| Probable cause affidavit: |
SUBMITTED BY: BRUNK, KEVIN 0344 (AR13-7916) did knowingly, actually and intentionally touch or strike DEPUTY BRUNK, 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 RESIST, OBSTRUCT OR OPPOSE DEPUTY BRUNK AND DEPUTY CHENOWETH , WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE PROCESS OF ARRESTING MS BLAIR, FOR PREVIOUS WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 110713, AT APPROXIMATELY 1743 HOURS, I WAS DISPATCHED TO 6405 SOUTH LIMA AVENUE, HOMOSASSA, IN REFERENCE TO BACKING UP DEPUTY CHENOWETH, WHO WAS ON AN AGGRAVATED ASSAULT CALL. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY CHENOWETH, WHO ADVISED ME THAT HE HAD PROBABLE CAUSE FOR ARREST OF MS KAY BLAIR, IN REFERENCE TO AGGRAVATED ASSAULT WITH A DEADLY WEAPON OF A MOTOR VEHICLE AND SIMPLE BATTERY ON THE VICTIM, MS JOHNNIE ELLISON. DEPUTY CHENOWETH AND I RESPONDED TO 6689 SOUTH HAMBURG TERRACE, WHERE WE HAD PARKED OUR VEHICLES ON BERLINGER TERRACE JUST EAST OF HAMBURG, EAST OF THE RESIDENCE. AS WE WERE WALKING UP THE STREET TOWARDS THE RESIDENCE, I COULD HEAR THAT THERE WERE A LOT OF CHILDREN RUNNING IN THE YARD, AND WHAT APPEARED TO BE ADULTS SITTING AT A PICNIC TABLE. AS DEPUTY CHENOWETH AND I APPROACHED, WE COULD SEE THROUGH THE WOOD LINE, AND DEPUTY CHENOWETH ADVISED THAT MS KAY BLAIR WAS SITTING AT THE PICNIC TABLE. DEPUTY CHENOWETH AND I THEN APPROACHED THE GATE, WHICH WAS PARTIALLY OPENED. AS WE APPROACHED THE PICNIC TABLE, MS BLAIR TOLD US THAT WE COULD NOT ENTER THE PROPERTY, AND THAT WE NEEDED A WARRANT. AS WE CONTINUED TO APPROACH, DEPUTY CHENOWETH ADVISED MS BLAIR THAT SHE WAS UNDER ARREST, AT WHICH TIME SHE BECAME ARGUMENTATIVE AND BELLIGERENT. I OBSERVED THAT THERE WAS A WHITE MALE SUBJECT, LATER IDENTIFIED AS MR JASON ROTH, AND A WHITE FEMALE, LATER IDENTIFIED AS MS SHAWNA FLINN, WHO WERE SITTING RIGHT NEXT TO MS BLAIR. MS FLINN WAS SITTING CLOSEST TO MS BLAIR, AND MR ROTH WAS STANDING NEXT TO MS FLINN. DEPUTY CHENOWETH GRABBED MS BLAIRâS RIGHT ARM, IN AN ATTEMPT TO PLACE HER UNDER ARREST, BUT MS FLINN STARTED GRABBING HOLD OF MS BLAIR, PREVENTING THIS DEPUTY FROM GRABBING HOLD OF HER LEFT ARM. MS BLAIR WAS FLAILING HER ARMS BACK AND FORTH, REFUSING TO LET US GRAB HOLD OF HER TO TAKE HER IN TO CUSTODY. MS FLINN WAS COMMANDED TO BACK UP, AND SHE REFUSED, AND CONTINUED TO PULL ON MS BLAIR, OBSTRUCTING US FROM TAKING MS BLAIR INTO CUSTODY. MR ROTH WAS BEING ARGUMENTATIVE