| Probable cause affidavit: |
SUBMITTED BY: LABORDA, MICHAEL 0735 (AR11123533) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: TWO SMALL CLEAR BAGGIES WEIGHING A TOTAL OF APPROXIMATELY .7 GRAMS OF POWDER COCAINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY ENDANGER THE SAFETY OF ANOTHER OR THEIR PROPERTY WHILE INTOXICATED OR DID WHILE INTOXICATED OR DRINKING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE CAUSE A PUBLIC DISTURBANCE, IN VIOLATION OF FLORIDA STATE STATUTE 856.011. ON 111311 AT APPROXIMATELY 0222 HOURS, I WAS DISPATCHED TO THE CUMBERLAND FARMS IN HERNANDO LOCATED AT 2085 NORTH FLORIDA AVENUE IN REFERENCE TO AN ASSAULT THAT HAD JUST OCCURRED. WHILE EN ROUTE, I WAS ADVISED BY DISPATCH THAT THE COMPLAINANT WAS THE STORE CLERK AND THE SUSPECT WAS WEARING A YELLOW TEE SHIRT AND WAS STILL AT THE CUMBERLAND FARMS. UPON ARRIVAL, I OBSERVED A WHITE MALE WEARING A YELLOW SHIRT WALKING AWAY FROM THE STORE TOWARD THE STREET AND THE STORE CLERK/COMPLAINANT, MR SYED JAFFARY, WAS POINTING AT HIM AND SAYING "THAT'S HIM, THAT'S HIM". I THEN STOPPED THE MALE SUBJECT/DEFENDANT, LATER IDENTIFIED TO BE MR DOMINICK GELOSO. I IMMEDIATELY OBSERVED THE DEFENDANT TO BE HEAVILY INTOXICATED AND I COULD SMELL THE ODOR OF ALCOHOL EMANATING FROM HIS PERSON FROM SEVERAL FEET AWAY. I ALSO OBSERVED THE DEFENDANT HAD URINATED HIS PANTS. I HAD THE DEFENDANT STAND AT MY PATROL VEHICLE WHILE I SPOKE WITH THE COMPLAINANT. THE COMPLAINANT ADVISED THAT THE DEFENDANT HAD COME INTO THE STORE WANTING TO BUY BEER. THE COMPLAINANT ADVISED THAT HE TOLD THE DEFENDANT HE COULD NOT SELL HIM ANY BEER BECAUSE IT WAS AFTER 0200 HOURS, AT WHICH TIME, THE DEFENDANT BECAME HOSTILE AND WALKED OUT OF THE STORE TOWARD THE TAXI IN WHICH HE HAD ARRIVED. THE COMPLAINANT THEN SAID THAT HE HAD NOTICED THE DEFENDANT HAD URINATED ON HIMSELF AND WANTED TO MAKE SURE THE TAXI DRIVER WAS AWARE SO THE COMPLAINANT WALKED OUTSIDE AND TOLD THE TAXI DRIVER ABOUT THE URINE. THE COMPLAINANT THEN STATED THAT THE DEFENDANT MUST HAVE OVERHEARD HIM AND BECAME ANGRY, AT WHICH TIME, THE DEFENDANT WALKED UP TO THE COMPLAINANT AND PUNCHED HIM IN THE FACE AND THE CHEST. THE COMPLAINANT ADVISED THAT AT THAT TIME HE CONTACTED THIS AGENCY. THE COMPLAINANT ALSO ADVISED THAT HE DID NOT WISH TO PRESS CHARGES FOR BATTERY BUT THAT HE JUST WANTED THE DEFENDANT TO LEAVE THE STORE. I THEN SPOKE WITH THE DEFENDANT AND READ HIM HIS MIRANDA RIGHTS VIA AGENCY PREPRINTED CARD. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND HE WISHED TO SPEAK WITH ME. I ASKED HIM WHAT HAD HAPPENED AND HE TOLD ME THAT HE WENT INTO THE STORE TO BUY BEER AND THE COMPLAINANT TOLD HIM HE COULD NOT SELL HIM ANY. THE DEFENDANT THEN SAID THAT HE WENT OUTSIDE TO GET back IN THE TAXI, AT WHICH TIME, THE COMPLAINANT EXITED THE STORE AND MADE A GESTURE TO THE TAXI DRIVER MAKING FUN OF HIM because HE HAD URINATED ON HIMSELF. THE DEFENDANT SAID HE BECAME ANGRY FOR BEING MADE FUN OF AND PUNCHED THE COMPLAINANT. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST FOR DISORDERLY INTOXICATION. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS back. I THEN PROCEEDED TO PAT THE DEFENDANT DOWN FOR WEAPONS BEFORE PLACING HIM IN MY PATROL VEHICLE. UPON FEELING THE OUTSIDE OF HIS RIGHT FRONT POCKET, I IMMEDIATELY FELT A HARD POINTY OBJECT. I THEN RABBIT-EARED THE DEFENDANT'S POCKET AND TWO SMALL BAGGIES CONTAINING A WHITE POWDERY SUBSTANCE FELL OUT ALONG with A HAIR COMB. THROUGH MY TRAINING AND EXPERIENCE I IMMEDIATELY RECOGNIZED THE TWO BAGGIES TO CONTAIN POWDER COCAINE. I ASKED THE DEFENDANT WHAT WAS INSIDE THE BAGGIES TO WHICH HE ADVISED IT WAS COCAINE. HE ALSO TOLD ME THAT HE HAD JUST PURCHASED THE COCAINE FOR $30.00 PER BAGGIE FROM A STRANGER AT A BAR. I FIELD TESTED THE POWDER WHICH YIELDED A POSITIVE RESULT FOR COCAINE. AT THAT TIME, I ADVISED THE DEFENDANT HE WAS BEING ARRESTED FOR DISORDERLY INTOXICATION AND POSSESSION OF A CONTROLLED SUBSTANCE. THE DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE, TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, AND TURNED OVER TO DETENTION FACILITY STAFF. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $5,150.00 PER THE BOND SCHEDULE. THE COCAINE WAS LATER SUBMITTED TO EVIDENCE. "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* |
