Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR08105932) 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) AND did, knowing HIS driver's 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 Statute 322.34(2) AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE CORPORAL BONURA, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: CONDUCTING AN INVESTIGATION, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 102508 AT APPROXIMATELY 0645 HOURS, I WAS DISPATCHED TO THE AREA OF TENNYSON POINT, IN REFERENCE TO PROVIDING BACKUP FOR DEPUTY B LAMBERT ON AN UNRELATED INCIDENT. WHILE EN ROUTE, AS I APPROACHED LONGFELLOW STREET OFF OF U S HIGHWAY 19, I OBSERVED A TAN CHEVROLET S-10 LOCATED AT THE STOP SIGN. AS I APPROACHED TO MAKE A RIGHT HAND TURN ONTO LONGFELLOW STREET, I OBSERVED A WHITE MALE, NOT WEARING A SHIRT AND SWEATING PROFUSELY. I THOUGHT THIS TO BE ODD DUE TO THE TEMPERATURE BEING REASONABLY COOL. THE DEFENDANT APPEARED TO BE SICK. AT THAT TIME, DEPUTY LAMBERT HAD ADVISED DISPATCH TO CANCEL ME. I THEN TURNED MY PATROL VEHICLE AROUND IN AN ATTEMPT TO CHECK ON THE DEFENDANT. BY THE TIME I TURNED MY PATROL VEHICLE AROUND, I OBSERVED THE DEFENDANT'S VEHICLE APPEARED TO BE TRAVELING FAST, WEST DOWN KINGSTON DRIVE. THE DEFENDANT THEN HIT HIS BRAKES AND MADE A LEFT HAND TURN. I WAS UNABLE TO DETERMINE IF THE DEFENDANT HAD TURNED INTO A DRIVEWAY OR TURNED DOWN A STREET. AT THAT TIME, I BOLO'D DOWN KINGSTON DRIVE WHERE I OBSERVED THE TAN PICKUP TRUCK TO BE IN THE FRONT YARD OF 2277 SOUTH DANA POINT. I THOUGHT THIS TO BE RATHER ODD, DUE TO THIS NOT BEING A PARTICULAR PLACE TO PARK A VEHICLE. AT THAT TIME, I OBSERVED THE DEFENDANT JUMP OUT OF THE PICKUP TRUCK AND RUN TO THE BACK SIDE OF IT. I THEN TURNED ON MY SPOT LIGHT AND EXITED MY PATROL VEHICLE. IT SHOULD BE NOTED THAT OF MY EMERGENCY LIGHTS WERE IN USE. AS I EXITED MY PATROL VEHICLE, AND FEELING THAT THIS WAS A POSSIBLE DANGEROUS SITUATION, DUE TO THE DEFENDANT'S ACTIONS, I HAD UN-HOLSTERED MY DEPARTMENT ISSUED WEAPON. RIGHT AT THAT TIME, THE DEFENDANT, OF HIS OWN FREE WILL, CAME OUT FROM BEHIND THE PICKUP TRUCK WITH BOTH HANDS IN THE AIR. I OBSERVED THE DEFENDANT TO NOT HAVE A SHIRT ON, NOR DID HE HAVE ANY SHOES ON AND WAS STILL SWEATING PROFUSELY. THE DEFENDANT WAS ALSO VERY FILTHY AND his PANTS WERE UNSNAPPED AND UNBUTTONED. AS HE APPROACHED MYSELF, HE CONTINUED TO HAVE HIS HANDS IN THE AIR. I THEN ASKED THE DEFENDANT WHAT WAS GOING ON. THE DEFENDANT ADVISED THAT HE WAS TIRED OF THE, "FUCKING COPS" CHASING HIM. I ASKED the DEFENDANT WHY THE COPS WERE CHASING HIM AND HE ADVISED HE DID NOT HAVE A "FUCKING" DRIVER'S LICENSE. BASED ON MY TRAINING AND EXPERIENCE AND DUE TO THE DEFENDANT'S ACTIONS AND MANNERISMS, I DETERMINED THAT HE WAS UNDER some TYPE OF NARCOTIC. HIS ACTIONS THAT HE WAS EXHIBITING WERE THE ACTIONS NORMALLY CAUSED BY METHAMPHETAMINES. AT THAT TIME, I THEN ADVISED DISPATCH I would NEED ANOTHER UNIT FOR BACKUP. THEY THEN DISPATCHED DEPUTY B LAMBERT TO MY LOCATION. DUE TO the DEFENDANT'S ACTIONS, I ASKED HIM TO PLACE BOTH HIS HANDS ON THE HOOD OF MY PATROL VEHICLE. AT THAT TIME, I ADVISED THE DEFENDANT THAT BASED ON the INFORMATION HE HAD PROVIDED ME AND THE WAY HE WAS ACTING, I WAS going TO DETAIN HIM TO VERIFY HIS INFORMATION. AS I GOT CLOSER TO THE DEFENDANT, I