| Probable cause affidavit: |
SUBMITTED BY: STEELFOX, MATTHEW N240 (AR11121586) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VESSEL WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA'S STATE STATUTE 327.35(1)(A). I OFFICER MATTHEW STEELFOX WAS ON WATER PATROL ON KINGS BAY IN CRYSTAL RIVER NEAR THE SHALLOWS AT APPROXIMATELY 1826 HOURS ON 07031. I OBSERVED A VESSEL TRAVELING WEST NEAR THE SHALLOWS WITH AN EXTREMELY LARGE AMOUNT OF PEOPLE ON THE VESSEL. I PULLED ALONG SIDE THE VESSEL AND WAIVED TO THE OCCUPANTS AND OPERATOR MULTIPLE TIMES TO TAKE THEIR BOAT OUT OF GEAR SO THAT I COULD APPROACH THEM. THE OPERATOR OF THE VESSEL IGNORED MY COMMANDS. I STEPPED OUT FROM BEHIND THE CENTER CONSOLE AND SIGNALED FOR THE VESSEL TO SIT DOWN SO THAT I COULD APPROACH THEM. THE OPERATOR OF THE VESSEL AGAIN IGNORED MY COMMAND AND PULLED ALONG SIDE ANOTHER VESSEL THAT WAS ANCHORED IN THE SHALLOWS. I THEN PULLED AROUND TO THE STARBOARD SIDE OF THE SUBJECT'S VESSEL IN ORDER TO CONDUCT A SAFETY INSPECTION. I ADVISED THE OPERATOR TO BACK HIS VESSEL BACK FROM WHERE HE WAS ANCHORED SO THAT I COULD CONDUCT A SAFETY INSPECTION AWAY FROM THE OTHER VESSELS. THE OPERATOR WHO WAS THEN WAS STANDING IN THE TOWER OF HIS VESSEL CLUMSILY CAME DOWN FROM THE TOWER NEARLY FALLING TWICE. THE OPERATOR THEN JUMPED INTO THE WATER AND SWAM TOWARDS MY VESSEL. I YELLED TO THE OPERATOR TO COME TO MY VESSEL, WHICH HE COMPLIED. I IMMEDIATELY RECOGNIZED HIM AS A SUBJECT THAT I HAD CHECKED MULTIPLE TIMES IN THE PAST. HIS HAIR WAS CUT VERY SHORT, NO SHIRT ON AND IN A BATHING SUIT. THE SUBJECT APPEARED TO BE EXTREMELY IMPAIRED. WHILE HE WAS SPEAKING HIS SPEECH WAS EXTREMELY SLURRED AND DIFFICULT TO UNDERSTAND. THE SUBJECT HAD WATERY BLOODSHOT EYES AND WAS UNSTEADY ON HIS FEET. I INSTRUCTED THE OPERATOR THAT HE NEEDED TO GET INTO HIS VESSEL SO THAT I COULD CONDUCT A SAFETY INSPECTION, TO WHICH HE SAID HE WOULD NOT. I AGAIN ADVISED THE OPERATOR THAT HE NEEDED TO GET INTO HIS VESSEL SO THAT I COULD CONDUCT A SAFETY INSPECTION, TO WHICH HE AGAIN SAID HE WOULD NOT. WHEN THE OPERATOR APPROACHED MY VESSEL AFTER INSTRUCTING THE SUBJECT MULTIPLE TIMES TO RETURN TO HIS VESSEL, I ADVISED THE SUBJECT TO GET INTO MY VESSEL. AT THAT POINT AS I COULD CLEARLY SEE THAT HE WAS IMPAIRED, I INSTRUCTED HIM TO GET INTO MY VESSEL. I INSTRUCTED THE SUBJECT THREE TIMES TO GET INTO MY VESSEL. THE SUBJECT SAID NO AND BEGAN TO SWIM AWAY. I COULD NOT PURSUE THE SUBJECT DUE TO MANY OF HIS FRIENDS SURROUNDING MY VESSEL WITH COMBATIVE BEHAVIOR. I THEN TIED MY VESSEL TO HIS VESSEL AND INSTRUCTED HIS FRIENDS TO ATTEMPT TO FIND THE SUBJECT WHO HAD SWAM UNDER A PONTOON BOAT AND HID BETWEEN THE PONTOONS. I ATTEMPTED TO RETRIEVE THE SUBJECT MYSELF BY APPROACHING THE PONTOON BOAT MYSELF; HOWEVER, I COULD NOT SEE THE SUBJECT. I CONTINUED TO ATTEMPT TO INSTRUCT THE SUBJECTS FRIENDS TO GET HIM TO COME OUT FROM UNDER THE BOAT. HIS FRIENDS WERE UNCOOPERATIVE AND