| Probable cause affidavit: |
SUBMITTED BY: TAYLOR, TROY 0700 (AR16-20045) DID, BEING THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH OCCURRING ON PUBLIC OR PRIVATE PROPERTY WHICH RESULTED IN INJURY TO A PERSON OTHER THAN SERIOUS BODILY INJURY, AND DID NOT STOP THE VEHICLE AT THE SCENE OF THE CRASH, OR AS CLOSE THERETO AS POSSIBLE, AND DID NOT REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF FLORIDA STATE STATUTE 316.062, IN VIOLATION OF FLORIDA STATE STATUTE 316.027(2)(A); AND THE DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STAT 316.1939(1). ON 062716 AT APPROXIMATELY 1308 HOURS, I WAS DISPATCHED TO 11205 WEST SAMSON LANE, CRYSTAL RIVER, IN REFERENCE TO DOMESTIC ISSUE INVOLVING A POSSIBLY HIT AND RUN WITH INJURY. THE DESCRIPTION OF THE SUSPECT VEHICLE AND DRIVER WAS PROVIDED BY DISPATCH. DISPATCH ADVISED THAT THE VEHICLE WAS POSSIBLY HEADING SOUTH TOWARDS HOMOSASSA. WHILE EN ROUTE TO THE CALL, MYSELF AND DEPUTY ROBERT GRANGE (1397) OBSERVED A BLACK CAMARO CONVERTIBLE FACING WEST ON WEST GULF TO LAKE HIGHWAY AT THE INTERSECTION OF SOUTH EAST HIGHWAY 19, WAITING TO TURN LEFT TO TRAVEL SOUTH ON SOUTHEAST HIGHWAY 19. THE SUSPECT VEHICLE, AFTER COMPLETING ITS TURN, TRAVELED SOUTH ON SOUTHEAST HIGHWAY 19 AND AFTER CATCHING UP TO THE VEHICLE AND OBTAINING THE LICENSE TAG NUMBER, THE VEHICLE CAME BACK REGISTERED TO THE SUSPECT FROM OUR CALL. THE SUBJECT AT THIS POINT WILL BE REFERRED TO AS THE DEFENDANT. UPON ACTIVATING EMERGENCY ROOF LIGHTS OF MY PATROL CRUISER, THE DEFENDANT PULLED HIS VEHICLE ONTO THE PARKING LOT AT 2010 SOUTHEAST HIGHWAY 19 AND STOPPED. I APPROACHED THE DRIVER AND UPON MAKING CONTACT, I IMMEDIATELY SMELLED AN ODOR OF AN ALCOHOLIC TYPE BEVERAGE AND NOTICED THAT HIS PUPILS WERE EXTREMELY CONSTRICTED. HIS EYES WERE ALSO VERY GLASSY. AT THAT POINT, I REQUESTED THE DEFENDANT TO EXIT HIS VEHICLE AND HE APPEARED VERY UNSTEADY WHILE WALKING AND STANDING. DEPUTY GRANGE ATTEMPTED TO INTERVIEW THE DEFENDANT ABOUT THE INCIDENT THAT OCCURRED BETWEEN HIM AND HIS GIRLFRIEND/VICTIM, MS LORINDA CREWS, AT THEIR RESIDENCE. THE DEFENDANT WAS UNCOOPERATIVE, STATING THAT NOTHING OCCURRED; HOWEVER, WHEN I ASKED ABOUT MINOR DAMAGE ON THE DRIVER'S REAR QUARTER PANEL OF HIS VEHICLE, THE DEFENDANT STATED THAT HE MIGHT HAVE ROLLED INTO THE VICTIM'S VEHICLE BECAUSE HE HAD TROUBLE KEEPING HIS VEHICLE STEADY WHILE SHIFTING GEARS. I THEN ASKED THE DEFENDANT WHERE THE VICTIM WAS LOCATED WHILE HE WAS LEAVING THE RESIDENCE. HE ADVISED THAT SHE MAY HAVE BEEN SOMEWHERE AROUND HER VEHICLE, HE DID NOT KNOW. AT THAT POINT, I REQUESTED THE DEFENDANT IF HE WOULD BE WILLING TO SUBMIT TO THREE FIELD SOBRIETY TASKS TO DETERMINE THE POSSIBLE ALCOHOL LEVEL OF HIS BREATH, AT WHICH POINT, HE AGREED STATING THAT HE HAD NOTHING TO DRINK ALL DAY. THE FIRST FIELD SOBRIETY TASK WAS THE HORIZONTAL GAZE NYSTAGMUS. WHILE CONDUCTING THE TASK THE DEFENDANT'S EYES WERE LACKING IN SMOOTH PURSUIT SHOWING A MILD NYSTAGMUS WHEN HE REACHED MAXIMUM DEVIATION LOOKING LEFT; HOWEVER, UPON REACHING THE MAXIMUM DEVIATION LOOKING TO THE RIGHT, THE NYSTAGMUS WAS HEAVILY EXAGGERATED. THE SECOND TASK WAS