED THAT AS HE WALKED TO GET THE TELEPHONE THE DEFENDANT THREW THE BRICK AT THE GLASS DOOR. HE SAID THAT THE DEFENDANT THEN PICKED UP THE BRICK AND WALKED OUTSIDE WITH IT AND THE BEER WITHOUT PAYING FOR THE BEER. THE CLERK FURTHER SAID THAT AS HE WAS ON THE TELEPHONE WITH 911 THE DEFENDANT CAME BACK IN PERIODICALLY TO CHECK THAT HE DID IN FACT CALL THE POLICE. DEPUTY BEHNEN THEN INFORMED ME THAT UPON HIS ARRIVAL HE NOTICED THE DEFENDANT OUTSIDE THE BUSINESS WITH HIS HAND IN A GARBAGE CAN. HE STATED THAT HE GAVE HIM SEVERAL COMMANDS TO SHOW HIS HANDS AND GET ON THE GROUND. DEPUTY BEHNEN SAID THAT THE DEFENDANT STARTED TO RUN ALONG THE FENCE LINE BESIDE THE STORE IN AN EASTERLY DIRECTION WHEN HE RELEASED HIS K-9 PARTNER JERRY LEE. IT WAS AT THIS TIME THAT A K-9 APPREHENSION WAS MADE OF THE DEFENDANT. NATURE COAST EMS TRANSPORTED THE DEFENDANT TO SEVEN RIVERS HOSPITAL FOR TREATMENT IN REFERENCE TO THE K-9 APPREHENSION. AFTER THE DEFENDANT WAS MEDICALLY CLEARED, HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS BOOKED AND PROCESSED. HIS BOND PER THE BOND SCHEDULE WAS AS FOLLOWS: RETAIL PETIT THEFT $250.00, CRIMINAL MISCHIEF $500.00, RESIST OFFICER WITHOUT VIOLENCE $500.00. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
