| Probable cause affidavit: |
SUBMITTED BY: REYNOLDS, CONNARY 1267 (AR14-9422) UNLAWFULLY ENDANGER THE SAFETY OF ANOTHER OR THEIR PROPERTY WHILE INTOXICATED OR DID WHILE INTOXICATED OR DRINKING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE CAUSE A PUBLIC DISTURBANCE, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 856.011. ON 031014 AT APPROXIMATELY 1231 HOURS, I RESPONDED TO THE HUNTER SPRINGS PARK LOCATED AT 104 NE 1ST AVENUE IN CRYSTAL RIVER, FLORIDA, IN REFERENCE TO A POSSIBLE PHYSICAL DISTURBANCE IN PROGRESS. SEE INCIDENT NUMBER 33704. UPON MY ARRIVAL, I WAS FLAGGED DOWN BY SEVERAL CITIZENS IN THE PARK, WHO POINTED AT A HEAVY SET WHITE MALE WEARING SHORTS, A SHIRT AND A HAT. THEY ADVISED THE SUBJECT HAD BEEN CAUSING A DISTURBANCE, YELLING, SCREAMING AND THREATENING THE VISITORS IN THE PARK. THE GROUP OF CITIZENS ALSO ADVISED THEY COULD SMELL THE ODOR OF AN ALCOHOLIC BEVERAGE ON THE SUBJECT AND BELIEVED THAT HE WAS INTOXICATED. I THEN APPROACHED THE SUBJECT, WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR JAMES FOUST. WHILE WALKING TOWARDS THE DEFENDANT, I OBSERVED HIM STAGGER AND NEARLY LOSE HIS FOOT PLACE. I OBSERVED THE DEFENDANT THEN ENTER THE MENâS BATHROOM, AT WHICH TIME I ADVISED HIM THAT I NEEDED TO SPEAK WITH HIM. SHORTLY AFTER, THE DEFENDANT STAGGERED OUT OF THE MENâS BATHROOM AND I SPOKE WITH HIM. WHEN ASKED WHY I WAS RECEIVING COMPLAINANTS OF HIM BEING DISORDERLY, YELLING, SCREAMING AND MAKING THREATS, THE DEFENDANT STATED, âWHAT THE FUCK DO YOU MEAN?â WHEN THE DEFENDANT SPOKE, I COULD SMELL THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS PERSON, AND OBSERVED HIM TO HAVE GLASSY, RED AND BLOODSHOT EYES, SLURRED SPEECH AND TO HAVE TROUBLE STANDING STRAIGHT UP. WHEN ASKED WHAT HE WAS DOING AT THE PARK, THE DEFENDANT ADVISED THAT HE WAS JUST VISITING AND AGAIN ASKED, âWHAT DO YOU MEANâ? SEVERAL TIMES. AT THAT TIME I ADVISED THE DEFENDANT THAT IS UNLAWFUL TO BE INTOXICATED IN A PUBLIC PLACE, AND TO DISRUPT THE PUBLIC MORALS AND THREATEN THE VISITORS AT THE PARK. THE DEFENDANT STATED THAT HE DID NOT DRINK ANYTHING. WHEN I TOLD HIM THAT I COULD SMELL THE ALCOHOL ON HIS PERSON, HE STATED, âI HAD ONE BEERâ. I ADVISED THE DEFENDANT THAT WHILE HE IS INTOXICATED AND DISORDERLY AT THIS TIME, HE WAS FREE TO WALK FROM THE PARK, BUT NOT TO RIDE HIS BICYCLE DUE TO HIS LEVEL OF INTOXICATION. I ADVISED THE DEFENDANT IF HE CONTINUED TO BE DISORDERLY OR TO THREATEN OTHERS, HE WOULD BE ARRESTED, AND THAT HE WAS BEING TRESPASSED FROM THE PARK. THE DEFENDANT THEN BEGAN TO WALK OUT OF THE PARK, HOWEVER, HE WAS STILL CURSING AND SCREAMING. THE DEFENDANT REPEATED SEVERAL TIMES, âI AM LEAVINGâ, AT WHICH TIME I ADVISED HIM ONE FINAL TIME TO LEAVE THE PARK AND HE EXITED THE PARK. I WAS ONCE AGAIN FLAGGED DOWN BY A DIFFERENT GROUP OF VISITORS WHO ADVISED THAT THE DEFENDANT HAD BEEN IN THE PARK