| Probable cause affidavit: |
SUBMITTED BY: MCCONNELL, AUSTIN 1403 (AR16-18725) DID KNOWINGLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE DEPUTY MCCONNELL, 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). DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). \tON 031916, I RESPONDED TO 4550 NORTH STETSON TERRACE IN HERNANDO, IN REFERENCE TO A SUSPICIOUS PERSON. \t \tUPON MY ARRIVAL AT THE INCIDENT LOCATION, I NOTICED A WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR JASON ROE, LEANING ON A NEIGHBOR'S FENCE AND SHAKING IT AGGRESSIVELY AS IF HE WAS TRYING TO TAKE DOWN THE FENCE. \t \tI APPROACHED THE DEFENDANT, WHERE I ANNOUNCED MYSELF AND EXPLAINED WHY I WAS THERE TALKING TO HIM. THE DEFENDANT SEEMED TO BE VERY OUT OF IT. WHEN QUESTIONED WHERE HE WAS, HE GAVE THE WRONG STREET ADDRESS. I ASKED THE DEFENDANT IF HE WAS INTOXICATED OR ON ANY TYPE OF NARCOTICS, WHICH HE ADVISED THAT HE WAS NOT AND HE MUST HAVE BEEN SLEEPWALKING. I ASKED THE DEFENDANT IF HE HAD ANY FORM OF IDENTIFICATION, WHICH HE STATED THAT HE DID NOT, HE ONLY HAD AN INMATE RELEASE IDENTIFICATION NUMBER, ALONG WITH A PICTURE. ONCE I POSITIVELY IDENTIFIED THE DEFENDANT, I ASKED THE DEFENDANT IF HE WAS STAYING ANYWHERE LOCALLY. THE DEFENDANT ADVISED THAT HE WAS STAYING WITH HIS GRANDMOTHER DOWN THE STREET FROM THE INCIDENT LOCATION. I MADE CONTACT VIA TELEPHONE WITH THE DEFENDANT'S GRANDMOTHER AND SHE ADVISED THAT SHE DID NOT KNOW WHERE THE DEFENDANT WENT OR WHY HE WAS OUT ROAMING THE STREETS. SHE ADVISED THAT SHE WOULD SEND THE DEFENDANT'S NEPHEW TO PICK HIM UP AND BRING HIM HOME. \t \tAFTER ENDING MY CONVERSATION WITH THE DEFENDANT'S GRANDMOTHER, I ASKED THE DEFENDANT AGAIN IF HE WAS ON ANY TYPE OF DRUGS OR ALCOHOL AND HE STATED THAT HE WAS NOT. I ASKED THE DEFENDANT FOR PERMISSION TO SEARCH HIS PERSON, WHICH HE ADVISED THAT I COULD. THE DEFENDANT SPONTANEOUSLY UTTERED THAT HE HAD MARIJUANA IN HIS RIGHT FRONT POCKET. UPON SEARCHING THE DEFENDANT'S RIGHT FRONT POCKET, I LOCATED A CLEAR PLASTIC BAGGIE CONTAINING MARIJUANA. I SAT THE DRUGS ON TOP OF THE HOOD OF MY PATROL VEHICLE . I THEN PLACED THE DEFENDANT UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED HIM IN THE REAR OF MY PATROL VEHICLE. \t \tTHE DEFENDANT'S NEPHEW SHOWED UP AT THE INCIDENT LOCATION AND I INFORMED THE NEPHEW THAT THE DEFENDANT WAS UNDER ARREST FOR A MISDEMEANOR DRUG CHARGE AND WOULD NOT BE GOING BACK TO HIS GRANDMOTHER'S RESIDENCE. THE DEFENDANT'S BELONGINGS WERE PUT IN A BROWN PAPER BAG AND SENT WITH THE NEPHEW PER THE DEFENDANT'S REQUEST. \t \tI TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. WHILE AT THE JAIL, I BROUGHT THE DEFENDANT INTO THE INTAKE AREA OF THE FACILITY AND TOOK THE HANDCUFFS OFF THE DEFENDANT'S WRISTS. THE DEFENDANT STATED THAT HE WANTED ME TO WRITE HIM A NOTICE TO APPEAR AND HE DID NOT WANT TO BE AT THE JAIL. I INFORMED THE DEFENDANT THAT HE DID NOT HAVE THAT CHOICE AND HE NEEDED TO TALK TO THE DUTY OFFICER LOCATED IN THE INTAKE AREA. THE DEFENDANT STATED AGAIN THAT HE DID NOT WANT TO BE AT THE JAIL AND HE WAS NOT GOING TO COOPERATE WITH MY COMMANDS. I NOTICED THAT THE DEFENDANT WAS TENSING HIS MUSCLES AND I GRABBED HIS LEFT ARM AND ADVISED HIM TO PUT HIS HANDS BEHIND HIS BACK SO THAT I COULD RE-SECURE THE HANDCUFFS. THE DEFENDANT PULLED BOTH OF HIS HANDS TOWARDS HIS STOMACH AND PRESSED HIMSELF AGAINST THE PARTITION GLASS IN THE INTAKE. WHILE THE DEFENDANT WAS RESISTING PUTTING HIS HANDS BEHIND HIS BACK HE ATTEMPTED TO TURN AROUND, AND IN THE PROCESS OF TURNING AROUND THE DEFENDANT ELBOWED ME IN THE CHEST AREA. I ADVISED THE DEFENDANT TO STOP RESISTING, WHICH HE DID NOT COMPLY. I ATTEMPTED A FORWARD LEG SWEEP ON THE DEFENDANT, WHICH WAS SUCCESSFUL IN THE DEFENDANT LOSING HIS BALANCE AND FALLING TO THE GROUND. WHILE ON TOP OF THE DEFENDANT, I ADVISED THE DEFENDANT AGAIN TO STOP RESISTING ARREST AND PUT HIS HANDS BEHIND HIS BACK WHICH HE DID NOT COMPLY. I LOST CONTROL OF THE DEFENDANT AS HE SLIPPED OUT OF MY GRIP TO STAND BACK ON HIS FEET. I GRABBED THE DEFENDANT AROUND THE BACK OF HIS NECK AND ATTEMPTED ANOTHER FORWARD LEG SWEEP, WHICH WAS SUCCESSFUL. THE DEFENDANT LOST HIS BALANCE AND FELL STOMACH FIRST ONTO THE GROUND. I WAS ON TOP OF THE DEFENDANT WITH MY RIGHT ARM AROUND THE DEFENDANT'S NECK UTILIZING MY LEFT HAND TO REGAIN CONTROL OF THE DEFENDANT'S ARM. AT THAT TIME A CORRECTIONAL OFFICER FROM CCA (CORRECTIONS CORPORATION OF AMERICA) ENTERED THE INTAKE PART OF THE FACILITY AND PEPPER SPRAYED THE DEFENDANT IN THE FACE. THE DEFENDANT THEN COMPLIED WITH MY COMMANDS TO PUT HIS HANDS BEHIND HIS BACK. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND TRANSPORTED TO A CELL BY CCA DETENTION FACILITY OFFICERS. \t \tTHE DEFENDANT WAS CHARGED WITH ONE COUNT OF BATTERY ON A LAW ENFORCEMENT OFFICER WITH A BOND OF $5,000.00 AND ONE COUNT OF POSSESSION OF MARIJUANA UNDER 20 GRAMS WITH A BOND OF $1,000.00, FOR A TOTAL BOND AMOUNT OF $6,000.00, PER THE BOND SCHEDULE. |
