| Probable cause affidavit: |
SUBMITTED BY: WILLIAMS, ROBERT 0714 (AR2259) THE DEFENDANT, MR JASON THOMAS FOSTER, DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: THE DEFENDANT VERBALLY THREATENED THE VICTIM THAT HE WOULD SHOOT HIM IN THE HEAD, WHILE PARTIALLY DISPLAYING A FIREARM IN HIS POCKET, WITH THE INTENT TO KILL, 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 784.021(1)(B). \tTHE DEFENDANT, MR JASON THOMAS FOSTER, did then and there unlawfully carry a concealed weapon or electric weapon or device on or about HIS PERSON, to-wit: THE DEFENDANT CARRIED A SPRINGFIELD XD FIREARM IN A BAR ENVIRONMENT (COACHâS PUB AND EATERY), in violation of Florida Statute 790.01(1). THE DEFENDANT, MR JASON THOMAS FOSTER, 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. ON 080512 AT APPROXIMATELY 2145 HOURS, I WAS DISPATCHED TO COACHâS PUB AND EATERY, LOCATED AT 114 WEST MAIN STREET IN INVERNESS, IN REFERENCE TO A SUSPICIOUS PERSON. UPON MY ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR CHRISTOPHER SMITH, WHO ADVISED THAT AN UNKNOWN SUSPECT HAD JUST THREATENED TO SHOOT HIM. MR SMITH ADVISED THAT A WHITE MALE, WEARING A WHITE COLORED SHIRT AND DARK PANTS, ALONG WITH EARRINGS IN BOTH EARS, HAD APPROACHED HIM WHILE HE WAS ON THE SIDEWALK NEAR COACHâS PUB, AND ASKED HIM IF HE WANTED TO HANG OUT. THE VICTIM ADVISED THAT HE COULD TELL THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, WAS VERY INTOXICATED, AND HE TOLD THE DEFENDANT THAT HE WAS NOT INTERESTED IN DOING SO, AND ASKED HIM TO LEAVE HIM ALONE. THE VICTIM ADVISED THAT THE DEFENDANT THEN GOT UPSET, AND TOLD THE VICTIM THAT HE WOULD SHOOT HIM IN THE HEAD. THE VICTIM AGAIN ASKED THE DEFENDANT TO LEAVE HIM ALONE. THE VICTIM STATED THAT AT THIS POINT, THE DEFENDANT REACHED IN HIS POCKET, TURNING ON A GREEN LASER. THE VICTIM STATED THAT THE DEFENDANT TOLD HIM THAT THE LASER WAS ATTACHED TO A FIREARM, AS AN AIM ASSIST. THE VICTIM STATED THAT AT THIS POINT, IN FEAR FOR HIS LIFE, HE LEFT AND WENT TO HIS VEHICLE, WHERE HE HAD A FIREARM INSIDE. THE VICTIM DID PROVIDE THIS DEPUTY WITH A SWORN WRITTEN STATEMENT, WHICH WAS COLLECTED AND LATER TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE RECORDS DIVISION. I THEN MADE CONTACT WITH COACHâS BARTENDER, WITNESS, MS MEGAN JEAN DUPACK, WHO ADVISED THAT SHE HAD SEEN THE DEFENDANT ENTER THE PUB AREA EARLIER THAT EVENING. THE WITNESS ADVISED THAT SHE HAD SERVED HIM TWO BEERS. SHE FURTHER ADVISED THAT SHE SAW THE DEFENDANT TO BE âBUGGINGâ OTHER PATRONS AT THE BAR, AND SHE ASKED HIM TO STOP. SHE FURTHER ADVISED SHE SAW THE DEFENDANT TO APPROACH TWO OTHER PATRONS WHO HAD JUST ENTERED THE BAR, MR ROBERT WILLIAM BURLEW, AND MR BRAD JOSEPH BENNETT, AND BEGIN TO HARASS THESE TWO PATRONS. SHE AVDISED THAT SHE THEN YELLED FOR THE DEFENDANT TO COME OVER TO THE OTHER SIDE OF THE BAR, WHICH HE DID. THE DEFENDANT THEN RETRIEVED FROM HIS POCKET A FIREARM WITH A GREEN LASER ATTACHED. THE WITNESS ADVISED THAT THE DEFENDANT TURNED ON THE LASER TO SHOW HER. SHE ADVISED THAT THE FIREARM WAS BLACK IN COLOR AND RESEMBLED WHAT SHE BELIEVED TO BE A GLOCK. AS HE WAS SHOWING HER THE FIREARM, HE STATED, âTHEY DONâT KNOW WHO THEY ARE MESSING WITH.