| Probable cause affidavit: |
SUBMITTED BY: BARR, JOSHUA 1338 (AR15-14560) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY BARR (1338), WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT RESISTED SEVERAL COMMANDS TO SUBMIT TO BEING HANDCUFFED AND CONTINUOUSLY ATTEMPTED TO PULL LOOSE FROM MY GRASP AS I ATTEMPTED TO MAINTAIN CONTROL OF HIM AND APPLY HANDCUFFS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. PERSON WITHOUT BEING AUTHORIZED LICENSED OR INVITED WILLFULLY ENTERS UPON OR REMAINS IN ANY PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE, TO WIT: THE DEFENDANT WAS ORDERED SEVERAL TIMES TO LEAVE THE PARK PROPERTY AND REFUSED TO DO SO, IN VIOLATION OF FLORIDA STATE STATUTE 810.09(1)(A). ON 041115, DEPUTY WATTS (1299) AND I WERE DISPATCHED TO HUNTERS SPRINGS PARK, LOCATED AT 104 NORTHEAST 1ST AVENUE, CRYSTAL RIVER, IN REFERENCE TO MULTIPLE UNWANTED SUBJECTS. UPON OUR ARRIVAL, WE MADE CONTACT WITH THE COMPLAINANT/PARK EMPLOYEE, MS PAMELA MILLER. MS MILLER POINTED OUT FOUR SUBJECTS, WHO SHE STATED WERE HOMELESS, APPEARED INTOXICATED AND WERE BOTHERING THE PATRONS OF THE PARK. MS MILLER STATED that SHE WANTED THEM TRESPASSED AND REMOVED FROM THE PREMISES. DEPUTY WATTS APPROACHED ONE SUBJECT, WHO WAS SITTING ALONE ON A BENCH, WHILE I APPROACHED THE OTHER THREE, WHO WERE SITTING NEARBY AT THE FLAGPOLE. I MADE CONTACT WITH THE THREE INDIVIDUALS, TO INCLUDE THE DEFENDANT, MR JACKIE LEE GENSKE. I INFORMED THEM THAT THEY WERE BEING TRESPASSED from the PROPERTY AND WOULD NEED TO LEAVE. AT THAT TIME, TWO OF THE INDIVIDUALS WERE COMPLIANT AND PREPARED TO LEAVE, WHILE THE DEFENDANT BEGAN TO ARGUE. THE DEFENDANT STATED "I HAVEN'T DONE ANYTHING WRONG WHY SHOULD I LEAVE" AND I AGAIN INFORMED THE DEFENDANT THAT HE WAS BEING TRESPASSED FROM THE PROPERTY. I EXPLAINED TO HIM THAT I WOULD DISCUSS THE MATTER WITH HIM FURTHER, ONCE WE WERE OFF OF THE PARK PROPERTY. THE DEFENDANT AGAIN REFUSED TO LEAVE AND REMAINED SEATED BY THE FLAGPOLE. I INFORMED THE DEFENDANT THAT IF HE DID NOT LEAVE THE PREMISES, HE WOULD BE PLACED UNDER ARREST FOR TRESPASSING. THE DEFENDANT THEN JUMPED TO HIS FEET, WITH BOTH FISTS CLENCHED IN AN aggressive MANNER AND STATED "THEN YOU BETTER BRING YOUR WHOLE POSSE OUT HERE BECAUSE I AIN'T GOING AND I'LL TAKE YOU ALL ON." I ORDERED THE DEFENDANT TO TURN AROUND AND PLACE HIS HANDS BEHIND HIS BACK, THE DEFENDANT DID NOT COMPLY. AT THAT TIME, I GAINED CONTROL OF THE DEFENDANT'S LEFT ARM AND ATTEMPTED TO PLACE IT BEHIND HIS BACK, WHILE CONTINUING TO GIVE HIM ORDERS TO TURN AROUND AND PLACE BOTH HANDS BEHIND HIS BACK. THE DEFENDANT ATTEMPTED TO PULL FREE OF MY GRASP, AT WHICH TIME, I CONDUCTED A LEG SWEEP MANEUVER AND PLACED THE DEFENDANT FACE DOWN ON THE GROUND. DEPUTY WATTS RESPONDED AND ASSISTED ME WITH ATTEMPTING TO GAIN CONTROL OF THE DEFENDANT. WHILE ON THE GROUND THE DEFENDANT CONTINUED TO ARGUE AND REFUSED COMMANDS TO SUBMIT TO HANDCUFFING, WHILE CONTINUOUSLY ROLLING AND ATTEMPTING TO PULL FREE OF MY GRASP. DEPUTY WATTS REMOVED THE DART CARTRIDGE FROM HIS AGENCY ISSUED TASER AND PERFORMED A DRIVE STUN ON THE DEFENDANT, WHILE GIVING HIM ORDERS TO PLACE HIS HANDS BEHIND his BACK, WHICH HE STILL DID NOT COMPLY. I THEN DELIVERED AN APPROXIMATE ONE SECOND BURST OF OC SPRAY, TO THE DEFENDANT'S EYEBROW AND FOREHEAD AREA. THE DEFENDANT THEN COMPLIED AND PLACED BOTH HANDS BEHIND HIS BACK, WHERE THEY WERE HANDCUFFED AND (DOUBLE LOCKED). THE DEFENDANT WAS THEN ESCORTED TO MY PATROL VEHICLE, WHERE HIS EYES WERE RINSED WITH WATER FOR SEVERAL SECONDS. THE DEFENDANT WAS PLACED in the REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $2,000.00, PER THE BOND SCHEDULE. NO FURTHER ACTION WAS TAKEN. |
