| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (AR15-13689) 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, WITH FLAGRANT DISREGARD FOR PUBLIC SAFETY, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(3)(A). DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO A LAW ENFORCEMENT OFFICER, WHILE FULFILLING A LAWFUL DUTY, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: THE DEFENDANTâS VEHICLE, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.07(2)(C). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE RESIDENCE LOCATED AT 6818 HAYDEN STREET, IN INVERNESS, TO-WIT: DRIVING IN TO THEIR FENCE, WHICH DESTROYED IT, SAID DAMAGE BEING OF A VALUE OF $1,000.00 OR MORE, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(B)(3). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY POLLARD (0677), WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: RUNNING FROM AND IGNORING VERBAL COMMANDS TO STOP, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID, KNOWING HIS DRIVERâS 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 STATE STATUTE 322.34(2). DID KNOWINGLY ATTACH TO ANY MOTOR VEHICLE OR MOBILE HOME ANY REGISTRATION LICENSE PLATE, OR WHO KNOWINGLY ATTACHES ANY VALIDATION STICKER OR MOBILE HOME STICKER TO A REGISTRATION LICENSE PLATE, WHICH PLATE OR STICKER WAS NOT ISSUED AND ASSIGNED OR LAWFULLY TRANSFERRED TO SUCH VEHICLE, IS IN VIOLATION OF FLORIDA STATE STATUTE 320.261. DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, MS WILIMINA BLACKWELL, TO WIT: STEALING HER VEHICLE LICENSE PLATE, SAID PROPERTY BEING OF A VALUE OF $100.00, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(2)(E). ON 012815, I RECEIVED INFORMATION FROM DEPUTY SCHAFFER ABOUT A VEHICLE PARKED AT 6550 EAST GLENCOE STREET, IN INVERNESS. ACCORDING TO DEPUTY SCHAFFER THE VEHICLE WAS A WHITE FORD RANGER WITH OHIO TAG #FLN-3514. DEPUTY SCHAFFER RAN THE TAG ON THAT VEHICLE AND ADVISED THIS DEPUTY THAT THE TAG WAS STOLEN OUT OF ORANGE COUNTY. DEPUTY SCHAFFER THEN HAD TELETYPE CONFIRM THAT THE TAG WAS INDEED STOLEN. AT THIS POINT IT WAS UNKNOWN IF THE VEHICLE THAT THE STOLEN TAG ATTACHED WAS A STOLEN VEHICLE DUE TO NOT HAVING ANY VEHICLE DESCRIPTION IN THE FCIC/NCIC RETURN. AFTER RECEIVING CONFIRMATION, I PARKED MY PATROL VEHICLE AT THE CORNER OF APOPKA AVENUE AND GLENCOE STREET IN THE INVERNESS HIGHLANDS. AT APPROXIMATELY 1705 HOURS, I WAS INFORMED BY DEPUTY SCHAFFER THE VEHICLE WAS LEAVING THE RESIDENCE. AT THIS TIME, I PULLED IN FRONT OF THE VEHICLE, BLOCKING THE ROADWAY AND INITIATED MY OVERHEAD LIGHTS. I STEPPED OUT OF MY VEHICLE AND POINTED TO THE DRIVER AND ORDERED HIM TO PLACE THE VEHICLE IN PARK AND KEEP HIS HANDS WHERE I COULD SEE