â AT THAT TIME, THE WITNESS THEN ASKED THE DEFENDANT TO LEAVE THE BAR, AND HE DID SO. HOWEVER, THE DEFENDANT LEFT BEHIND HIS CREDIT CARD, WHICH BORE A PHOTOGRAPH OF HIM ON IT AS WELL. A SWORN WRITTEN STATEMENT WAS COMPLETED BY THE WITNESS, WHICH WILL LATER BE TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE RECORDS DIVISION. AT THAT TIME, I SHOWED THE DEFENDANTâS CREDIT CARD PHOTOGRAPH TO THE VICTIM, AND HE ADVISED THAT HE DID RECOGNIZE THE DEFENDANT AS BEING THE SUBJECT WHO HAD THREATENED TO SHOOT HIM. THE CARD WAS COLLECTED BY THIS DEPUTY, AND WILL LATER BE TURNED INTO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE LOCKER. I THEN MADE CONTACT WITH WITNESSES MR BURLEW AND MR BENNET, WHO BOTH ADVISED THAT UPON ENTERING THE BAR, THE DEFENDANT BEGAN ASKING IF THEY WERE GAY. BOTH WITNESSES ADVISED ME THAT THE DEFENDANT DID THREATEN TO SHOOT THEM BUT NEVER DISPLAYED A FIREARM, AND THAT THEY WERE NOT IN FEAR FOR THEIR LIVES. THESE WITNESSES BOTH COMPLETED SWORN WRITTEN STATEMENTS WHICH WERE LATER TURNED INTO RECORDS. I THEN MADE CONTACT WITH WITNESS, MS SAVANNAH BURNS, WHO ADVISED THAT SHE AND HER HUSBAND, MR JOHN BURNS, HAD BEEN SITTING AT THE BAR, WHEN THE DEFENDANT MADE CONTACT WITH HER. THE DEFENDANT TOLD THE WITNESS THAT HE WAS DEPRESSED AND, âDRUNK AS FUCK.â SHE ADVISED THAT SHE THEN OBSERVED MR BURLEW AND MR BENNETT AS THEY WENT TOWARDS THE BAR. SHE THEN OBSERVED THE DEFENDANT GO OVER AND BEGIN TO HARASS THE TWO MEN. SHE ADVISED THAT AFTER THE TWO MEN ASKED THE DEFENDANT TO LEAVE THEM ALONE, SHE HEARD HIM TELL BOTH MR BENNETT AND MR BURLEW THAT HE WOULD KILL THEM. MS BURNS DID COMPLETE A SWORN WRITTEN STATEMENT, WHICH WAS COLLECTED AND LATER TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. I WAS THEN ADVISED BY DEPUTY SCHAFFER (0652), THAT HE CURRENTLY HAD THE DEFENDANT DETAINED ON A TRAFFIC STOP IN THE AREA OF EAST GOSPEL ISLAND ROAD AND MONICA COURT. A VICTIMâS RIGHTS PAMPHLET WAS PROVIDED TO MR SMITH, AND HE WAS ADVISED TO CONTACT THE CITRUS COUNTY SHERIFF'S OFFICE SHOULD HE HAVE FURTHER QUESTIONS OR INFORMATION. I THEN LEFT THE BUSINESS OF COACHâS, AND RESPONDED TO THE SCENE OF THE TRAFFIC STOP. I MADE CONTACT WITH DEPUTIES SCHAFFER (0652), WILSON (0707)AND CREEL (0661). DEPUTY SCHAFFER ADVISED THAT HE HAD OBSERVED THE DEFENDANT TO BE DRIVING ERRATICALLY, AND WAS NOT WEARING HIS SEAT BELT EITHER. DEPUTY SCHAFFER WAS AWARE THAT THE DEFENDANT WAS A SUSPECT IN THIS CASE, BEFORE INITIATING THE TRAFFIC STOP. DEPUTY SCHAFFER FURTHER ADVISED THAT THE DEFENDANT HAD AGREED FOR THE ON SCENE DEPUTIES TO SEARCH HIS VEHICLE, AND THAT A PERMISSION TO SEARCH FORM HAD BEEN COMPLETED AND SIGNED BY THE DEFENDANT. DEPUTY SCHAFFER