| Probable cause affidavit: |
SUBMITTED BY: FERRER, FRANCISCO 1424 (AR16-20935) DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: THE VICTIMâS PASSENGER SIDE FRONT TIRE WAS SLASHED BY THE DEFENDANT, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY FERRER (1424) AND BARR, JOSHUA (1338), WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT ATTEMPTED TO RUN BACK INSIDE HIS RESIDENCE AND HELD ON TO THE DOORFRAME TRYING TO EVADE ARREST, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 091116, AT APPROXIMATELY 1813 HOURS, I WAS DISPATCHED TO THE SHELL GAS STATION LOCATED AT 639 NORTHEAST HIGHWAY 19, IN CRYSTAL RIVER, IN REFERENCE TO A CRIMINAL MISCHIEF. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MS CRISTINA CONOVER, WHO ADVISED THAT HER EX-BOYFRIEND, MR GILBERT ZACHARY (DEFENDANT), HAD JUST SLASHED ONE OF THE TIRES ON HER VEHICLE APPROXIMATELY TEN MINUTES PRIOR TO MY ARRIVAL. I OBSERVED THE FRONT PASSENGER SIDE TIRE TO BE FLAT AND THE TIREâS VALVE STEM APPEARED TO BE CUT. THE VICTIM ADVISED THAT HER VEHICLE WAS PARKED AT GAS PUMP NUMBER 6 WHILE SHE WAS INSIDE THE GAS STATION PAYING FOR GAS. THE VICTIM ADVISED SHE NOTICED THE DEFENDANT PULL UP NEXT TO HER VEHICLE IN A DARK GREEN DODGE CARAVAN. THE VICTIM ADVISED SHE SAW THE DEFENDANT QUICKLY GET OUT, WALK TO THE PASSENGER SIDE OF HER VEHICLE, AND LEAN OVER. THE VICTIM ADVISED SHE THEN HEARD A LOUD âPOPâ AND RAN OUTSIDE TO CHECK ON HER VEHICLE. THE VICTIM ADVISED AS SHE RAN OUTSIDE THE DEFENDANT QUICKLY GOT BACK INTO THE VEHICLE AND FLED FROM THE SCENE POSSIBLY HEADING TO HIS MOTHERâS RESIDENCE LOCATED AT 9575 WEST ORCHARD STREET, IN CRYSTAL RIVER. THE VICTIM ADVISED SHE HAD JUST BROKE UP WITH THE DEFENDANT A COUPLE DAYS AGO AND HE HAD BEEN HARASSING HER BY CALLING HER VULGAR NAMES THROUGH TEXT MESSAGES AND SHOWING UP TO HER RESIDENCE LATE AT NIGHT. THE VICTIM ADVISED AT THE TIME OF THE INCIDENT THE DEFENDANT WAS WEARING BLACK SHORTS AND NO SHIRT. SHE ALSO STATED THE DEFENDANT WAS ALONE. WHILE ON SCENE, I MADE CONTACT WITH MR JUSTIN BARNES (WITNESS) WHO ADVISED THAT HE WAS PUMPING GAS AT PUMP 5 RIGHT NEXT TO THE VICTIMâS VEHICLE. THE WITNESS ADVISED HE NOTICED A DARK GREEN DODGE CARAVAN PULL UP AND THE DRIVER GOT OUT OF THE VEHICLE. THE WITNESSED ADVISED THE SUBJECT THEN WALKED OVER TO THE VICTIMâS VEHICLE AND GOT DOWN BY THE FRONT PASSENGER SIDE TIRE. THE WITNESS ADVISED HE HEARD WHAT SOUNDED LIKE AIR HISSING, AT WHICH TIME THE SUBJECT GOT BACK INTO THE DODGE CARAVAN AND QUICKLY DROVE AWAY. THE WITNESS ADVISED THE SUBJECT WAS WEARING GYM SHORTS AND WAS APPROXIMATELY 6â0ââ TALL AND 200 POUNDS. I ASKED THE WITNESS IF HE