| Probable cause affidavit: |
SUBMITTED BY: ANSTEAD, LAURA 0459 (AR07005167) did unlawfully and intentionally threaten by word or act to do violence to the VICTIM, coupled with an apparent ability to carry out said threat, and utilized a deadly weapon, to-wit: A VEHICLE, without the intent to kill, and did an act or acts which created a well-founded fear in THE VICTIM that such violence was imminent, in violation of Florida Statute 784.021(1)(a) AND did drive or was in the actual physical control of a vehicle while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HER normal faculties were impaired, in violation of Florida Statute 316.193(1) AND DID REFUSE TO SUBMIT TO LAWFUL TESTING OF HER BREATH, BLOOD OR URINE TO DETERMINE THE ALCOHOL CONTENT, IN VIOLATION OF FLORIDA STATE STATUE 316.1932. ON 91807, I RESPONDED TO OZELLO TRAIL IN REFERENCE TO AN AGENCY ASSIST FOR THE CRYSTAL RIVER POLICE DEPARTMENT. THE ORIGINAL CALL WAS INITIATED BY AN ANONYMOUS CALLER FROM CLAW DADDY'S RESTAURANT IN CRYSTAL RIVER. THE CALLER ADVISED THAT A WHITE FEMALE WEARING A RED SHIRT AND DENIM SKIRT WAS INTOXICATED IN THE PARKING LOT AND WAS TRYING TO LET THE AIR OUT OF CUSTOMERS TIRES. THE CALLER ALSO ADVISED DISPATCH SHORTLY AFTER WE RECEIVED THE CALL THAT THE SUSPECT HAD GOT INTO A BLUE SCION AND WAS SPEEDING DOWN HIGHWAY 19. THE CALLER STATED THAT ANOTHER FEMALE HAD ATTEMPTED TO STOP THE SUSPECT FROM DRIVING, HOWEVER THE SUSPECT BECAME PHYSICAL WITH THE FEMALE. DISPATCH RAN THE TAG ON THE SUSPECT'S VEHICLE THROUGH FCIC/NCIC AND ADVISED THAT THE REGISTERED OWNER'S ADDRESS WAS ON OZELLO TRAIL. I THEN ADVISED DISPATCH THAT I WOULD RESPOND TO OZELLO TRAIL AND ATTEMPT TO LOCATE THE SUSPECT. UPON ARRIVING ON OZELLO TRAIL, I PROCEEDED TO THE ADDRESS LISTED ON THE REGISTRATION WHICH WAS 9610 WEST OZELLO TRAIL. AS I DROVE DOWN OZELLO TRAIL ATTEMPTING TO LOCATE THE NUMERICAL, I OBSERVED A SILVERY BLUE VEHICLE, PARKED BY THE ROAD ON THE LEFT HAND SIDE WITH THE DRIVERS DOOR OPEN, ENGINE RUNNING AND THE LIGHTS ON. I ALSO OBSERVED A WHITE FEMALE STANDING AT THE FRONT OF THE VEHICLE. I THEN PULLED UP NEXT TO THE VEHICLE, AT WHICH TIME, I OBSERVED THAT IT WAS A SCION AND THAT THE FEMALE WAS WEARING A RED SHIRT AND DENIM SKIRT. UPON OBSERVING THIS I BELIEVED THE FEMALE TO BE THE SUSPECT FROM CLAW DADDY'S RESTAURANT. I THEN EXITED MY PATROL VEHICLE AND MADE CONTACT WITH THE FEMALE LATER IDENTIFIED AS THE DEFENDANT, WHO HAD HER CELLULAR TELEPHONE IN HER HAND. BEFORE I COULD ASK THE