AT THE SAME TIME, AND WAS STATING THAT WE WERE NOT GOING TO TAKE MS BLAIR OR PLACE HER UNDER ARREST. MR ROTH WAS ADVISED TO BACK UP SEVERAL TIMES, WHICH HE REFUSED TO DO ALSO. MR ROTH THEN WENT OVER TO DEPUTY CHENOWETH, AND GRABBED DEPUTY CHENOWETH BY HIS SHIRT. I COMMANDED MR ROTH TO BACK UP, AT WHICH POINT HE RAN IN TO THE RESIDENCE. AT THIS TIME, THE ARGUMENT CONTINUED BETWEEN MS BLAIR AND MS FLINN, AND BOTH REFUSED TO LET US TAKE MS BLAIR IN TO CUSTODY. I OBSERVED THAT A WHITE MALE SUBJECT, LATER IDENTIFIED AS MR HAROLD BLAIR, CAME RUNNING AT DEPUTY CHENOWETH AND I, IN AN AGGRESSIVE MANNER. MR BLAIR STATED, âYOU ARE NOT TAKING HER TO JAIL.â I TOLD HIM TO BACK UP, AND HE REFUSED, AND CONTINUED TO BE ARGUMENTATIVE, ALONG WITH MR ROTH, MS FLINN AND MS BLAIR. I THEN GOT ON TO THE RADIO, AND REQUESTED THAT MORE UNITS RESPOND AS BACKUP. MR BLAIR THEN WENT OVER TO DEPUTY CHENOWETHâS SIDE, AND I STEPPED IN BETWEEN MR BLAIR AND DEPUTY CHENOWETH, SO DEPUTY CHENOWETH COULD PLACE HANDCUFFS ON MS BLAIR. MR BLAIR CONTINUED TO BE ARGUMENTATIVE, AND REFUSED TO BACK UP. THE HANDCUFFS WERE ONLY ABLE TO PLACED IN FRONT OF MS BLAIR, AS SHE REFUSED TO LET DEPUTY CHENOWETH PLACE HER IN TO CUSTODY. ALL SUBJECTS INVOLVED WERE INTERFERING; THEREFORE THE HANDCUFFS WERE PLACED ON HER IN FRONT IMMEDIATELY. ONCE MS BLAIR WAS PLACED IN HANDCUFFS, I WAS ON HER RIGHT SIDE, DEPUTY CHENOWETH WAS ON HER LEFT SIDE, AND WE THEN BEGAN ESCORTING HER BACK TO THE FRONT GATE. AS WE WALKED BACKWARDS, DUE TO THE OTHER SUBJECTS PROCEEDING TOWARDS US IN AN AGGRESSIVE MANNER, DEPUTY CHENOWETH UTILIZED HIS TASER, POINTING IT AT THEM. ALL THE WHILE, WE COMMANDED THEM TO STEP BACK; HOWEVER THEY ALL CONTINUED TO FOLLOW US. AS WE REACHED THE FRONT GATE, WE MAINTAINED A HOLD OF MS BLAIR, AWAITING BACKUP UNITS TO RESPOND. MS BLAIR CONTINUED TO BE BELLIGERENT, AND ATTEMPTED TO PULL AWAY FROM US A FEW TIMES, AND ALL THE WHILE, THE OTHER PARTIES, INCLUDING MR BLAIR, MR ROTH, AND MS FLINN CONTINUED TO BE DISORDERLY, ARGUMENTATIVE AND BELLIGERENT. AT ONE POINT, MR ROTH STATED, âIâM GONNA PUT YOU GUYS IN BLACK BODY BAGS.