ASKED HIM IF HE WAS GOING TO COOPERATE, TO WHICH THE DEFENDANT REPLIED HE WAS. AS SOON AS I ATTEMPTED TO PLACE THE DEFENDANT'S HANDS BEHIND HIS BACK, HE THEN SPUN OUT OF MY GRASP AND BEGAN RUNNING EAST DOWN KINGSTON DRIVE. I THEN ADVISED DISPATCH THAT I WAS IN A FOOT PURSUIT. the DEFENDANT THEN REACHED the CANAL ON THE NORTH SIDE OF KINGSTON DRIVE AND JUMPED IN IT. I THEN FOLLOWED THE DEFENDANT FOR APPROXIMATELY THREE HUNDRED YARDS INTO A HEAVILY WOODED AREA WHERE I THEN LOST SIGHT OF HIM. AT that TIME, SERGEANT GLAZE, DEPUTY WEST, DEPUTY FARMER, DEPUTY BOUFFARD and DEPUTY LYNN TABB ARRIVED ON SCENE AND SET UP A PERIMETER. CANINE DEPUTY RITLI WAS ALSO CALLED OUT, ALONG WITH THE AIR UNIT, HOWEVER, this MET WITH NEGATIVE RESULTS. AT THAT TIME, WE HAD CLEARED the PERIMETER. I THEN RESPONDED BACK TO THE INCIDENT LOCATION. DEPUTY LAMBERT INFORMED ME THAT LOCATED ON THE FRONT SEAT BY THE GEAR SHIFTER, WAS A 30/30 RIFLE AND THAT THERE WAS A COPPER WIRE SPOOL AND COPPER WIRE IN the BED OF THE PICKUP TRUCK. ALSO DEPUTY LAMBERT INFORMED ME HE HAD discovered A BAGGIE OF METHAMPHETAMINE AT THE FRONT DRIVER'S SIDE TIRE OF MY PATROL VEHICLE. IT SHOULD BE NOTED THIS WAS EXACTLY WHERE THE INCIDENT STARTED FROM. AT THAT TIME, MYSELF AND DEPUTY LAMBERT TESTED THE SUBSTANCE, WHICH TESTED POSITIVE FOR METHAMPHETAMINES. I WAS THEN ABLE TO RUN THE TAG TO THE PICKUP TRUCK, WHICH REVEALED IT TO BE TO A TRAILER TAG. I THEN MADE CONTACT WITH THE OWNER OF THE TAG, WHO ADVISED THAT SHE HAD PURCHASED THAT TAG AND GAVE IT TO THE DEFENDANT'S FATHER, WHO LIVED ON 1541 SOUTH LOOKOUT POINT IN HOMOSASSA. THIS WAS NOT FAR FROM the INCIDENT LOCATION. AT that TIME, DEPUTY LAMBERT PROCESSED THE VEHICLE, SEE CRIME SCENE TECHNICIAN REPORT. I THEN CONTACTED DISPATCH AND ADVISED THEM I would NEED A TOW TRUCK. A SHORT TIME THEREAFTER, ALL PRESTIGE ARRIVED ON SCENE and TOOK POSSESSION OF THE VEHICLE. DEPUTY LAMBERT TOOK THE RIFLE AND THE COPPER WIRE IN TO HIS POSSESSION AND THE LITTLE BAGGIE OF METHAMPHETAMINES. I THEN TURNED OVER THE KEYS TO THE VEHICLE OVER TO ALL PRESTIGE AND CLEARED THE SCENE. WE THEN RESPONDED OVER TO LOOKOUT POINT, WHERE WE MADE CONTACT WITH THE DEFENDANT'S FATHER. WE INFORMED THE DEFENDANTS' FATHER OF WHAT HAD TRANSPIRED ON 102508. HE ADVISED HE WANTED TO FULLY COOPERATE with US. THE DEFENDANT'S FATHER THEN ALLOWED US IN TO THE RESIDENCE TO LOOK FOR THE DEFENDANT. WHILE INSIDE THE RESIDENCE LOOKING FOR THE DEFENDANT WE THEN LOCATED A ROOM IN THE CENTER OF THE MOBILE HOME OFF OF A NARROW HALLWAY, WHICH CONTAINED TWO MARIJUANA PLANTS BEING GROWN IN THIS ROOM. ONE WAS APPROXIMATELY A FOOT IN HEIGHT AND THE OTHER WAS APPROXIMATELY TWO TO THREE FEET IN HEIGHT. AT THAT TIME THE REST OF THE INTERIOR OF THE MOBILE HOME WAS SEARCHED BUT MET with NEGATIVE RESULTS FOR LOCATING THE DEFENDANT. WE THEN SPOKE TO THE DEFENDANT'S FATHER IN REGARDS TO THE MARIJUANA PLANTS LOCATED IN HIS RESIDENCE. WE INFORMED HIM THAT WE would BE TAKING POSSESSION OF THEM AND REFERRING THIS INCIDENT TO THE STATE ATTORNEY'S OFFICE. AT THAT TIME, THE OWNER OF THE TAG ARRIVED ON SCENE AND INFORMED US THE NAME AND IDENTITY OF THE DEFENDANT. I THEN LOOKED AT THE DEFENDANT'S PHOTOGRAPH AND CONFIRMED THIS TO BE HIM. THE SCENE WAS PROCESSED BY DEPUTY LAMBERT. ONCE IT WAS COMPLETED ALL UNITS HAD