DEFENDANT ANYTHING, SHE STATED "I'M TRYING TO CALL MY BOYFRIEND." I IMMEDIATELY NOTICED THAT THE DEFENDANT'S FACE WAS FLUSHED, HER SPEECH WAS SLURRED AND SHE WAS HAVING PROBLEMS MAINTAINING HER BALANCE. I ALSO SMELLED THE ODOR OF ALCOHOL EMITTING FROM HER BREATH. I ASKED THE DEFENDANT WHAT WAS GOING ON TONIGHT, TO WHICH SHE STATED "NOTHING, I'M AT MY HOUSE". AT THAT TIME, I LOOKED AROUND AND DID NOT SEE ANY HOUSES AND ADVISED THE DEFENDANT THAT SHE WAS PARKED IN THE MIDDLE OF A ROAD. THE DEFENDANT STATED "NO I'M NOT." AT THIS TIME, I WAS STANDING AT THE FRONT RIGHT SIDE OF THE VEHICLE. IT SHOULD BE NOTED THAT I DID NOT SEE ANYONE ELSE IN THE VEHICLE, NOR DID I SEE ANYONE ELSE IN THE AREA. I WAS ALSO UNABLE TO SEE ANY HOUSES FROM OUR LOCATION. WHILE SPEAKING WITH THE DEFENDANT, OFFICER CIRONE WITH THE CRYSTAL RIVER POLICE DEPARTMENT CONTACTED ME VIA RADIO AND WAS TRYING TO GIVE ME INFORMATION ABOUT THE INCIDENT, BUT I WAS UNABLE TO HEAR OFFICER CIRONE DUE TO THE DEFENDANT YELLING AT ME ABOUT HER BOYFRIEND. I WAS FINALLY ABLE TO QUIET THE DEFENDANT DOWN, AT WHICH TIME, I WAS ABLE TO HEAR OFFICER CIRONE ADVISE ME THAT THE CALLER STATED THAT THE DEFENDANT WAS ONLY TRYING TO LET THE AIR OUT OF THE TIRES AND HAD NOT ACTUALLY DONE ANY DAMAGE. AS I WAS TRYING TO LISTEN TO MY RADIO THE DEFENDANT, BEGAN SLOWLY MOVING TOWARDS THE DRIVER'S SIDE OF THE VEHICLE. I ASKED THE DEFENDANT TO STAY WHERE SHE WAS BECAUSE SHE WAS TOO INTOXICATED TO DRIVE; MEANWHILE, I'M STILL TRYING TO GET THE INFORMATION FROM OFFICER CIRONE ON THE RADIO. THE DEFENDANT CONTINUED TO MOVE TOWARDS THE DRIVER'S DOOR. AT THIS TIME, I WAS STANDING DIRECTLY NEXT TO THE DEFENDANT TELLING HER NOT TO GO ANYWHERE BECAUSE SHE WAS INTOXICATED. AS I KEYED UP MY RADIO TO HAVE OFFICER CIRONE REPEAT THE INFORMATION, THE DEFENDANT JUMPED IN THE FRONT SEAT OF THE VEHICLE. I THEN REACHED FOR THE DEFENDANT, YELLED FOR HER TO STOP AND WITH THE DOOR STILL OPEN SHE PUT THE VEHICLE IN DRIVE AND SPED TOWARDS ME. IT SHOULD BE NOTED, THAT THE DEFENDANT LOOKED DIRECTLY AT ME AS SHE ACCELERATED AS IF SHE WAS AIMING FOR ME. IT SHOULD ALSO BE NOTED THAT THE DEFENDANT ALMOST HIT ME WITH HER VEHICLE, BUT I WAS ABLE TO MOVE BEFORE SHE COULD. I THEN JUMPED IN MY PATROL VEHICLE AND FOLLOWED THE DEFENDANT DOWN A LONG, UNPAVED DRIVEWAY WHERE SHE PULLED UP INTO A CARPORT ATTACHED TO THE SIDE OF A RESIDENCE. THERE WAS A STAIRWELL IN THE CARPORT AND THE DEFENDANT BEGAN GOING UP THE STAIRS. THE DEFENDANT WAS UNABLE TO RUN DUE