ADVISED MYSELF THAT WHILE SEARCHING THE DEFENDANTâS VEHICLE, HE DID LOCATE A SPRINGFIELD XD PISTOL, WHICH WAS BLACK IN COLOR, WITH AN ATTACHED GREEN LASER AIM ASSISTANCE DEVICE. I THEN MADE CONTACT WITH THE DEFENDANT, AND READ HIM HIS MIRANDA WARNING VIA A PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE DID UNDERSTAND HIS RIGHTS, AND WISHED TO SPEAK WITH ME AT THIS TIME. THE DEFENDANT STATED THAT HE HAD BEEN AT COACHâS EARLIER THAT EVENING, AND HAD HAD A FEW DRINKS THERE. THE DEFENDANT FURTHER ADVISED THAT HE DID HAVE A CONCEALED WEAPONS PERMIT, AND THAT HE HAD BEEN CARRYING THE FIREARM IN HIS POCKET WHILE INSIDE OF COACHâS. THE DEFENDANT STATED THAT AT NO POINT HAD HE THREATENED TO SHOOT ANYONE, OR DISPLAYED HIS FIREARM. I ASKED IF HE PERSONALLY KNEW MS DUPACK, OTHER THAN SEEING HER AT THE BAR THIS EVENING; TO WHICH HE ADVISED THAT HE DID NOT, AND THAT TONIGHT HAD BEEN THE FIRST TIME HE HAD EVER SEEN MS DUPACK., HE FURTHER STATED THAT THE ONLY TIME HE HAD SEEN HER THIS EVENING, WAS WHILE SHE WAS SERVING HIM ALCOHOL AT THE BAR. WHEN ASKED HOW MS DUPACK WOULD HAVE BEEN ABLE TO DESCRIBE HIS FIREARM ACCURATELY, HIS RESPONSE WAS, ââI DONâT KNOW.â WHILE SPEAKING WITH THE DEFENDANT, I DID SMELL A STRONG ODOR OF ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AND PERSON. I ALSO NOTIFIED THAT THE DEFENDANTâ SPEECH WAS SLIGHTLY SLURRED, AND THAT HIS FACE WAS FLUSHED. AT THAT TIME, I COMPLETED MY INVESTIGATION IN REFERENCE TO THE ASSAULT AT COACHâS PUB, AND ADVISED THE DEFENDANT THAT I WOULD BE CONDUCTING A DUI INVESTIGATION. THE DEFENDANT IMMEDIATELY ADVISED MYSELF THAT HE WOULD NOT COMPLETE ANY FIELD SOBRIETY TESTING. AT THAT TIME, I PLACED THE DEFENDANT UNDER ARREST. HE WAS HANDCUFFED, DOUBLE LOCKED, BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. ONCE AT THE DETENTION FACILITY, CORRECTIONAL OFFICER WHITNEY ADVISED THIS DEPUTY THAT THE DEFENDANT HAD REFUSED TO PROVIDE A SAMPLE OF HIS BREATH AND WOULD NOT COOPERATE WITH ANY OF THE SOBRIETY EXERCISES. A REFUSAL TO COMPLETE A BREATH, URINE OR BLOOD TEST FORM WAS COMPLETED, AND A COPY WILL LATER BE TURNED INTO RECORDS. ALSO, WHILE AT THE CITRUS COUNTY DETENTION FACILITY , CORRECTIONAL OFFICER DâADDARIO ADVISED ME THAT UPON FIRST MAKING CONTACT WITH THE DEFENDANT, SHE ADVISED HIM THAT HE WOULD BE REQUESTED TO SUBMIT A SAMPLE OF HIS BREATH, HE RESPONDED WITH, âIâM NOT HERE FOR A DUI, IâM HERE BECAUSE I POINTED A GUN AT SOMEBODY.â CORRECTIONAL OFFICER DâADDARIO ADVISED THAT AT NO POINT HAD THE DEFENDANT STATED THAT WAS WHAT HE WAS BEING CHARGED WITH. CORRECTIONAL OFFICER DâADDARIO DID PROVIDE A SWORN WRITTEN STATEMENT, WHICH WAS COLLECTED AND WILL BE LATER TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. THE DEFENDANT WAS ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION BEARING NUMBER 4594XDX6, WITH A MANDATORY COURT DATE OF 082312 AT 1300 HOURS. THE DEFENDANTâS BOND WAS SET AT $8,500.00, PER THE BOND SCHEDULE. |
