| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR15-14817) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: REFUSED TO LEAVE THE BELLA OASIS MOTEL AFTER GIVEN WARNING, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.08(1). did knowingly, actually and intentionally touch or strike DEPUTY VICK, a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2)(B) (TWO COUNTS). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY VICK, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: PHYSICALLY FOUGHT WHILE BEING PLACED UNDER ARREST WITH VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01 (TWO COUNTS). DID KNOWINGLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE CORRECTIONS OFFICER FARRELL (VICTIM) FROM THE CITRUS COUNTY DETENTION FACILITY, TO WIT: STRUCK OFFICER FARRELL, AGAINST THE WILL OF THE PERSON WHILE KNOWING THAT THE SAID CORRECTION'S OFFICER WAS ENGAGED IN THE LAWFUL PERFORMANCE OF HIS LEGAL DUTIES, IN VIOLATION OF FLORIDA STATE STATUTE 784.075. ON 050215, AT APPROXIMATELY 0340 HOURS, I WAS DISPATCHED TO A TRESPASS AT THE BELLA OASIS HOTEL. UPON MY ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR JASON JOLLIFFE, WHO IS THE MANAGER OF THE HOTEL. HE ADVISED THAT THERE WAS AN INTOXICATED GUEST IN ROOM 204 WHO HAD BEEN CAUSING A DISTURBANCE THROUGHOUT THE EVENING. THE COMPLAINANT STATED THAT HE ASKED THE GUEST, LATER IDENTIFIED AS THE DEFENDANT, MR JASON FOGARTY, TO QUIET DOWN AND GO TO SLEEP. THE COMPLAINANT STATED THAT THE DEFENDANT CURSED AT HIM AND REFUSED TO LEAVE THE HOTEL. I THEN RESPONDED TO ROOM 204, WHERE I MADE CONTACT WITH THE DEFENDANT AND HE PROVIDED ME WITH HIS OHIO DRIVER'S LICENSE. WHILE SPEAKING WITH THE DEFENDANT, THERE WAS A STRONG ODOR OF ALCOHOL ON HIS BREATH AND HIS EYES WERE GLASSY AND BLOODSHOT, CONSISTENT WITH SOMEONE WHO IS INTOXICATED. I EXPLAINED TO HIM THAT HE WAS CAUSING A DISTURBANCE AND NEEDED TO LEAVE THE HOTEL. THE DEFENDANT WAS ARGUMENTATIVE. I GAVE HIM SEVERAL OPPORTUNITIES TO LEAVE AND PROVIDED HIM WITH OTHER LOCATIONS THAT HE COULD STAY FOR THE EVENING. THE DEFENDANT WAS TOLD SEVERAL TIMES THAT IF HE DID NOT LEAVE HE WOULD BE PLACED UNDER ARREST FOR TRESPASS AFTER WARNING. WHILE SPEAKING WITH THE DEFENDANT, HE WAS INSIDE HIS MOTEL ROOM AND I WAS STANDING IN THE DOORWAY. THE DEFENDANT STATED THAT HE WAS NOT LEAVING AND SLAMMED THE DOOR, STRIKING ME ON THE ARM AND ON MY LEFT FOOT. THE DEFENDANT CONTINUED PUSHING ON THE DOOR ATTEMPTING TO CLOSE IT WHILE I WAS IN THE DOORWAY. I GAVE HIM SEVERAL COMMANDS TO STOP RESISTING. I THEN UTILIZED MY ââOC'â SPRAY AND SPRAYED THE DEFENDANT, AT WHICH TIME HE CONTINUED TO PUSH THE DOOR ON ME. DEPUTY RODRIGUEZ ARRIVED ON SCENE AND ASSISTED IN FORCING THE DOOR OPEN. ONCE THE DOOR WAS PUSHED OPEN, THE DEFENDANT COMPLIED WITH COMMANDS AND WAS PLACED IN HANDCUFFS. EMS (EMERGENCY MEDICAL SERVICES) RESPONDED TO THE SCENE; HOWEVER, THE DEFENDANT REFUSED TREATMENT. I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL IN THE SALLY PORT, I REMOVED THE DEFENDANTâS LEFT HANDCUFF. UPON HIS HAND BEING REMOVED FROM THE RESTRAINT, THE DEFENDANT TURNED AND STRUCK ME WITH HIS LEFT ELBOW AND BEGAN PHYSICALLY FIGHTING WITH CORRECTIONS OFFICER FARRELL AND THIS DEPUTY. WHILE ATTEMPTING TO RESTRAIN THE DEFENDANT, HE FLAILED HIS ARMS AND ELBOWS, INTENTIONALLY STRIKING OFFICER FARRELL AND ME. I RECEIVED A SMALL CUT ON MY LEFT HAND CAUSED BY THE DEFENDANT SWINGING THE OPEN HANDCUFF AT ME. I STRUCK THE DEFENDANT SEVERAL TIMES IN THE UPPER TORSO AND UTILIZED KNEE SPIKES TO HIS TORSO AS WELL, IN AN ATTEMPT TO GAIN COMPLIANCE. OTHER CORRECTIONAL FACILITY STAFF RESPONDED AND THE DEFENDANT WAS PLACED BACK IN HANDCUFFS AND PLACED IN A CELL BY THE DETENTION STAFF. THE DEFENDANT DID RESIST A LAWFUL ARREST WITH VIOLENCE BY INTENTIONALLY STRIKING ME WITH THE DOOR AND DID RESIST WITH VIOLENCE BY STRIKING ME WHILE I ATTEMPTED TO TURN HIM OVER TO DETENTION FACILITY STAFF, ALONG WITH INTENTIONALLY STRIKING A CORRECTIONAL GUARD. THEREFORE, THE DEFENDANT WAS CHARGED WITH TWO COUNTS OF RESISTING ARREST WITH VIOLENCE, WITH A BOND OF $10,000.00, TWO COUNTS OF BATTERY ON A LAW ENFORCEMENT OFFICER WITH A BOND OF $10,000.00, ONE COUNT OF BATTERY ON A CORRECTIONAL FACILITY OFFICER WITH A BOND OF $2,000.00 AND ONE COUNT OF TRESPASS AFTER WARNING WITH A BOND OF $500.00, FOR A TOTAL BOND AMOUNT OF $22,500.00, PER THE BOND SCHEDULE. DETECTIVE MCINTYRE WAS NOTIFIED OF THE USES OF FORCE. |