TO HER LEVEL OF INTOXICATION AND I WAS ABLE TO CATCH UP TO HER ON THE STEPS OF THE RESIDENCE. I THEN GRABBED THE DEFENDANT BY HER RIGHT ARM AND TOLD HER TO STOP. THE DEFENDANT THEN STATED "NO, I'M AT HOME, AND YOU'RE TRESPASSING." AT THIS TIME, WE WERE AT THE TOP OF THE STAIRS AND IN AN ATTEMPT TO PULL AWAY FROM ME, THE DEFENDANT FELL TO THE FLOOR AND WOULD NOT STAND BACK UP. THE DEFENDANT CONTINUED TO RESIST MY EFFORTS TO GAIN CONTROL OF HER. I WAS FINALLY ABLE TO ABLE TO PLACE THE DEFENDANT IN HANDCUFFS AND DOUBLE-LOCK THEM. IT SHOULD BE NOTED THAT THROUGHOUT THIS ENTIRE INCIDENT, THE DEFENDANT WAS YELLING AT ME ABOUT HER BOYFRIEND. SHE CALLED ME PROFANE NAMES AND CONTINUED TO ACCUSE ME OF BEING INVOLVED WITH HER BOYFRIEND. I ADVISED THE DEFENDANT THAT I DID NOT KNOW HER BOYFRIEND, BUT SHE CONTINUED TO INSIST THAT I DID. AFTER GETTING THE HANDCUFFS ON THE DEFENDANT, I TOLD HER TO STAND UP AND ATTEMPTED TO HELP HER TO HER FEET, BUT ALL SHE DID WAS SCREAM AND YELL "WHY ARE YOU DOING THIS TO ME, WHY ARE YOU RISKING YOUR CAREER FOR HIM." THE DEFENDANT REFUSED TO STAND UP, SO I WAITED FOR BACK-UP OFFICERS TO ARRIVE. WHILE WAITING, THE DEFENDANT CONTINUED TO ROLL AND TRY TO WRESTLE WITH ME. I LOOKED DOWN AT THE DEFENDANT'S HANDS, AT WHICH TIME, I OBSERVED HER TRYING TO PULL HER RIGHT HANDCUFF OFF. I HELD ONTO HER HANDS AND UPON THE ARRIVAL OF BACK-UP OFFICERS, WE WERE ABLE TO GET THE DEFENDANT DOWN THE STAIRS SAFELY AND TO THE REAR SEAT OF MY VEHICLE, WHERE I STRAIGHTENED HER HANDCUFFS AND RE-DOUBLE LOCKED THEM. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO JAIL PERSONNEL. THROUGHOUT THE DRIVE TO THE DETENTION FACILITY, THE DEFENDANT CONTINUED WITH HER ACCUSATIONS AND YELLED AND SCREAMED AS LOUD AS SHE COULD. THE DEFENDANT WAS CHARGED WITH AGGRAVATED ASSAULT WITH A DEADLY WEAPON AND DRIVING UNDER THE INFLUENCE. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TESTING OF HER BREATH TO DETERMINE THE ALCOHOL CONTENT OF HER BLOOD. IT SHOULD BE NOTED THAT THE DEFENDANT HAD ONE PRIOR SUSPENSION FOR REFUSING TO SUBMIT TO A BREATH TEST REFERENCE DUI. THE DEFENDANT WAS ALSO CHARGED WITH REFUSAL TO SUBMIT A BREATH TEST. THE DEFENDANT'S TOTAL BOND WAS SET AT $6,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER, 9116-XAI, FOR DRIVING UNDER THE INFLUENCE, WITH A MANDATORY COURT DATE OF 100807 AT 0830 HOURS. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER, 2752-ETP, FOR DUI REFUSAL WITH THE SAME MANDATORY COURT DATE AS ABOVE. *NOT-EXEMPT* |