THEM. THE DRIVER STOPPED THE VEHICLE AND LOOKED AT ME FOR A FEW SECONDS AND APPEARED AS IF HE WAS ABOUT TO COMPLY. AT THIS TIME, DEPUTY SCHAFFER WAS ATTEMPTING TO BLOCK THE ROADWAY BEHIND THE VEHICLE; HOWEVER, THE DEFENDANT PUT THE VEHICLE IN REVERSE AND THE DRIVER PLACED HIS HAND BACK ON THE STEERING WHEEL AND HE BEGAN LOOKING DOWN TO PLACE THE TRUCK IN REVERSE. AFTER PLACING THE VEHICLE IN REVERSE, HE REVERSED THE VEHICLE FROM THE INTERSECTION OF GLENCOE AND APOPKA STREET TO GLENCOE AND DEAN BEFORE DEPUTY SCHAFFER COULD BLOCK THE INTERSECTION. I RETURNED TO MY VEHICLE AND FOLLOWED HIM AS HE WAS DRIVING BACKWARDS. HE THE PLACED THE TRUCK IN DRIVE AND PROCEEDED NORTHBOUND DOWN DEAN STREET. I INITIATED MY SIREN AND BEGAN FOLLOWING THE DEFENDANT VEHICLE, AT WHICH TIME IT WAS CLEAR THE DEFENDANT WAS NOT GOING TO STOP. UPON REACHING THE STOP SIGN AT DEAN AND AMITY, THE DRIVER RAN THE STOP SIGN AND CONTINUED EAST ON AMITY STREET. AS THE DRIVER WAS APPROACHING HIGHLANDS AVENUE, SERGEANT MARSHALL WAS ATTEMPTING TO BLOCK THE INTERSECTION OF HIGHLANDS BOULEVARD AND AMITY IN AN ATTEMPT TO KEEP THE DRIVER FROM PROCEEDING FURTHER. IT APPEARED THAT WHEN THE DRIVER SAW SERGEANT MARSHALLâS MARKED VEHICLE WITH EMERGENCY LIGHTS ACTIVATED, THE DEFENDANT NOTICEABLY ACCELERATED IN AN ATTEMPT TO HIT SERGEANT MARSHALLâS VEHICLE. SERGEANT MARSHALL QUICKLY PULLED OUT OF THE WAY, NARROWLY AVOIDING A COLLISION, AND THE DEFENDANT RAN THE STOP SIGN AT AMITY STREET AND HIGHLANDS AVENUE AND CONTINUED EASTBOUND ON AMITY AND ROUNDED THE CURVE SOUTHBOUND ON TO OAKDALE STREET. AT THIS TIME, I WAS SEVERAL CAR LENGTHS BEHIND THE DRIVERâS VEHICLE AND FOLLOWED HIM DOWN OAKDALE TERRACE WHERE IT DEAD ENDED INTO GLENCOE STREET. THE DRIVER THEN RAN THE STOP SIGN AT THAT INTERSECTION ALSO AND PRECEDED EASTBOUND ON GLENCOE STREET. THE DRIVER STAYED ON GLENCOE UNTIL IT CURVED ONTO PLACID AVENUE AND CONTINUED SOUTHBOUND DOWN PLACID. RIGHT BEFORE PLACID TURNED INTO HAYDEN STREET, THE DRIVER CONTINUED STRAIGHT THROUGH A YARD AT 6818 HAYDEN STREET. THE DRIVER DROVE BY THE EASTSIDE OF THAT HOUSE AND THROUGH BUSHES AND A FIELD FENCE IN THE BACKYARD WHERE HIS VEHICLE GOT STUCK IN THE SAND. I WAS RIGHT BEHIND THE VEHICLE AT THIS TIME AND STOPPED MY VEHICLE APPROXIMATELY 20 YARDS BEHIND THE DEFENDANT VEHICLE. I THEN WITNESSED THE DRIVER GET OUT OF THE VEHICLE AND BEGIN RUNNING EASTBOUND. I THEN BEGAN A FOOT PURSUIT WITH THE DEFENDANT PARALLELING HIM THROUGH A WOODED AREA EAST OF THE RESIDENCE AT 6818. DURING THIS FOOT PURSUIT I ANNOUNCED MYSELF SEVERAL TIMES SHOUTING ââSHERIFFâS OFFICE, STOP RUNNING.