CLEARED THE AREA. AT APPROXIMATELY 1201 HOURS, DISPATCH INFORMED US THAT A HARLEY DAVIDSON EMPLOYEE HAD SEEN THE DEFENDANT RUNNING DOWN VETERANS DRIVE. ALL UNITS THAT WERE ON THE ORIGINAL SCENE THEN RESPONDED BACK OVER TO VETERANS DRIVE. ONCE ON SCENE THERE, WE RECEIVED ANOTHER TELEPHONE CALL THAT THE EMPLOYEES OF HOMOSASSA MARINE HAD JUST SEEN THE DEFENDANT LOW CRAWLING THE WOODS BY THEIR PROPERTY. AT THAT TIME, DEPUTY LAMBERT RESPONDED TO HOMOSASSA MARINE. WHILE HE WAS THERE TALKING TO THEM, HE OBSERVED the DEFENDANT RUNNING WEST FROM THAT LOCATION. HE AND DEPUTY PERUCHE THEN GAVE CHASE ACROSS U S HIGHWAY 19, CUTTING THROUGH A FIELD, WHERE THEY WERE ABLE TO APPREHEND THE DEFENDANT. I THEN RESPONDED TO THE AREA. ONCE ON SCENE, I READ THE DEFENDANT HIS MIRANDA WARNINGS AND ASKED HIM IF HE UNDERSTOOD HIS RIGHTS. THE DEFENDANT STATED HE DID. I ASKED HIM IF HE WANTED TO SPEAK with ME AND HE ADVISED HE WOULD. AT that TIME, I INFORMED THE DEFENDANT THAT I would THEN SPEAK TO HIM AT THE CITRUS COUNTY DETENTION FACILITY. the DEFENDANT WAS COMPLAINING OF A SHOULDER INJURY. AT THAT TIME, WE HAD EMERGENCY MEDICAL SERVICES RESPOND TO OUR LOCATION AND MEDIALLY CLEARED THE DEFENDANT. IT ALSO SHOULD BE NOTED THE DEFENDANT HAD AN EXISTING CUT ON HIS FOREARM THAT THE PARAMEDICS DID LOOK AT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE CITRUS COUNT DETENTION, THE TOW TRUCK COMPANY (ALL PRESTIGE) CONTACTED THIS AGENCY. THEY ADVISED THAT THE DEFENDANT HAD BROKEN INTO THE YARD AND TAKEN ITEMS OUT OF HIS VEHICLE SOMETIME THROUGHOUT THE DAY. ALL PRESTIGE DOES WANT TO PRESS CHARGES FOR TRESPASSING. THEY WERE ADVISED THAT THIS INCIDENT would BE LISTED INTO THIS ARREST AND REFERRED TO THE STATE ATTORNEY'S OFFICE. UPON ARRIVAL, AT THE CITRUS COUNTY FACILITY, I BEGAN SPEAKING WITH the DEFENDANT IN REGARDS TO THIS INCIDENT. THE DEFENDANT ADVISED THAT HE IS ADDICTED TO METHAMPHETAMINES AND HAD BEEN ON THEM FOR THE LAST TWO MONTHS. HE STATED HE HAD NOT EATEN OR SLEPT SINCE LAST FRIDAY. I ASKED WHAT HAD TRANSPIRED IN the EARLY MORNING HOURS ON 102508. THE DEFENDANT ADVISED HE HAD BEEN DRIVING AROUND AND HAD BEGUN STEALING COPPER WIRE. HE ADVISED HE HAD TAKEN COPPER WIRE FROM the CAR DEALERSHIP OFF OF 490 AND HE HAD DROVE OVER TO GROVER CLEVELAND BOULEVARD WHERE HE WENT BEHIND SUN COAST ELECTRIC and HAD STOLEN A SPOOL OF COPPER WIRE. i made contact with deputy lambert, who responded to sun coast ELECTRIC and made contact with the owner. the owner verified a spool of copper wire had been stolen and it was valued at $150.00 HE ADVISED WHEN HE SAW ME ON U S HIGHWAY 19 AND LONGFELLOW STREET, HE WAS TRYING TO AVOID ME AND WENT DOWN KINGSTON DRIVE TO GET AWAY. THE DEFENDANT DID FILL OUT A SWORN WRITTEN STATEMENT CONFESSING TO EVERYTHING, WHICH WILL BE TURNED IN TO RECORDS LATER ON 102508. I THEN CONFIRMED THROUGH NCIC/FCIC THAT THE DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED. I FILLED OUT A FLORIDA UNIFORM TRAFFIC CITATION (0068-EVY) FOR KNOWINGLY DRIVING ON A SUSPENDED DRIVER'S LICENSE WITH A MANDATORY COURT DATE OF 111308 AT 1300 HOURS. I THEN CHARGED THE DEFENDANT WITH POSSESSION OF A CONTROLLED SUBSTANCE, DRIVING WHILE LICENSE SUSPENDED/REVOKED AND TWO COUNTS OF RESISTING ARREST WITH A BOND OF $3,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |