| Probable cause affidavit: |
SUBMITTED BY: \tCANFIELD, LAIRD 0544 (AR13-5869) \t\t\tREYNOLDS, CONNARY 1267 DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE 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 316.193. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CANFIELD AND DEPUTY REYNOLDS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT TENSED UP AND BEGAN TRYING TO PULL HIS ARMS AND BODY AWAY FROM DEPUTY CANFIELD AND DEPUTY REYNOLDS AND HAD TO BE ESCORTED TO THE FRONT OF THE PATROL VEHICLE WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 060113, AT APPROXIMATELY 0224 HOURS, I RESPONDED TO THE AREA OF CROFT AND HIGHWAY 44, INVERNESS, TO ASSIST OFF DUTY DEPUTY INDORATO WITH A VEHICLE DRIVING ON THE WRONG SIDE OF THE ROAD. THE WEATHER CONDITIONS WERE CLEAR WITH LITTLE TO NO WIND AND THE ROADWAY WAS DRY AND FREE FROM ANY OBVIOUS DEFECTS. UPON ARRIVAL, I OBSERVED DEPUTY VENTIMIGLIA HAD CONDUCTED A TRAFFIC STOP ON A TAN 2009 KIA BEARING FLORIDA LICENSE PLATE ASRF77 WHICH WAS STILL FACING IN EAST IN THE WEST BOUND LANE OF HIGHWAY 44. UPON APPROACHING THE VEHICLE AND OBSERVING THE TWO OCCUPANTS, I MADE CONTACT WITH THE DRIVER/DEFENDANT, MR DONNIE BUSSELL. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE VEHICLE. WHILE SPEAKING WITH THE DEFENDANT, HE ADVISED HE WAS ON HIS WAY HOME BUT COULD NOT REMEMBER WHERE FROM AND HAD âFOUR OR FIVE BEERS.â THE DEFENDANT ALSO STATED HE HAD TWO DRIVING UNDER THE INFLUENCES (DUI) IN THE PAST. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED HIM TO HAVE GLASSY, WATERY, BLOOD SHOT EYES, SLURRED TO SLOW SPEECH AND AN ODER OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. HE ALSO SEEMED CONFUSED BECAUSE HE DID NOT REMEMBER WHERE HE WAS COMING FROM. I THEN ASKED THE PASSENGER/WITNESS, MR WAYNE CASCARANO, WHERE THEY WERE COMING FROM AND HE STATED THAT HE DID NOT KNOW THE DRIVER AND WAS GETTING A RIDE HOME FROM HIM WHILE THEY WERE BOTH AT GRIFFS BAR IN INVERNESS. I ASKED THE OCCUPANTS OF THE VEHICLE IF THEY WOULD STEP OUT TO WHICH THEY COMPLIED. THE DEFENDANT HAD TROUBLE GETTING OUT OF THE VEHICLE AND HAD TO BRACE HIS HANDS ON THE VEHICLEâS FRAME TO STEP OUT OF IT. I THEN ASKED BOTH THE DRIVER AND PASSENGER TO STEP TO THE SIDEWALK AREA WHERE DEPUTY VENTIMIGLIA WAS STANDING. WHILE THE DEFENDANT WALKED OVER TO THE SIDE WALK, I OBSERVED HIM TO HAVE TROUBLE WALKING, LOST BALANCE SEVERAL TIMES, STUMBLED, AND HAD TROUBLE NAVIGATING THE CURB. WHILE DEPUTY VENTIMIGLIA WAS STANDING WITH THE DEFENDANT AND WITNESS, I PARKED THE DEFENDANTâS VEHICLE IN A FLAT SURFACED, DRY, AND WELL LIT PARKING LOT. I ALSO MOVED MY PATROL VEHICLE TO THE SAME PARKING LOT AND ACTIVATED MY IN VEHICLE CAMERA AND DEACTIVATED THE FRONT EMERGENCY LIGHT FACING THE PARKING LOT. I THEN LED THE DEFENDANT TO THE SAME FLAT SURFACED, DRY, WELL LIT DRY PARKING LOT AND ONCE AGAIN OBSERVED HIM TO HAVE TROUBLE WALKING. THE DEFENDANT STUMBLED AND HAD TROUBLE WALKING SEVERAL TIMES. WHEN THE DEFENDANT FINALLY MADE IT TO THE PARKING LOT, I ASKED HIM IF HE WOULD BE WILLING TO PARTICIPATE IN STANDARDIZED FIELD SOBRIETY TEST TO WHICH HE ADVISED HE WOULD. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE NEEDED GLASSES BUT DID NOT WEAR GLASSED BECAUSE HE COULD NOT AFFORD HIM. HE ADVISED HE DID NOT HAVE ANY MEDICAL CONDITIONS THAT WOULD AFFECT THE TASKS AND HE HAD A PROBLEM WITH HIS LEFT HIP. