| Probable cause affidavit: |
SUBMITTED By: FERGUSON, KYLE 1266 (AR16-19292)(16-58644) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO WIT: THE DEFENDANT ENTERED UNDERNEATH THE AWNING OF THE VICTIM RECREATIONAL VEHICLE (RV) AND STATED TO THE VICTIM THAT HE WOULD KILL HIM AND SWUNG HIS RIGHT FIST AT THE VICTIM UNDERNEATH THE AWNING, IN THE COUNTY AND STATE AFORESAID WITHOUT SAID PERSONS CONSENT WITH THE INTENT TO COMMIT THE OFFENSE, IN VIOLATION OF FLORIDA STATE STATUTE 810.02(2)(A). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY LONG (1303), WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: WOULD NOT PUT HIS HANDS BEHIND HIS BACK AND WAS KICKING AND WRESTLING WITH MYSELF AND DEPUTY LONG, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY FERGUSON (1266), WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: WOULD NOT PUT HIS HANDS BEHIND HIS BACK AND WAS KICKING AND WRESTLING WITH MYSELF AND DEPUTY LONG, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIM BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: THE DEFENDANT PUNCHED THE VICTIM IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). did knowingly, actually and intentionally touch or strike DEPUTY VICK (0684), a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2) did knowingly, actually and intentionally touch or strike DEPUTY LONG (1303), a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2) did knowingly, actually and intentionally touch or strike DEPUTY LONG (1303), a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2) did knowingly, actually and intentionally touch or strike DEPUTY FERGUSON (1266), a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2) did knowingly, actually and intentionally touch or strike DEPUTY LONG (1303), a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2)(A) ON 043016 AT APPROXIMATELY 2223 HOURS, I RESPONDED TO THE ROCK CRUSHER CANYON RECREATIONAL VEHICLE (RV) PARK, IN REFERENCE TO A BURGLARY THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM WHO ADVISED THAT A WHITE MALE WEARING A WHITE SHIRT AND BLACK HAT, LATER IDENTIFIED AS THE DEFENDANT, MR DONALD BUBAR, HAD COMMITTED A BURGLARY TO THE VICTIM'S RESIDENCE AND WAS NOW IN THE WOODS APPROXIMATELY 200 YARD FROM THE VICTIM'S RESIDENCE. UPON LOCATING THE DEFENDANT IN THE WOODS HE WAS LYING ON HIS BACK AND WHEN I ANNOUNCED MYSELF AS A DEPUTY WITH THE CITRUS COUNTY SHERIFF'S OFFICE I ADVISED THE DEFENDANT TO ROLL OVER ONTO HIS STOMACH AND PUT HIS HANDS OUT TO HIS SIDE, AT WHICH TIME THE DEFENDANT ROLLED TO HIS STOMACH AND PUT HIS HANDS UNDERNEATH OF HIS CHEST. I ADVISED THE DEFENDANT TO SHOW ME HIS HANDS, AT WHICH TIME THE DEFENDANT JUMPED UP TO HIS FEET, YELLED AT DEPUTY LONG, AND ENTERED INTO AN AGGRESSIVE FIGHTING STANCE AND TOOK ONE STEP TOWARDS DEPUTY LONG (1303), AT WHICH TIME DEPUTY LONG DEPLOYED HIS AGENCY ISSUED TASER STRIKING THE DEFENDANT IN THE CHEST AND IN THE ZIPPER OF HIS PANTS. THE DEFENDANT THEN STUMBLED BACKWARDS AND FELL TO THE GROUND. I GRABBED THE DEFENDANT'S RIGHT ARM AND THE