CONTINUED TO DISPLAY COMBATIVE BEHAVIOR AND ACTED AS IF THEY DID NOT UNDERSTAND WHAT I WAS TALKING ABOUT. THE SUBJECTS FRIENDS GATHERED AROUND MY VESSEL AT THAT POINT AND STARTED PUSHING AND PULLING ON MY MOTOR AND APPEARED TO BE TRYING TO PULL THE PLUG OF MY VESSEL. DUE TO THE SUBJECT STANDING DIRECTLY IN FRONT OF MY MOTOR I COULD NOT LEAVE THE AREA WITHOUT RISK OF INJURING SOMEONE. AT THAT TIME I ADVISED DISPATCH THAT I NEEDED BACKUP. I CONTINUED THE VERBAL COMMANDS TO THE SUBJECTS SURROUNDING MY VESSEL AND STOOD BY WAITING FOR BACKUP TO ARRIVE. WHEN BACKUP ARRIVED, WE SURROUNDED THE AREA AND CALLED FOR ASSISTANCE FROM THE CITRUS COUNTY SHERIFF'S OFFICE. WHILE ATTEMPTING TO APPREHEND THE SUBJECT A NON HOSTILE SUBJECT FROM THE CROWD APPROACHED MY VESSEL AND STATED TO ME THAT THE SUBJECT WE WERE ATTEMPTING TO LOCATE HAD SWAM TO THE ISLAND AND HAD COME OUT THE OTHER SIDE. I INFORMED THE OTHER OFFICERS. I THEN TRAVELED TO THE BACK SIDE OF THE ISLAND IN MY PATROL VESSEL. AS I CAME AROUND THE NORTHWEST SIDE OF THE ISLAND, THERE WAS A VESSEL ANCHORED WITH THREE PEOPLE IN THE WATER SWIMMING. AS I APPROACHED I COULD CLEARLY SEE THAT IT WAS THE SUBJECT THAT I WAS ATTEMPTING TO APPREHEND. I APPROACHED THE SUBJECT QUICKLY, PULLED MY TASER FROM MY DUTY BELT AND ADVISED THE SUBJECT TO APPROACH MY VESSEL AND IF HE ATTEMPTED TO FLEE AGAIN I WOULD DEPLOY MY TASER. THE SUBJECT THEN COMPLIED AND APPROACHED THE SIDE OF MY VESSEL. I ADVISED THE OTHER UNITS ASSISTING IN THE AREA THAT I HAD THE SUBJECT AT MY VESSEL. THE SUBJECT WAS ADVISED THAT HE WAS BEING PLACED UNDER ARREST FOR BOATING UNDER THE INFLUENCE AND RESISTING WITHOUT VIOLENCE. THE OTHER OFFICERS RESPONDED. OFFICER JUSTIN HENRY PULLED ALONG SIDE MY VESSEL, CAME ABOARD AND HELPED HANDCUFF THE SUBJECT AND PULL HIM ONTO MY VESSEL. THEN READ THE SUBJECT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. THE SUBJECT WAS IDENTIFIED AS MR GREGORY BUNTS II, THE SAME SUBJECT I OBSERVED OPERATING HIS VESSEL AND FAILED TO COMPLY WITH MY COMMANDS APPROXIMATELY 45 MINUTES EARLIER. I TRANSPORTED THE SUBJECT TO THE ALE HOUSE TO BE TURNED OVER TO THE CITRUS COUNTY SHERIFF'S OFFICE TO BE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT WAS READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS BREATH. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VESSEL WAS TURNED OVER TO THE DEFENDANT'S STEP-FATHER. THE DEFENDANT WAS CHARGED WITH OPERATING A VESSEL UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ALSO CHARGED WITH RESISTING AN OFFICER WITHOUT VIOLENCE WITH A BOND OF $500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA BUI UNIFORM CITATION, CITATION NUMBER Z293891 WITH A MANDATORY COURT APPEARANCE ON 080411 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO CHARGED WITH RESISTING WITHOUT VIOLENCE FWC LONG FORM NUMBER192341C WITH A MANDATORY COURT APPEARANCE OF 080411 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