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. WHEN EXPLAINING THE TASK TO THE DEFENDANT ASKING HIM TO STAND WITH BOTH FEET TOGETHER AND TOUCH THE TIP OF MY PEN WHICH WAS ILLUMINATED BY THE STREET LIGHT AND MY FLASH LIGHT. THE DEFENDANT WAS SWAYING FROM LEFT TO RIGHT AND DID NOT TOUCH THE TIP OF MY PEN BUT TOUCHED THE MID-PORTION OF THE PEN. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT WAS UNABLE TO PUT HIS RIGHT FOOT HEAL TO TOE IN FRONT OF HIS LEFT FOOT, WAS SWAYING BACK AND FORTH AND LOST FOOTING SEVERAL TIME. THE DEFENDANT ATTEMPTED TO TAKE HEAL TO TOE STEPS TOLD ME AFTER I TOLD HIM NOT TO START THE TASK UNTIL TOLD TO DO SO. THE DEFENDANT ASKED IF HE COULD REMOVE HIS BOOTS TO COMPLETE THE TASK AND I ADVISED HE COULD IF IT WOULD HELP HIM. THE DEFENDANT SAT ON THE GROUND AND REMOVED ONE BOOT AND WHILE ATTEMPTING TO REMOVE THE OTHER HE FELL ON THE GROUND AND THEN REMOVED THE OTHER BOOT. THE DEFENDANT ATTEMPTED TO STAND UP IN A SLOW MANNER WHEN HE GOT HALF WAY UP HE FELL OVER AGAIN ON HIS BACK AT THIS TIME STATED MULTIPLE TIMES âSHOOT ME.â I ASSISTED THE DEFENDANT ONTO HIS FEET WHERE THE STATED âIâM GOING TO LOOK YOU RIGHT IN THE FUCKING EYE DEPUTYâ AND THEN AN INCOHERENT SENTENCE AFTER THAT. THE DEFENDANT THEN STATED THAT HE COULD NOT COMPLETE THE WALK AND TURN. TASK THREE, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. DURING THIS TASK, THE DEFENDANT STARTED TO ATTEMPT THE TASK ALTHOUGH I ADVISED HIM NOT TO UNTIL TOLD TO DO SO, WHILE PUTTING HIS FEET TOGETHER HE LOST BALANCE STUMBLED BACKWARDS AND ALMOST FELL OVER A THIRD TIME. I THEN CONCLUDED THE TASK DUE TO THE DANGER OF THE DEFENDANT FALLING. TASK FOUR, ONE LEG STAND THE ONE LEG STAND WAS NOT ATTEMPTED BY THE DEFENDANT DUE TO THE RISK OF HIM FALLING AND BEING INJURED. AT THIS TIME I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR DUI AND TO PUT HIS HANDS BEHIND HIS BACK. HE THEN TENSED UP AND BEGAN TRYING TO PULL HIS ARMS AND BODY AWAY FROM ME AND RESISTED ME. THE DEFENDANT HAD TO BE ESCORTED TO THE FRONT OF MY PATROL VEHICLE FOR ME TO PLACE HIM IN HANDCUFFS (DOUBLE LOCKED, HE WAS SEARCHED, AND SECURED IN THE REAR OF MY PATROL VEHICLE. WHILE ATTEMPTING TO PLACE THE DEFENDANT UNDER ARREST HE WAS ADVISED TO STOP RESISTING. WHEN HE WAS PLACED IN THE REAR OF MY PATROL VEHICLE HE HAD TROUBLE GETTING IN AND HAD TO BE ASSISTED. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS SECURED AND LEFT ON SCENE PER THE DEFENDANTâS REQUEST. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY HE WAS TURNED OVER TO CORRECTION OFFICER RHODES TO CONDUCT A TEST OF HIS BREATH. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .137 AND .139. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH RESISTING WITHOUT VIOLENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7251XGAX WITH A MANDATORY COURT APPEARANCE OF TO BE SET BY THE JUDGE AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7177WQB7, FOR DRIVING LEFT OF CENTER WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. A COPY OF THE FOOTAGE WAS BURNED ON A CD AND LATER TURNED IN TO EVIDENCE ALONG WITH A COMPLETED PROPERTY RECEIPT. |
