| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, KYLE 1266 (AR13-7001) (13-114901) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO DEPUTY K FERGUSON, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.011; AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY K FERGUSON, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ASKING FOR IDENTIFICATION DURING AN INVESTIGATION, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 082313 AT APPROXIMATELY 2130 HOURS, I RESPONDED TO THE AREA OF 6212 WEST LA PRIMA COURT, IN REFERENCE TO WHITE MALE OF THIN BUILD, WEARING DARK JEANS AND NO SHIRT HAVING A BUZZ HAIRCUT AND GOATEE, WHO WAS THROWING ROCKS AT VEHICLES. UPON MY ARRIVAL, I NOTICED A WHITE MALE MATCHING THE DESCRIPTION AND ATTEMPTED TO MAKE CONTACT WITH HIM TO FIGURE OUT WHAT WAS GOING ON. UPON STEPPING OUT OF MY PATROL VEHICLE, THE MALE MATCHING THE DESCRIPTION, LATER IDENTIFIED AS THE DEFENDANT, MR DOUGLAS MILLER JR, BEGAN YELLING LOUDLY TELLING THIS DEPUTY âI OWN THIS ROAD AND YOU BETTER GET THE FUCK OFF OF IT BEFORE I FUCK YOU UP.â I THEN STATED TO THE DEFENDANT THAT HE NEEDED TO CALM DOWN AND PROVIDE ME WITH IDENTIFICATION BECAUSE I WAS THERE FOR A LAWFUL REASON, INVESTIGATING A CRIME THAT HAD OCCURRED AND I WOULD NOT LEAVE UNTIL MY INVESTIGATION WAS FINISHED. THE DEFENDANT THEN STATED âFUCK YOU. I AINâT GIVING YOU SHIT.â THE DEFENDANT THEN STARTED TO CLINCH HIS FIST AND BANGED THEM TOGETHER AND STARTED YELLING HE WANTED TO FIGHT THIS DEPUTY. I THEN RADIOED DISPATCHED AND ASKED FOR BACKUP UNITS BECAUSE I FELT DUE TO THE DEFENDANTâS STATEMENT AND ACTIONS, THERE WAS GOING TO BE A PHYSICAL ALTERCATION. THE DEFENDANT THEN BEGAN YELLING AND CURSING MORE AND BEGAN TO STEP TOWARDS ME WHILE BANGING HIS FISTS TOGETHER STATING HE WAS GOING TO KNOCK THIS DEPUTY OUT IF I TOUCHED HIM. I THEN DREW MY AGENCY ISSUED TASER AND STATED TO THE DEFENDANT THAT HE WAS GOING TO JAIL AND THAT HE NEEDED TO CALM DOWN OR HE WOULD BE TASED. AT THAT TIME, THE DEFENDANTâS GIRLFRIEND ATTEMPTED TO PUSH THE DEFENDANT BACK AWAY FROM ME, WHEN THE DEFENDANT PUSHED HER AWAY AND STATED âNO, IâM GOING TO FUCK HIM UP.â AT THAT TIME, DEPUTY ADAM FERGUSON AND CANINE DEPUTY VIGGIANO ARRIVED ON SCENE. I THEN POINTED MY AGENCY ISSUED TASER AT THE DEFENDANT AND TOLD HIM TO GET ON THE GROUND BECAUSE HE WAS UNDER ARREST, TO WHICH THE DEFENDANT STATED âNO, FUCK YOU.â AT THAT POINT DEPUTY ADAM FERGUSON TACKLED THE DEFENDANT TO THE GROUND AND CANINE DEPUTY VIGGIANO AND I ASSISTED IN GETTING THE DEFENDANTâS HANDS AROUND TO HIS BACK TO TAKE HIM INTO CUSTODY. THE DEFENDANT WAS THEN INFORMED HE WAS BEING PLACED UNDER ARREST FOR ASSAULT ON A LAW ENFORCEMENT OFFICER AND FOR RESISTING WITHOUT VIOLENCE. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT DID SUSTAIN SCRAPES ON HIS RIGHT SHOULDER. EMS THEN RESPONDED TO THE SCENE WHERE THE DEFENDANT REFUSED MEDICAL TREATMENT. A SWORN WRITTEN STATEMENT WAS OBTAINED FROM THE WITNESS FROM ACROSS THE STREET, WHICH WILL LATER BE TURNED INTO RECORDS. PHOTOGRAPHS OF THE DEFENDANTâS INJURIES WERE TAKEN, WHICH WILL LATER BE UPLOADED. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS HANDED OVER TO DETENTION STAFF. THE DEFENDANT BOND WAS SET AT A TOTAL OF $1,000.00 PER THE BOND SCHEDULE. |