FOR THE LAST SEVERAL DAYS. THEY STATED THAT EACH TIME HE IS THERE, THE DEFENDANT IS INTOXICATED, DISORDERLY, CURSES, SCREAMS AND THREATENS VISITORS. I ADVISED THE VISITORS THAT THE DEFENDANT WOULD BE TRESPASSED FROM THE PARK, AND TO CONTACT THIS AGENCY IF HE RETURNS TO THE PARK AND I LEFT THE PARK. UPON TURNING LEFT ONTO NE 1ST STREET NEAR THE INTERSECTION OF NE 3RD AVENUE, I WAS FLAGGED DOWN BY PEDESTRIANS WHO ADVISED THERE WAS A WHITE MALE MATCHING THE DESCRIPTION OF THE DEFENDANT RIDING HIS BICYCLE AND WEAVING UP AND DOWN THE ROAD WHILE CURSING, YELLING AND BEING DISORDERLY. THE PEDESTRIANS THEN PHYSICALLY POINTED OUT THE DEFENDANT, WHO I OBSERVED RIDING HIS BICYCLE WESTBOUND ON NE 3RD AVENUE. THE DEFENDANT WAS RIDING HIS BICYCLE IN THE MIDDLE OF THE ROAD AND WAS SWERVING. THE DEFENDANT THEN SWERVED IN FRONT OF A RED FOUR DOOR SEDAN ALMOST CAUSING A MOTOR VEHICLE ACCIDENT AND INJURING HIMSELF. IT SHOULD BE NOTED THAT TRAFFIC IN THIS AREA IF HEAVY, AND PEDESTRIANS ALSO FREQUENT THE AREA. I THEN POSITIONED MY MARKED PATROL VEHICLE BEHIND THE DEFENDANT. I ACTIVATED MY EMERGENCY EQUIPMENT TO CONDUCT A TRAFFIC STOP ON THE DEFENDANT, AT WHICH TIME HE TURNED HIS BICYCLE ONTO THE BICYCLE TRAIL AND IGNORED MY OVERHEAD LIGHTS. I THEN ACTIVATED MY SIREN, AT WHICH TIME THE DEFENDANT STOPPED HIS BICYCLE. I THEN ADVISED THE DEFENDANT TO STEP OFF OF HIS BICYCLE, AT WHICH TIME HE HAD TROUBLE DOING SO. THE DEFENDANT WAS STILL STAGGERING AND HAVING A HARD TIME MAINTAINING HIS BALANCE. I ADVISED THE DEFENDANT TO TURN AROUND AND PLACE HIS HANDS BEHIND HIS BACK, AND ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST FOR DISORDERLY INTOXICATION. THE DEFENDANT WAS THEN HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) SEARCHED AND SECURED IN THE REAR OF MY PATROL VEHICLE. I ASKED THE DEFENDANT WHAT HE WANTED TO DO WITH HIS BICYCLE, AT WHICH TIME HE WAS STILL CURSING AND SCREAMING AT THIS DEPUTY. WHEN HE FINALLY ANSWERED, HE STATED TO TAKE HIS WATCH, KEYS AND HIS WALLET AND TO LEAVE HIS BICYCLE ON CUTLER SPUR. I ADVISED THE DEFENDANT SEVERAL TIMES THAT I WOULD CONTACT SOMEONE TO PICK HIS BICYCLE UP IF HE WISHED, AT WHICH TIME HE SAID NO, AND TO LEAVE IT THERE AS HE CONTINUED TO CURSE AND SCREAM AT THIS DEPUTY. THE DEFENDANTâS BICYCLE WAS LEFT ON SCENE AT HIS REQUEST AND SECURED TO THE BEST OF MY ABILITY. THE DEFENDANTâS VALUABLES WERE TAKEN WITH HIS JACKET, AND LATER TURNED OVER TO DETENTION STAFF. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE, THE DEFENDANT CURSED AND SCREAMED THE ENTIRE WAY, AND MADE THREATS TO INCLUDE, âIâLL KILL YOUR FUCKING ASSâ. âIâLL KILL SOMEONE IN THE JAIL. âI HOPE YOUR MOTHER DIESâ. UPON ARRIVAL, I ADVISED DETENTION STAFF OF THE DEFENDANTâS INTOXICATED STATE AND HIS VIOLENT BEHAVIOR. THE DEFENDANTâS BOND WAS SET AT $150.00 PER THE BOND SCHEDULE. NO FURTHER ACTION BY THIS DEPUTY. |