â MS FLINN, MR ROTH AND MR BLAIR WERE RIGHT AROUND THE GATE WHILE DEPUTY CHENOWETH AND I WERE STANDING IN THE STREET. MS BLAIR CONTINUED TO TWIST HER ARMS AND HANDS BACK AND FORTH, WHILE SHE WAS IN HANDCUFFS. AT THAT POINT IN TIME, DEPUTY FERGUSON (1266) ARRIVED ON SCENE, AND ASSISTED DEPUTY CHENOWETH AND I. I GRABBED A HOLD OF MS FLINNâS ARM, AND ESCORTED HER BACK TO THE CAR, ADVISING HER THAT SHE WAS UNDER ARREST. MS FLINN WAS PULLING AWAY, AND WAS REFUSING TO OBEY COMMANDS. AS I GOT TOWARDS THE VEHICLE, I LOOKED BACK, AND OBSERVED THAT MR BLAIR HAD APPROACHED THIS DEPUTY, AND I HEARD DEPUTY FERGUSON TELL HIM TO GET BACK. I THEN HEARD A TASER GO OFF, AND SAW THAT DEPUTY FERGUSON HAD UTILIZED HIS TASER AGAINST MR BLAIR, WHO WAS THEN LAYING ON THE GROUND. LATER, I LEARNED FROM DEPUTY FERGUSON THAT MR BLAIR HAD GRABBED MY ARM, AND ATTEMPTED TO KEEP ME FROM PUTTING MS FLINN IN TO HANDCUFFS, PER DEPUTY FERGUSON. MS FLINN THEN ATTEMPTED TO PULL AWAY FROM ME AGAIN, AT WHICH TIME SHE WAS TAKEN TO THE GROUND, UTILIZING ARM BAR TAKEDOWN, AND A LEG SWEEP, WHERE SHE WAS TAKEN TO THE GROUND IN THE ROADWAY ON THE LIME ROCK ROAD, UTILIZING AS LITTLE FORCE AS NECESSARY TO GAIN COMPLIANCE. IN DOING SO, MS FLINN CONTINUED TO TENSE, REFUSING TO LET THIS DEPUTY PLACE HANDCUFFS ON HER. I HAD A HOLD OF HER LEFT ARM IN A BENT WRIST, WITH MY LEFT HAND, WHILE MY RIGHT ARM WAS AROUND HER HEAD AND SHOULDER AREA. DURING THIS INCIDENT, I OBSERVED THAT MS BLAIR KICKED DEPUTY CHENOWETH WHILE I WAS ATTEMPTING TO GAIN CONTROL OF MS FLINN. DEPUTY HORTON THEN ARRIVED ON SCENE, AND ASSISTED IN HANDCUFFING MS FLINN, AND SHE WAS HANDCUFFED, AND THEN SECURED IN A PATROL VEHICLE. UPON DOING SO, I ASSISTED DEPUTY CHENOWETH IN PLACING MS BLAIR IN THE REAR OF HIS PATROL VEHICLE. I THEN MADE CONTACT WITH MR ROTH, AND ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST, AND HE WAS HANDCUFFED AND SECURED. I TRANSPORTED MR ROTH TO THE CITRUS COUNTY DETENTION FACILITY. I ASKED MR ROTH ABOUT THE BODY BAG STATEMENT, TO WHICH HE ADVISED THAT HE WAS NOT GOING TO PUT LAW ENFORCEMENT IN A BODY BAG, BUT HE WAS GOING TO GO TO LIMA AVENUE, AND PUT THOSE SUBJECTS IN BODY BAGS. MR ROTH ADVISED THAT HE MADE THIS STATEMENT BECAUSE HE HAD BEEN DRINKING. DEPUTY CHENOWETH TRANSPORTED MS FLINN, AND MR BLAIR AND MS BLAIR WERE TRANSPORTED BY ANOTHER DEPUTY. SEE THEIR SUPPLEMENTS FOR DETAILS. DURING THIS INCIDENT, I SUSTAINED AN ABRASION TO MY LEFT KNEE, AND RED MARKS TO MY RIGHT KNEE. I ARRESTED MR BLAIR FOR RESISTING/OBSTRUCTION OF ARREST WITHOUT VIOLENCE, AND BATTERY ON A LAW ENFORCEMENT OFFICER, WITH HIS BOND SET AT A TOTAL OF $5,500.00, PER THE BOND SCHEDULE. I ARRESTED MS FLINN FOR RESISTING/OBSTRUCTION OF ARREST WITHOUT VIOLENCE, WITH A BOND SET AT $500.00, PER THE BOND SCHEDULE. |
