| Probable cause affidavit: |
SUBMITTED BY: BAIRD, MATTHEW 0624 (AR11118650) CORRUPT THE PUBLIC MORALS, OR OUTRAGE THE SENSE OF PUBLIC DECENCY, OR AFFECT THE PEACE AND QUIET OF PERSONS WHO MAY WITNESS THEM, OR ENGAGE IN BRAWLING OR FIGHTING, OR ENGAGED IN SUCH CONDUCT AS TO CONSTITUTE A BREACH OF PEACE OR DISORDERLY CONDUCT, IN VIOLATION OF FLORIDA STATE STATUTE 877.03 ON 010211 AT APPROXIMATELY 2200 HOURS, I WAS DISPATCHED TO THE AREA OF SOUTH PLUMTREE STREET AND EAST TRAIL 10 IN INVERNESS IN REFERENCE TO A DISTURBANCE IN PROGRESS. UPON ARRIVAL, I WAS ADVISED THAT THE DEFENDANT, MR FRANCISCO JAVIER JOHNSTON, HAD LEFT THE AREA IN A VEHICLE AND WAS EXTREMELY INTOXICATED. I WAS ADVISED THAT THE DEFENDANT HAD BEEN INVOLVED IN A VERBAL ALTERCATION WITH SEVERAL NEIGHBORS. I THEN BEGAN TO BOLO THE LOCAL AREA IN ORDER TO CHECK THE WELFARE OF THE DEFENDANT AS I HAD BEEN ADVISED HE WAS DRIVING UNDER THE INFLUENCE. WHILE BOLOING THE LOCAL AREA, I AGAIN PASSED BY THE RESIDENCE AT 4210 SOUTH PLUMTREE STREET WHERE I DID OBSERVE THE DEFENDANT BEING PHYSICALLY RESTRAINED BY A FAMILY MEMBER. IMMEDIATELY UPON EXITING MY PATROL VEHICLE, I COULD HEAR THE DEFENDANT SCREAMING PROFANITIES AT A LOUD VOLUME. THESE PROFANITIES WERE DIRECTED AT THE DEFENDANT'S NEXT DOOR NEIGHBORS AND WERE CLEARLY AUDIBLE THROUGHOUT THE NEIGHBORHOOD. I SPOKE TO THE DEFENDANT AND HIS FAMILY MEMBERS WHO ADVISED THEY WOULD CALM THE DEFENDANT DOWN AND TAKE HIM INSIDE OF THE RESIDENCE FOR THE EVENING. AT THAT TIME, I RE-ENTERED MY PATROL VEHICLE AND PARKED APPROXIMATELY ONE HUNDRED YARDS WEST OF THE DEFENDANT'S RESIDENCE. IN BETWEEN MY LOCATION AND THE DEFENDANT'S RESIDENCE WERE LOCATED SEVERAL NEIGHBORING RESIDENCES. AFTER A SHORT TIME, I DID OBSERVE THE DEFENDANT EXIT HIS RESIDENCE, AT WHICH TIME I COULD HEAR AT A DISTANCE OF OVER ONE HUNDRED YARDS THE DEFENDANT SCREAMING AND YELLING PROFANITIES TO INCLUDE "FUCK YOU," "PUSSY" AND "COME GET SOME." AT THAT TIME, I RETURNED TO THE RESIDENCE AND AGAIN ADVISED THE DEFENDANT'S FAMILY MEMBERS TO TAKE HIM BACK INSIDE THE RESIDENCE. AFTER THEY HAD RETURNED INSIDE THE RESIDENCE, I AGAIN RETURNED TO MY PATROL VEHICLE AND PARKED APPROXIMATELY TWO HUNDRED YARDS EAST OF THE DEFENDANT'S RESIDENCE. A SHORT TIME LATER, I OBSERVED THE DEFENDANT AGAIN EXIT HIS RESIDENCE AND BEGIN SCREAMING AND YELLING AT A HIGH VOLUME WHICH WAS PLAINLY AUDIBLE AT A DISTANCE OF OVER TWO HUNDRED YARDS. I RETURNED TO THE RESIDENCE YET AGAIN WHERE I DID OBSERVE THE DEFENDANT AGAIN BEING RESTRAINED BY A FAMILY MEMBER. THE DEFENDANT WAS AGAIN YELLING AND SCREAMING. UPON MAKING CONTACT AGAIN WITH THE DEFENDANT, HE ADVISED HE WOULD NOT GO BACK INSIDE OF HIS RESIDENCE, THAT HE WOULD CONTINUE TO YELL AND THAT HE DID NOT CARE IF HE WENT TO JAIL. WHILE SPEAKING WITH THE DEFENDANT, I DID OBSERVE THE VICTIM EXIT HIS RESIDENCE WHICH IS LOCATED DIRECTLY BEHIND THE DEFENDANT'S RESIDENCE. THE VICTIM STATED THIS IS AN ON-GOING ISSUE WITH THE DEFENDANT AND THAT ON 010211 FROM APPROXIMATELY 2200 TO 2330 HOURS, THE DEFENDANT HAD BEEN YELLING AT SUCH A VOLUME THAT HE HAD AWAKENED THE VICTIM, HIS WIFE AND HIS CHILDREN. THE VICTIM FILLED OUT A WRITTEN SWORN STATEMENT. I MADE CONTACT AGAIN WITH THE DEFENDANT WHO WAS STILL IN FRONT OF HIS RESIDENCE, CONTINUOUSLY YELLING AND SCREAMING, AT WHICH TIME HE WAS PLACED UNDER ARREST FOR BREACH OF PEACE. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS BOOKED AND HELD ON A BOND OF $250.00, IN ACCORDANCE WITH THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