DEFENDANT STOOD UP AGAIN, AT WHICH TIME DEPUTY LONG TASED THE DEFENDANT AGAIN, HOWEVER, THE TASER STOPPED WORKING. WHEN DEPUTY LONG APPROACHED THE DEFENDANT TO ASSIST ME IN HANDCUFF, THE DEFENDANT KICKED DEPUTY LONG IN THE CHEST. DEPUTY LONG AND I THEN TACKLED THE DEFENDANT TO THE GROUND AND ORDERED HIM TO PUT HIS HANDS BEHIND HIS BACK AND THE DEFENDANT YELLED, "FUCK YOU, LET ME GO." WITH THE ASSISTANCE OF THE VICTIM THE DEFENDANT WAS HANDCUFFED BEHIND HIS BACK AND WAS ESCORTED TO THE EDGE OF THE ROADWAY. UPON ARRIVAL OF MORE UNITS, I RETRIEVED MY PATROL VEHICLE FROM THE ENTRANCE OF THE RV PARK AND RESPONDED BACK TO WHERE THE DEFENDANT WAS LOCATED. THE DEFENDANT WAS LYING ON HIS STOMACH WITH HIS HANDS BEHIND HIS BACK AND BEGAN STATING THAT HE WAS HAVING TROUBLE BREATHING. AT THAT TIME I SAT THE DEFENDANT UP TO A SEATED POSITION. THE DEFENDANT THEN ATTEMPTED TO GET TO HIS FEET, AT WHICH TIME I PUSHED THE DEFENDANT BACK TOWARDS THE GROUND AND ADVISED HIM TO REMAIN SEATED. THE DEFENDANT THEN STOOD UP AGAIN AND ATTEMPTED TO RUN, AT WHICH TIME I TACKLED THE DEFENDANT TO THE GROUND ON HIS LEFT SIDE AND THE DEFENDANT BEGAN TRYING TO GET UP AGAIN, AT WHICH TIME THE DEFENDANT KICKED DEPUTY LONG ON THE SIDE OF HIS FACE AND WITH HIS OTHER LEG KICKED THIS DEPUTY IN HIS CHEST. WHILE ATTEMPTING TO SECURE THE DEFENDANT'S LEGS, DEPUTY VICK (0684) WAS ALSO KICKED IN THE LEG BY THE DEFENDANT. THE DEFENDANT WAS THEN LAID ON HIS STOMACH AGAIN AND I PUSHED THE DEFENDANT'S LEGS TOWARDS HIS BOTTOM AND SAT ON THEM TO PREVENT HIM FROM KICKING ANY FURTHER. MEDIC UNIT 119 ARRIVED ON SCENE AND THE DEFENDANT WAS STRAPPED TO THE STRETCHER AND ESCORTED TO CITRUS MEMORIAL HEALTH SYSTEM TO BE MEDICALLY CLEARED. I THEN MADE CONTACT WITH THE VICTIM AGAIN, AT WHICH TIME I WAS ADVISED THAT THE DEFENDANT HAD AWAKENED THE VICTIM BY BANGING ON THE DOORS AND THE SIDE OF THE RV AND STATED "COME OUT MOTHERFUCKER, I WILL KILL YOU." THE VICTIM THEM OPENED THE DOOR AND OBSERVED THE DEFENDANT TO BE UNDER HIS AWNING IN THE CURTILAGE OF HIS RESIDENCE. THE DEFENDANT THEN ATTEMPTED TO STRIKE THE VICTIM WHILE STANDING UNDER THE AWNING BY SWINGING HIS RIGHT FIST AT THE VICTIM. THE VICTIM THEN PUSHED THE DEFENDANT OUT TO THE DRIVEWAY, AT WHICH TIME HE WAS STRUCK BY THE DEFENDANT'S RIGHT FIST. THE DEFENDANT WAS THEN TRANSPORTED BY DEPUTY VICK TO THE CITRUS COUNTY DETENTION FACILITY AND WAS CHARGED WITH A TOTAL BOND SET AT $57,000.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS CHARGED WITH FOUR COUNTS OF BATTERY ON A LAW ENFORCEMENT OFFICER $5,000.00 (PER COUNT), PER THE BOND SCHEDULE, FOR A TOTAL SET AT $20,000.00 TWO COUNTS OF RESIST OFFICER WITH VIOLENCE WITH A BOND AMOUNT SET AT $5,000.00 (PER COUNT), PER THE BOND SCHEDULE, FOR A TOTAL AMOUNT OF $10,000.00 ONE COUNT OF ASSAULT ON A LAW ENFORCEMENT OFFICER WITH A BOND AMOUNT SET AT $1,000.00, PER THE BOND SCHEDULE ONE COUNT OF BATTERY WITH A BOND AMOUNT SET AT $1,000.00, PER THE BOND SCHEDULE ONE COUNT OF BURGLARY WITH ASSAULT WITH A BOND AMOUNT OF $25,000.00, PER THE BOND SCHEDULE . |
