Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (AR13-5770) DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED AS A HABITUAL TRAFFIC OFFENDER, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATUTE 322.34(5) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY INDORATO , WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: FLED ON FOOT, IN AN UNKNOWN LOCATION, UPON ATTEMPTING TO LOCATE THE VEHICLE, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. AT APPROXIMATELY 1145 HOURS, WHILE CONDUCTING TRAFFIC ENFORCEMENT IN BEVERLY HILLS, I OBSERVED A 1999, PONTIAC, TWO DOOR, WHITE IN COLOR VEHICLE, WHICH WAS BEARING FLORIDA LICENSE PLATE NUMBER 2 DR WHITE IN COLOR, BEARING 343TWG, TO TURN NORTH ON WASHINGTON AVENUE, FROM ROOSEVELT BOULEVARD. UPON THE VEHICLE PASSING ME, I RECOGNIZED THE DRIVER/DEFENDANT, TO BE MR GERNARD WHITE, THROUGH THE CLEAR UNTINTED WINDOW, WHO WAS NOT WEARING A SEAT BELT. THE DRIVER AND I MADE EYE CONTACT, AND I OBSERVED IN THE PASSENGERâS SIDE SEAT A WHITE FEMALE, LATER IDENTIFIED AS WITNESS, MS JENNIFER WILLIAMS. I AM FAMILIAR WITH THE DEFENDANT FROM A PREVIOUS ENCOUNTER, AND AM AWARE THAT HIS DRIVER'S LICENSE IS REVOKED. I THEN CONDUCTED A U-TURN, IN AN ATTEMPT TO CATCH UP TO THE VEHICLE. HOWEVER, THE VEHICLE ACCELERATED, AND TURNED RIGHT, HEADING DOWN PLAZA STREET, AND THEN OFF TO AN UNKNOWN DIRECTION, AT WHICH POINT I LOST SIGHT OF SAID VEHICLE. I THEN BOLOâD THE AREA, WHICH WAS MET WITH NEGATIVE RESULTS. SHORTLY LATER, I WAS ADVISED BY SERGEANT LAMBERT THAT HE HAD LOCATED THE VEHICLE, AND HAD CONDUCTED A TRAFFIC STOP ON THE SAME VEHICLE, AT THE INTERSECTION OF BARBER AND HOOPER STREET. I MADE CONTACT WITH SERGEANT LAMBERT, WHO ADVISED THAT MS WILLIAMS HAD BEEN THE DRIVER OF THE VEHICLE, AND SHE HAD NOT BEEN WEARING A SEAT BELT. SERGEANT LAMBERT ADVISED THAT THE DEFENDANT HAD NOT BEEN IN THE VEHICLE AT THE TIME OF HIS TRAFFIC STOP. I THEN MADE CONTACT WITH MS WILLIAMS, AND ASKED HER WHERE SHE WAS COMING FROM. SHE ADVISED THAT SHE WAS JUST IN THE NEIGHBORHOOD, ND SHE DID NOT KNOW WHICH STREET SHE JUST TURNED OFF OF. I ASKED HER WHERE THE DEFENDANT WAS LOCATED. MS WILLIAMS ADVISED THAT MR WHITE KNEW THAT HE WAS GOING TO BE PULLED OVER, WHEN HE TURNED ON TO WASHINGTON STREET, AND ACCELERATED THE VEHICLE, TURNING DOWN PLAZA STREET. SHE ADVISED THAT THE DEFENDANT HAD BEEN THE DRIVER OF THE VEHICLE, AND HAD DRIVEN AROUND THE BLOCK IN AN ATTEMPT TO LOSE MY PATROL VEHICLE. MS WILLIAMS ADVISED THAT THE DEFENDANT HAD THEN DRIVEN THROUGH SOMEONEâS YARD, AND STOPPED THE VEHICLE, EXITING THE VEHICLE AND FLEEING ON FOOT. MS WILLIAMS STATED THAT SHE DOES NOT KNOW THE ADDRESS OF WHERE HE HAD RUN FROM, HOWEVER, UPON THE VEHICLE STOPPING, HE HAD TAKEN OFF WITHOUT SAYING ANYTHING. MS WILLIAMS COMPLETED A SWORN WRITTEN STATEMENT, WHICH CORROBORATED HER VERBAL ACCOUNT. THIS WAS SIGNED AND LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS