| Probable cause affidavit: |
SUBMITTED By: CRUZ, ABNER 0517 (AR 14-13312) (14-176940) did knowingly, actually and intentionally touch or strike DEPUTY CRUZ, a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: SEVEN RIVERS HOSPITAL, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.08(1) AND 810.08(2)(B). ON 123014, I RESPONDED TO SEVEN RIVERS HOSPITAL IN REFERENCE TO A BATTERY THAT HAD ALREADY occurred. UPON COMPLETION OF THAT BATTERY REPORT, MYSELF AND DEPUTY STOKES WERE ADVISED BY NURSING STAFF THERE WAS A GENTLEMAN CAUSING A DISTURBANCE IN the REGISTRATION AREA. NURSING STAFF REQUESTED WE MAKE CONTACT WITH THE SUBJECT, LATER IDENTIFIED AS the DEFENDANT, MR GREGORY WHITAKER, TO ADVISE HIM THAT IF HE COULD NOT BEHAVE HE WOULD NEED TO VACATE THE PREMISES. DEPUTY STOKES AND I MADE CONTACT with THE DEFENDANT AT THE REGISTRATION AREA. THE DEFENDANT ADVISED US HE WAS THERE BECAUSE SOMEONE WOKE HIM UP AND TOLD HIM THAT HIS SON WAS IN the HOSPITAL AFTER BEING HIT IN the FACE. DEPUTY STOKES ADVISED THE DEFENDANT that HIS SON WAS OKAY AND HE HAD BEEN TREATED. HE ADVISED THE DEFENDANT HE NEEDED TO CALM DOWN BECAUSE HE WAS CAUSING A DISTURBANCE AND WAS BOTHERING THE OTHER PATIENTS AND THE REGISTRATION STAFF. THE DEFENDANT REPLIED ''FUCK YOU. I donât CARE WHO YOU GUYS ARE, I'M NOT FUCKING CALMING DOWN.'' IT WAS OBVIOUS the DEFENDANT WAS UNDER THE INFLUENCE OF ALCOHOL. I AGAIN ADVISED the DEFENDANT HE NEEDED TO CALM DOWN OR HE WOULD BE REMOVED AND TRESPASSED FROM THE HOSPITAL. THE SUBJECT REPEATED HIMSELF AND ALSO SAID ''FUCKING REMOVE ME.'' I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR TRESPASS AFTER WARNING. UPON ATTEMPTING TO GRAB HIS LEFT HAND TO SECURE THE DEFENDANT IN HANDCUFFS, HE PULLED HIS HAND AGGRESSIVELY AND SWUNG WITH HIS OTHER HAND, HITTING THIS DEPUTY IN the ARM AND STOMACH. THE DEFENDANT ALSO RIPPED the MICROPHONE FROM MY RADIO. DEPUTY STOKES AND I WERE ABLE TO GET A HOLD OF the DEFENDANT WHO CONTINUED TO RESIST. THE DEFENDANT CONTINUED TO KICK. THE DEFENDANT WAS PLACED ON TOP OF A DESK WHERE WE WERE ABLE TO GAIN CONTROL AND I WAS ABLE TO HANDCUFF thE DEFENDANT BEHIND HIS BACK. WHEN DEPUTY STOKES RETRIEVED MY PATROL VEHICLE TO BRING IT CLOSER TO WHERE the DEFENDANT WAS LOCATED TO WHERE I HAD the DEFENDANT SECURED. UPON RETURNING TO THIS DEPUTIES LOCATION, the DEFENDANT BECAME BELLIGERENT ONCE AGAIN AND BEGAN CALLING THIS DEPUTY NAMES, ATTEMPTING TO BREAK LOOSE. AT that TIME, I HAD TO PLACE THE DEFENDANT ON the GROUND WHERE HE CONTINUED TO RESIST UNTIL DEPUTY STOKES RETURNED TO MY LOCATION. DEPUTY STOKES AND I THEN BEGAN TO WALK the DEFENDANT TO MY PATROL VEHICLE. THE DEFENDANT BEGAN FORCEFULLY KICKING THE DOORS OF THE HOSPITAL UNTIL WE WERE ABLE TO PLACE THE DEFENDANT INSIDE MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DISPATCH ADVISED CITRUS COUNTY DETENTION FACILITY STAFF THAT THE DEFENDANT WAS BEING AGGRESSIVE. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, STAFF WAS AWAITING MY ARRIVAL. THE CITRUS COUNTY DETENTION FACILITY STAFF WAS ABLE TO TAKE THE DEFENDANT INTO THE CITRUS COUNTY DETENTION FACILITY WIHTOUT FURTHER INCIDENT. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF BATTERY ON LAW ENFORCEMENT OFFICER WITH A $5,000.00 BOND AND ONE COUNT OF TRESPASS AFTER WARNING WITH A $1,000.00 BOND PER THE BOND SCHEDULE. |