ââ THE DRIVER THEN TURNED IN A SOUTHEAST DIRECTION, AT WHICH TIME I WAS ABLE TO CATCH UP TO THE DRIVER AND TASER HIM IN THE BACK. THE IMPACT FROM THE TASER INCAPACITATED THE DEFENDANT, AT WHICH TIME HIS BODY WENT LIMP AND HE FELL TO THE GROUND LANDING ON HIS FACE. I THEN ORDERED THE DRIVER TO PLACE HIS HANDS WHERE I COULD SEE THEM AND HELD THE DEFENDANT DOWN ON THE GROUND UNTIL BACKUP ARRIVED. ONCE DEPUTY SEFFERN JR AND DEPUTY SCHAFFER ARRIVED AT MY LOCATION, THEY PLACED THE DEFENDANT UNDER ARREST, HANDCUFFED THE DEFENDANT, AND SEARCHED HIM FOR WEAPONS AND CONTRABAND. UPON SEARCHING THE DEFENDANT, DEPUTY SCHAFFER FOUND A SMALL PLASTIC BAGGIE CONTAINING A CRYSTAL LIKE SUBSTANCE IN A MINI POCKET INSIDE OF THE DEFENDANTâS RIGHT FRONT POCKET. THE DEFENDANT WAS THEN WALKED OUT OF THE WOOD LINE AND ADVISED HIS NAME WAS JAMES LEDDY (DATE OF BIRTH 041380). WHILE WALKING OUT OF THE WOOD LINE, THE DEFENDANT UTTERED ââJUST RAN BECAUSE MY LICENSE WAS SUSPENDED.ââ THE SUBSTANCE THAT WAS FOUND IN HIS RIGHT POCKET WAS PRESUMPTIVE FIELD TESTED AND DID TEST POSITIVE FOR METHAMPHETAMINE. THE DEFENDANT WAS THE PLACED UNDER ARREST AND WAS READ HIS MIRANDA RIGHTS VIA A PREPRINTED CARD BY DETECTIVE STRICKLAND WHO BY THEN HAD ARRIVED ON SCENE. THE DEFENDANT STATED THAT THE VEHICLE WAS HIS AND WAS GIVEN TO HIM BY THE PREVIOUS OWNER BEFORE THE PREVIOUS OWNER PASSED AWAY. THE TAG THE ON THE VEHICLE THAT THE DEFENDANT WAS DRIVING WAS REPORTED STOLEN ON 010815 OUT OF ORANGE COUNTY, FLORIDA. WHILE SPEAKING TO ME, I COULD SMELL A STRONG ODOR OF ALCOHOL EMITTING FROM THE DEFENDANTâS BREATH AND HE APPEARED UNSTEADY ON HIS FEET. THE DEFENDANTâS EYES WERE GLASSY AND BLOODSHOT. THROUGH MY TRAINING AND EXPERIENCE, I BELIEVED THE DEFENDANT WAS DRIVING UNDER THE INFLUENCE OF BOTH ALCOHOL AND NARCOTICS. FIELD SOBRIETY TESTS WERE CONDUCTED AT THE CITRUS COUNTY JAIL WHERE THE DEFENDANT REFUSED SOBRIETY EXERCISES, BUT CONSENTED TO A TEST OF HIS BREATH. THE TEST OF THE DEFENDANTâS BREATH WITH THE INTOXILYZER 8000 RECEIVED A RESULT OF .026 AND .025. THE DEFENDANTâS NAME AND DATE OF BIRTH WERE RAN THROUGH FCIC/NCIC AND DAVID AND IT WAS LEARNED THAT HIS FLORIDA DRIVERâS LICENSE WAS SUSPENDED ON 122705. THE AREA WHERE THE PURSUIT ENDED WAS PHOTOGRAPHED BY DEPUTY PHILLIPS. IT WAS ESTIMATED THAT THE DAMAGE TO THE FENCE AT 6818 HAYDEN STREET THAT WAS CAUSED BY THE DEFENDANT RUNNING THROUGH IT WAS APPROXIMATELY $1,500.00. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET AT $22,500.00, PER THE BOND SCHEDULE. THE VEHICLE THE DEFENDANT WAS DRIVING WAS TOWED FROM THE SCENE BY SCALLYâS TOWING. THE STOLEN TAG THAT WAS ON THE VEHICLE, ALONG WITH THE METHAMPHETAMINE FOUND ON THE DEFENDANT, WERE BOTH PLACED IN TO EVIDENCE BY DEPUTY SEFFERN JR/623. THIS REPORT TYPED BY DEPUTY POLLARD 0677. |