DIVISION. I THEN RAN THE DEFENDANTâS INFORMATION THROUGH D.A.V.I.D., AND CONFIRMED THAT HIS DRIVER'S LICENSE WAS STILL REVOKED, WITH THE EARLIEST SUSPENSION BEING ON 061112, FOR FAILURE TO PAY COURT FINANCIAL OBLIGATIONS, AND WITH NOTICE GIVEN ON 052112. ON 052613, AT APPROXIMATELY 1400 HOURS, I OBTAINED INFORMATION OF A POSSIBLE LOCATION FOR THE DEFENDANT, ON WASHINGTON STREET, BEVERLY HILLS, IN THE APARTMENTS AT ROOSEVELT AND WASHINGTON A SHORT TIME LATER, I OBSERVED THE DEFENDANT TO ENTER THE PASSENGERâS SIDE SEAT OF THE SAME WHITE IN COLOR, 1999, PONTIAC 2 DOOR, BEARING FLORIDA LICENSE PLATE NUMBER 343TWG, THIS VEHICLE THEN HEADED SOUTHBOUND ON SOUTH ROOSEVELT BOULEVARD. UPON CATCHING UP TO THE VEHICLE, I OBSERVED THE VEHICLE TO FAIL TO COME TO A COMPLETE STOP AT THE STOP BAR AT THE STOP LIGHT, AT THE INTERSECTION OF FOREST RIDGE AND ROOSEVELT BOULEVARD. THE VEHICLE THEN PROCEEDED SOUTH ON FOREST RIDGE, BOULEVARD, AND ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT, IN FRONT OF FOREST RIDGE ELEMENTARY. I THEN CONDUCTED A PASSENGERâS SIDE APPROACH, AND ADVISED THE DRIVER, MS JENNIFER WILLIAMS, OF THE REASON FOR THIS TRAFFIC STOP. I THEN REQUESTED THE DEFENDANT TO STEP OUT FROM THE VEHICLE. HE DID SO, AT WHICH TIME I PLACED THE DEFENDANT UNDER ARREST. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND PATTED DOWN FOR WEAPONS, WHICH WAS MET WITH NEGATIVE RESULTS. THE DEFENDANT THEN BECAME BELLIGERENT, YELLING THAT HE DID NOT KNOW WHY HE WAS BEING ARRESTED. THE DEFENDANT WAS THEN BROUGHT TO THE REAR OF MY PATROL VEHICLE, AND SAT DOWN IN THE GRASS. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING WHILE LICENSE REVOKED, AS A HABITUAL OFFENDER, ALONG WITH FOR RESISTING A LAW ENFORCEMENT OFFICER, WITHOUT VIOLENCE. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS, VIA A PREPRINTED AGENCY ISSUED CARD, AND ASKED HIM IF HE UNDERSTOOD HIS RIGHTS, AND WISHED TO CONTINUE SPEAKING WITH ME. THE DEFENDANT STATED MULTIPLE TIMES THAT HE DID NOT WANT TO ANSWER ANY QUESTIONS. THE DEFENDANT WAS THEN SECURED IN THE REAR OF DEPUTY BRIGGSâ PATROL VEHICLE. DEPUTY BRIGGS THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, HE WAS RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DRIVING WHILE LICENSE REVOKED, HABITUAL, AND RESISTING LAW ENFORCEMENT OFFICER, WITHOUT VIOLENCE, WITH HIS BOND SET AT A TOTAL OF $2,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED FLORIDA CRIMINAL TRAFFIC CITATION, BEARING CITATION NUMBER 3630GQF3, FOR DRIVING WHILE LICENSE REVOKED, AS A HABITUAL TRAFFIC OFFENDER, KNOWINGLY; WITH A MANDATORY COURT DATE OF 061813, AT 0900 HOURS. THE DEFENDANT IS LISTED AS A HABITUAL TRAFFIC OFFENDER, WITH HIS STATUS EXPIRING ON 052613, AT MIDNIGHT. THE DEFENDANT HAS MULTIPLE PRIOR SUSPENSIONS. THE IN VEHICLE VIDEO FOOTAGE WAS LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION BY THIS DEPUTY. |