KNEW THE VICTIM, TO WHICH HE ADVISED THEY WERE STRANGERS. THE WITNESS COMPLETED A SWORN WRITTEN STATEMENT. THE VICTIM WAS PROVIDED WITH AN AGENCY CASE CARD BEARING MY NAME AND THE CASE NUMBER. A SHORT TIME LATER, DEPUTY BARR (1338) AND I DROVE TO 9575 WEST ORCHARD STREET IN AN ATTEMPT TO MAKE CONTACT WITH THE DEFENDANT. UPON ARRIVAL, I IMMEDIATELY NOTICED A DARK GREEN DODGE CARAVAN IN THE FRONT YARD, WHICH MATCHED THE DESCRIPTION PROVIDED BY THE VICTIM AND WITNESS. I THEN SPOKE TO A WHITE FEMALE WHO ADVISED SHE WAS THE DEFENDANTâS SISTER. SHE ADVISED THAT THE DEFENDANT WAS NOT HOME AND SHE WAS VERY UNCOOPERATIVE. I ALSO SPOKE TO A WHITE MALE (THE DEFENDANTâS UNCLE) WHO ALSO ADVISED THAT THE DEFENDANT WAS NOT HOME. A SHORT TIME LATER, THE DEFENDANTâS SISTER CAME BACK TO THE FRONT DOOR. AFTER EXPLAINING TO HER THE SITUATION THAT THE DEFENDANT WAS INVOLVED IN SHE ADVISED SHE WOULD LOOK FOR HIM IN THE BACKYARD OF THE RESIDENCE. APPROXIMATELY FIVE MINUTES LATER, THE DEFENDANT WALKED OUT ONTO THE FRONT PORCH. BEFORE I COULD ASK THE DEFENDANT ABOUT THE INCIDENT, HE IMMEDIATELY STATED HE DID NOT SLASH ANYONEâS TIRES. I EXPLAINED TO THE DEFENDANT THAT THERE WAS AN INDEPENDENT WITNESS AT THE SCENE AND THE VICTIM AND WITNESS SAW HIM GET OUT OF THE DARK GREEN DODGE CARAVAN. AT THAT TIME, I ADVISED THE DEFENDANT THAT HE WAS UNDER ARREST. I THEN TOLD THE DEFENDANT TO TURN AROUND AND PLACE HIS HANDS BEHIND HIS BACK, AT WHICH TIME HE ATTEMPTED TO TURN AWAY AND MOVED TOWARDS THE DOOR OF THE RESIDENCE. DEPUTY BARR GRABBED THE DEFENDANTâS ARM AND THE DEFENDANT THEN JERKED AWAY AND ATTEMPTED TO RUN INSIDE THE RESIDENCE. THE DEFENDANT WAS GIVEN VERBAL COMMANDS NOT TO RESIST. DEPUTY BARR STILL HAD A GRIP ON THE DEFENDANTâS ARM, WHILE THE DEFENDANT CONTINUED TO PULL BACK AND GRAB ONTO THE DOOR FRAME OF THE RESIDENCE IN AN ATTEMPT TO GET INSIDE. I THEN GRABBED THE DEFENDANTâS LEG AND PULLED HIM OUTSIDE. I ONCE AGAIN TOLD THE DEFENDANT NOT TO RESIST; HOWEVER, HE CONTINUED TO TENSE UP AND TRIED TO EVADE ARREST. THE DEFENDANT WAS THEN TAKEN TO THE GROUND AND PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. WHILE THE DEFENDANT WAS ON THE GROUND, HE UTTERED THAT HE DID NOT TRY TO SLASH THE VICTIMâS TIRE AND HE WAS ONLY TRYING TO CHECK THE TIRE PRESSURE. THE DEFENDANT WAS THEN PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT CONTINUED TO STATE THAT HE WAS ONLY TRYING TO CHECK THE VICTIMâS TIRE PRESSURE. THE DEFENDANT WAS CHARGED WITH CRIMINAL MISCHIEF ($1,000.00 BOND) AND RESISTING AN OFFICER WITHOUT VIOLENCE ($1,000.00 BOND). THE DEFENDANTâS TOTAL BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. |
