| Probable cause affidavit: |
\tSUBMITTED BY: LABORDA, MICHAEL 0735 (AR12000549) \tdid, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(2)(C). \t DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1). ON 040112, AT APPROXIMATELY 1834 HOURS, I WAS DISPATCHED TO THE INTERSECTION OF EAST BUFFALO LANE AND NORTH TOMAHAWK TERRACE IN REFERENCE TO A TRAFFIC CRASH. WHILE EN ROUTE I WAS ADVISED BY DISPATCH THAT THE SUSPECT VEHICLE WHICH WAS A MOTORCYCLE THAT HAD STRUCK A PARKED VEHICLE AND HAD INJURED A THREE MONTH OLD INFANT WHO WAS BEING LOADED INTO THE VEHICLE. DISPATCH FURTHER ADVISED THE SUSPECT HAD GOTTEN BACK UP ONTO HIS MOTORCYCLE AND FLED THE SCENE HEADING SOUTH BOUND ON NORTH CARL G ROSE HIGHWAY FROM EAST BUFFALO LANE. DISPATCH ADVISED THAT THE SUSPECT WAS A WHITE MALE WEARING A HELMET and WAS LAST SEEN WEARING BLUE JEANS AND A WHITE COLORED T-SHIRT. AS I WAS TRAVELING NORTH BOUND ON NORTH CARL G ROSE HIGHWAY APPROXIMATELY ONE QUARTER MILE NORTH OF EAST LAKE PARK DRIVE, I OBSERVED THE MOTORCYCLE MATCHING THAT DESCRIPTION TRAVELING SOUTH BOUND IN THE SAME AREA. MY MOVING RADAR HAD CURRENTLY BEEN ACTIVATED and I GOT A SPEED READING OF 59 MILES PER HOUR (MPH) AS THE MOTORCYCLE PASSED ME. I MADE A U-TURN AND ATTEMPTED TO STOP THE MOTORCYCLE. MY EMERGENCY LIGHTS AND SIREN WERE FULLY ACTIVATED, AS I FOLLOWED the MOTORCYCLE SOUTH ON NORTH CARL G ROSE HIGHWAY. THE DRIVER OF THE MOTORCYCLE, LATER IDENTIFIED TO BE THE DEFENDANT MR JAMES ELLIS, THEN TURNED HIS HEAD AND LOOKED BACK AT MY PATROL VEHICLE, REFUSED TO STOP, CONTINUED TRAVELING SOUTH ON NORTH CARL G ROSE HIGHWAY. AS WE APPROACHED EAST LAKE PARK DRIVE, THE DEFENDANT ATTEMPTED TO MAKE A LEFT HAND TURN ONTO EAST LAKE PARK DRIVE BUT WAS TRAVELING TOO FAST AND MISSED THE STREET. THE DEFENDANT MADE A LEFT HAND TURN INTO THE GRASSY AREA SOUTH OF EAST LAKE PARK DRIVE, DROVE THROUGH THE RIGHT AWAY AREA AND RE-ENTERED THE ROADWAY AND STARTED TO TRAVEL EAST BOUND ON EAST LAKE PARK DRIVE. THE DEFENDANT HAD STALLED THE MOTORCYCLE AND I CAME TO A STOP BEHIND HIM IN THE MIDDLE OF EAST LAKE PARK DRIVE, PULLED MY AGENCY ISSUED PISTOL, POINTED IT AT THE DEFENDANT, AND ORDERED HIM TO THE GROUND. I TOLD THE DEFENDANT MULTIPLE TIMES TO GET OFF OF THE MOTORCYCLE AND LAY ON THE GROUND TO WHICH HE DID NOT COMPLY. THE DEFENDANT STARTED THE MOTORCYCLE AGAIN AND ATTEMPTED TO RIDE AWAY. I APPROACHED THE DEFENDANT, HOLSTERED MY PISTOL AS HE WAS TRYING TO GET THE MOTORCYCLE IN GEAR, AND GRABBED HIM BY HIS LEFT WRIST AND CONDUCTED AN ARM BAR TAKE DOWN OFF OF THE MOTORCYCLE INTO THE ROADWAY. THE DEFENDANT WAS SECURED IN HANDCUFFS (DOUBLE-LOCKED) BEHIND HIS BACK AND SEATED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA VIA THE PRE-PRINTED AGENCY ISSUED CARD TO WHICH HE ADVISED HE UNDERSTOOD AND THAT HE WISHED TO SPEAK WITH ME. I ASKED THE DEFENDANT IF HE SAW ME AS I ATTEMPTED TO STOP HIM TO WHICH HE INITIALLY ADVISED NO HE DID NOT, BUT LATER RECANTED HIS STATEMENT and STATED THAT YES HE SAW ME BUT THAT HE WAS TOLD BY A FRIEND TO TAKE THE MOTORCYCLE AND LEAVE BECAUSE HE WAS TRYING TO GET AWAY SO HE WOULD NOT BE KILLED BY SOME ONE WHO WAS AFTER HIM. I ASKED THE DEFENDANT WHO WAS AFTER HIM, TO WHICH HE COULD NOT ADVISE A NAME, BUT JUST STATED THAT âYOU WOULD NOT UNDERSTAND WHAT WAS GOING ON.â I ASKED THE DEFENDANT IF HE HAD A VALID DRIVER'S LICENSE AND A MOTORCYCLE ENDORSEMENT AND HE ADVISED HE DID NOT. I RAN THE DEFENDANT THROUGH NCIC/FCIC AND DISCOVERED THAT HIS LICENSE WAS REVOKED. PER DAVID THE DEFENDANTâS LICENSE WAS SUSPENDED INDEFINITELY MULTIPLE TIMES WITH THE LATEST BEING 032712 FOR FAILURE TO PAY FINANCIAL OBLIGATIONS. PER NCIC/FCIC THE DEFENDANT HAD received NOTICE BY COURT ORDER AND THAT THE AUTHORITIES WERE TO IMPOUND THE VEHICLE IF THE DRIVER WAS THE OWNER. I REQUESTED EMERGENCY MEDICAL SERVICES RESPOND TO MY LOCATION AND MEDIC 6 ARRIVED ON SCENE. THE DEFENDANT WAS CLEARED ON SCENE BY PARAMEDICS AND WAS RE-SECURED IN THE REAR OF MY PATROL VEHICLE. FLORIDA HIGHWAY PATROL WAS CONTACTED IN REFERENCE TO THE HIT AND RUN AND POSSIBLE DRIVING WHILE UNDER THE INFLUENCE. THE DEFENDANTâS VEHICLE WAS TOWED BY FLORIDA HIGHWAY PATROL. I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY ON CHARGES OF DRIVING WHILE LICENSES WAS SUSPENDED AND FLEEING AND ELUDING. THE DEFENDANTâS BOND WAS SET AT $2,000.00 FOR DRIVING WHILE LICENSE SUSPENDED and $2,000.00 FOR FLEEING AND ELUDING WITH A TOTAL OF $4,000.00 PER THE BOND SCHEDULE. COPIES OF THE CITATIONS WERE SUBMITTED TO RECORDS. THE DEFENDANT WAS ISSUED CRIMINAL TRAFFIC CITATION NUMBER 6883GQF1 FOR DRIVING WHILE LICENSE SUSPENDED WITH MANDATORY COURT DATE 041912 AT 1300 HOURS AT THE CITRUS COUNTY COURT HOUSE. \t |