THE WALK AND TURN, WHICH I EXPLAINED AND DEMONSTRATED FOR THE DEFENDANT. IT WAS REQUESTED THAT HE TAKE SEVEN STEPS FORWARD PIVOTING ON A LINE AND TAKING SEVEN STEPS BACK. THE DEFENDANT WAS VERY UNSTEADY WHILE DOING SO, STEPPING OFF OF THE LINE SLIGHTLY TWICE AND HAD TO USE HIS ARMS TO MAINTAIN HIS BALANCE. IT SHOULD BE NOTED THAT PRIOR TO ANY OF THESE TASKS I MADE SURE THAT THE GROUND WAS LEVEL AND FREE AND CLEAR OF ANY MAJOR IMPERFECTIONS OR DEBRIS. I FURTHER HAD ASKED THE DEFENDANT IF HE HAD ANY MEDICAL LIMITATIONS TO HIS EYESIGHT, TO WHICH HE STATED NO, AND IF HE HAD ANY PHYSICAL DISABILITIES THAT WOULD AFFECT HIS BALANCE IN ANY WAY, IN ORDER TO COMPLETE THESE TASKS. AGAIN HE STATED NO; HOWEVER, DID INDICATE THAT IN HIS RIGHT THIGH THERE WAS A STEEL ROD THAT DID AFFECT HIS WALKING AT TIMES. DUE TO THE POSSIBLE DISABILITY OF THE DEFENDANT' RIGHT LEG, THE LAST TASK I REQUESTED WAS THE ONE LEG STAND AND I REQUESTED THAT THE DEFENDANT BALANCE HIMSELF ON HIS LEFT LEG AND COUNT AS HIGH AS HE COULD WHILE HOLDING HIS RIGHT FOOT APPROXIMATELY SIX INCHES ABOVE THE GROUND, INFORMING HIM THAT IF HE REACHED 30 HE COULD STOP AT THAT POINT. THE DEFENDANT WAS UNABLE TO KEEP HIS RIGHT FOOT MORE THAN TWO OR THREE INCHES ABOVE THE GROUND AND COULD NOT GET PAST THE COUNT OF 10 BEFORE PLACING HIS FOOT ON THE GROUND. IT WAS AT THAT POINT I READ THE DEFENDANT HIS MIRANDA WARNING PER PREPRINTED CARD, WHICH HE UNDERSTOOD. I THEN READ HIM THE FLORIDA IMPLIED CONSENT LAW REQUESTING THAT HE SUBMIT TO A TEST OF HIS BREATH TO DETERMINE THE ALCOHOL LEVEL, WHICH HE AGREED. THE DEFENDANT WAS HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND CONVEYED TO THE CITRUS COUNTY DETENTION FACILITY AND PRESENTED TO CORRECTIONS OFFICER METZ, WHO CONDUCTED THE BREATH ALCOHOL TESTING. THE DEFENDANT COMPLETED A SAMPLE AT APPROXIMATELY 1450 HOURS, WHICH REGISTERED AT 0.185; HOWEVER, UPON LOOKING AT THE FIRST SET OF RESULTS, OFFICER METZ STATED THAT THE DEFENDANT REFUSED TO COMPLETE THE TESTING AND PROVIDE A SECOND SAMPLE OF HIS BREATH. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) A44KD8E, FOR LEAVING THE SCENE OF A CRASH WITH INJURIES WITH AN IN CUSTODY COURT DATE OF 071816 AT 0845 HOURS, AND FLORIDA UTC A44KD9E, FOR REFUSAL TO SUBMIT TO BREATH TEST WITH AN IN CUSTODY COURT DATE OF 071816 AT 0845 HOURS. THE DEFENDANT WAS ADVISED OF THE BONDS ON HIS CHARGES. THE LEAVING THE SCENE WITH INJURIES WAS SET AT $500.00 PER THE BOND SCHEDULE AND THE REFUSAL TO SUBMIT TO A BREATH TEST WAS $1,000.00 PER THE BOND SCHEDULE. DEPUTY LABORDA (0735) INTERVIEWED THE VICTIM AT HER RESIDENCE, WHERE SHE INFORMED HIM THAT WHILE IN A DOMESTIC DISPUTE, THE DEFENDANT BECAME VERY IRATE, ENTERED HIS VEHICLE, AND WHILE BACKING UP OUT OF THE DRIVEWAY, THE DEFENDANT STRUCK THE VICTIM'S OUTER LEFT THIGH, LEAVING A VISIBLE BRUISE, AND THE PASSENGER FRONT BUMPER AREA OF THE VICTIM'S VEHICLE. THE DEFENDANT THEN LEFT THE AREA, WHICH LED TO ME LOCATING THE DEFENDANT AND PLACING HIM UNDER ARREST. THE FACTS SURROUNDING THE DOMESTIC DISPUTE AND THE PHOTOGRAPH OF THE DEFENDANT'S INJURIES WERE CONTAINED IN REPORT CASE NUMBER 2016-00087615. |
