| Probable cause affidavit: |
SUBMITTED BY: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) OFFICER SEILER, SWAIN (AR15-16487) ON SATURDAY SEPTEMBER 19, 2015, I WAS ON WATER PATROL ON THE HOMOSASSA RIVER JUST EAST OF HALLâS RIVER. THIS AREA IS A POSTED âIDLE SPEEDâ ZONE YEAR ROUND. I OBSERVED AN AIR BOAT, (BEARING FL2372JM), TRAVELING WEST AT A SPEED THAT VIOLATED THIS RESTRICTION. I CONDUCTED A VESSEL STOP AND MADE CONTACT WITH THE OPERATOR, LATER IDENTIFIED AS JAMES EORGAN, (D.O.B. 7/24/86- DEFENDANT), AND INITIATED A BOATING SAFETY INSPECTION. MY VESSEL WAS ANCHORED USING A POWER-POLE, AND THE WATER WAS CALM WITH MILD WIND BLOWING. THERE WERE THREE PASSENGERS ON BOARD THE VESSEL. THE DEFENDANT WAS ASKED TO PRODUCE 4 LIFE JACKETS, ONE THROWABLE FLOTATION DEVICE, ONE SOUND PRODUCING DEVICE, ONE FIRE EXTINGUISHER, AND VESSEL REGISTRATION. DURING THE INSPECTION THE DEFENDANT HAD DIFFICULTY FOCUSING ON THE TASK AND HAD TO BE REMINDED OF THE REQUESTED ITEMS TWICE. I OBSERVED THE DEFENDANTâS MOVEMENTS TO BE SLOW AND DELIBERATE, AND HIS RESPONSES TO QUESTIONS WERE SLOW. I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT AND OBSERVED HIS SPEECH TO BE SLOW AND SLURRED, AND HIS EYES TO BE BLOOD SHOT AND WATERY. THE DEFENDANT WAS UNSTEADY ON HIS FEET AND HAD TROUBLE MAINTAINING HIS BALANCE. I OBSERVED THE DEFENDANT GRAB A HAND RAIL ON HIS VESSEL TWICE AND BRACE AGAINST A SEAT BACK WITH HIS LEFT HAND ONCE TO HELP MAINTAIN HIS BALANCE. AT THIS POINT, BASED ON MY TRAINING AND EXPERIENCE, I SUSPECTED THAT EORGAN WAS OPERATING A VESSEL WHILE IMPAIRED. I INFORMED THE DEFENDANT OF MY SUSPICION AND ASKED HIM IF HE HAD BEEN DRINKING AND HE ADMITTED TO HAVING âA FEW DRINKS.â I THEN ASKED HIM TO COME ABOARD MY VESSEL AND PERFORM SOME FIELD SOBRIETY EXERCISES. THE DEFENDANT BEGAN THE EXERCISES SEATED ON A FLAT STABLE SEAT BUILT-IN TO MY PATROL VESSEL CONSOLE. I ASKED EORGAN IF HE WAS COMFORTABLE AND STABLE AND HE ANSWERED, âYES.â AT THIS TIME I ASKED EORGAN PRELIMINARY QUESTIONS FOR THE FIELD SOBRIETY TASKS AND SHE ANSWERED âNOâ FOR ALL. ALL OF THE BELOW TASKS WERE EXPLAINED AND DEMONSTRATED FOR THE DEFENDANT. WHILE SEATED ON THE VESSEL THE FOLLOWING TASKS WERE PERFORMED: HORIZONTAL GAZE NYSTAGMUS: -\tI READ DIRECTIONS FROM PREPARED TEXT AND ASKED EORGAN IF HE UNDERSTOOD THE DIRECTIONS, TO WHICH HE ANSWERED âYES.â -\tTHERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYE. -\tTHERE WAS DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYE. -\tTHERE WAS ONSET OF NYSTAGMUS PRIOR TO 45 DEGREES. DURING STANDARDIZED FIELD SOBRIETY EXERCISES I OBSERVED THE FOLLOWING CLUES OF IMPAIRMENT: FINGER TO NOSE: TASK WAS EXPLAINED AND DEMONSTRATED FOR THE DEFENDANT, AND WHEN ASKED IF HE UNDERSTOOD THE INSTRUCTIONS HE ANSWERED âYES.â -\tDID NOT CLOSE EYES - OPENED EYES DURING TASK - \tUSED WRONG HAND ONCE - HESITATED 2 TIMES -\tUSED OTHER THAN FINGERTIP 4 TIMES -\tSEARCHED FOR NOSE ONCE - MISSED NOSE 3 TIMES -\tMOVED HEAD DURING TASK TWICE PALM PAT: TASK WAS EXPLAINED AND DEMONSTRATED FOR THE DEFENDANT, AND WHEN ASKED IF HE UNDERSTOOD THE INSTRUCTIONS HE ANSWERED âYES.â -\tROLLED HANDS -\tDID NOT INCREASE SPEED - STOPPED BEFORE TOLD WE THEN RELOCATED TO A NEARBY DOCK APPROXIMATELY 75 FEET AWAY SO WE COULD COMPLETE THE FOLLOWING SOBRIETY EXERCISES ON A FLAT STABLE DOCK: WALK AND TURN: TASK WAS EXPLAINED AND DEMONSTRATED FOR THE DEFENDANT, AND WHEN ASKED IF HE UNDERSTOOD THE INSTRUCTIONS HE ANSWERED âYES.â \t- LOST BALANCE DURING INSTRUCTION \t- STOPPED WHILE WALKING ON STEP 5 DOWN -\tDID NOT TOUCH HEEL-TO-TOE ON ALL STEPS DOWN AND BACK -\tSTEPPED OFF OF LINE STEPS 3-6 DOWN AND STEPS 4-7 BACK -\tUSED ARMS TO BALANCE THE ENTIRE EXERCISE -\tIMPROPER TURN - WRONG NUMBER OF STEPS (10 DOWN 11 BACK)\t ONE LEG STAND: TASK WAS EXPLAINED AND DEMONSTRATED FOR THE DEFENDANT, AND WHEN ASKED IF HE UNDERSTOOD THE INSTRUCTIONS HE ANSWERED âYES.â -\tSWAYED WHILE BALANCING -\tUSED ARMS TO BALANCE FOR DURATION OF EXERCISE - HOPPING - PUT FOOT DOWN THREE TIMES AT THIS TIME BASED ON MY PROBABLE CAUSE, I ADVISED EORGAN HE WAS UNDER ARREST FOR OPERATING A VESSEL WHILE IMPAIRED. EORGAN WAS HANDCUFFED, (DOUBLE LOCKED), AND PLACED ON BOARD MY PATROL VESSEL. THE DEFENDANT WAS TRANSPORTED BY ME TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY WAS READ HIS IMPLIED CONSENT BY JAIL CORRECTION OFFICER SIBILIA THAT REQUESTED HE SUBMIT TO AN APPROVED TEST OF HIS BREATH TO DETERMINE HIS BREATH ALCOHOL CONTENT. THE DEFENDANT REFUSED TO SUBMIT TO THE TEST AND INVOKED HIS MIRANDA RIGHTS. EORGAN WAS ISSUED MISDEMEANOR CITATION V353975 FOR OPERATING A VESSEL WHILE NORMAL FACULTIES IMPAIRED IN VIOLATION OF F.S. 327.35(1)(A), WITH A COURT DATE OF 10/8/2015 @ 1:00 P.M., AND CITATION V353976 FOR MANATEE SPEED ZONE VIOLATION. |
