| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (AR16-19861) (16-80654) 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, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1); AND 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 FOR FINANCIAL RESPONSIBILITY, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(10)(A); AND DID OPERATE A MOTOR VEHICLE ON THE ROADWAYS OR HIGHWAYS OF THE STATE OF FLORIDA WITH WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY; TO WIT: OPERATE A 2013 BLUE NISSAN CUBE RECKLESSLY BY TRAVELING AT A HIGH RATE OF SPEED, CROSSING A GRASSY MEDIAN INTO ONCOMING TRAFFIC WHILE STILL AT A HIGH RATE OF SPEED WHILE ON A CURVE ON NORTH CITRUS SPRINGS BOULEVARD, IN VIOLATION OF FLORIDA STATE STATUE 316.192(1)(A). ON 061316 AT APPROXIMATELY 1927 HOURS, I WAS DRIVING MY AGENCY ISSUED UNMARKED VEHICLE SOUTHBOUND ON NORTH FLORIDA AVENUE APPROACHING the INTERSECTION OF NORTH COUNTRY CLUB DRIVE. I OBSERVED A BLUE, FOUR-DOOR, BOX TYPE VEHICLE, EITHER A NISSAN OR A HONDA, PASS A VEHICLE, WHICH WAS NORTHBOUND JUST NORTH OF THE INTERSECTION OF NORTH COUNTRY CLUB DRIVE. THE BLUE SUSPECT VEHICLE PASSED ON A DOUBLE YELLOW LINE. WHEN I OBSERVED THIS, I ACTIVATED MY EMERGENCY LIGHTS AND WAITED FOR TRAFFIC TO PASS SO I COULD TURN AROUND AND HEAD NORTH ON FLORIDA AVENUE IN AN ATTEMPT TO STOP THE SUSPECT VEHICLE. I NOTICED THE VEHICLE WAS AT A HIGH RATE OF SPEED STILL NORTHBOUND. THERE WERE THREE VEHICLES BETWEEN MYSELF and THE SUSPECT VEHICLE. ONCE THESE VEHICLES YIELDED TO MY EMERGENCY LIGHTS, I OBSERVED the SUSPECT VEHICLE TURN WEST ON NORTH CITRUS SPRINGS BOULEVARD. AS I APPROACHED the INTERSECTION and TURNED WEST, I INITIATED MY SIREN TO ACCOMPANY MY EMERGENCY LIGHTS AS IT APPEARED AT THAT POINT THE SUSPECT VEHICLE WAS ATTEMPTING TO ELUDE ME. ONCE ON NORTH CITRUS SPRINGS BOULEVARD I DID NOT NOTICE THE VEHICLE IN THE WESTBOUND LANE OF TRAVEL. WHEN I AGAIN OBSERVED the SUSPECT VEHICLE IT WAS TRAVELING WESTBOUND IN the EASTBOUND LANE OF TRAVEL OF NORTH CITRUS SPRINGS BOULEVARD. THERE IS A LARGE GRASSY MEDIAN IN THIS AREA OF CITRUS SPRINGS BOULEVARD. AT THAT TIME, I CALLED OUT TO DISPATCH THAT I WAS IN PURSUIT OF THE SUSPECT VEHICLE, WHICH WAS DRIVING RECKLESSLY IN THE WRONG LANE OF TRAVEL AND ALSO ON A CURVE. THE VEHICLE WAS AT A HIGH RATE OF SPEED AND IT APPEARED TO BE ELUDING ME. AS other VEHICLES YIELDED TO MY EMERGENCY LIGHTS AND SIREN, I OBSERVED the SUSPECT VEHICLE TO BE BACK IN THE WESTBOUND LANE TRAVELING WESTBOUND. AT THAT TIME THERE WAS LIGHT TRAFFIC. I THEN OBSERVED the VEHICLE SLOW DOWN AT THE INTERSECTION OF NORTH CITRUS SPRINGS BOULEVARD AND NORTH DELTONA BOULEVARD. THE SUSPECT VEHICLE TURNED NORTH AND CONTINUED AT A RIGHT RATE OF SPEED. AT THAT POINT THERE WAS ONLY ONE VEHICLE BETWEEN MY VEHICLE and THE SUSPECT VEHICLE. AS I TURNED NORTH ONTO DELTONA BOULEVARD, THE SUSPECT VEHICLE WAS QUITE A BIT AHEAD OF ME. AT THAT POINT, I GAUGED HIS SPEED TO be BETWEEN 60 AND 65 MILES PER HOUR (MPH). THERE WAS NO TRAFFIC IN the NORTHBOUND LANE. I THEN NOTICED the SUSPECT VEHICLE TURNED EAST ONTO NORTH ALDER DRIVE AND QUICKLY NORTH ON WEST WINTER PLACE. THE SUSPECT VEHICLE THEN CAME TO REST IN the DRIVEWAY OF 2248 WEST WINTER PLACE. THE DRIVER EXITED THE VEHICLE AND WAS IDENTIFIED AS A BLACK MALE, LATER IDENTIFIED BY HIS MILITARY IDENTIFICATION AS THE DEFENDANT, MR JAVANTH KENRICK CHARLES. AFTER ANNOUNCING MY AUTHORITY I ADVISED HIM TO PLACE HIS KEYS ON the HOOD OF THE VEHICLE. AT THAT TIME, SEVERAL PEOPLE EXITED THE RESIDENCE. THE DEFENDANT WAS DETAINED, NOT SECURED IN HANDCUFFS, UNTIL other UNITS COULD RESPOND TO MY LOCATION. AFTER OTHER UNITS ARRIVED, I ASKED THE DEFENDANT WHY HE DID NOT STOP WHEN I ATTEMPTED TO STOP HIM. HE REPLIED HE DID NOT SEE ME UNTIL HE TURNED ON WINTER PLACE. I ATTEMPTED TO SPEAK WITH the DEFENDANT WHILE MY DIGITAL RECORDER WAS ON. THE DEFENDANT ASKED IF I WAS RECORDING the CONVERSATION. WHEN I REPLIED YES, HE CHOSE NOT TO MAKE ANY FURTHER STATEMENTS. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR RECKLESS DRIVING WHERE HE WAS THEN HANDCUFFED BEHIND the BACK (DOUBLE LOCKED). HE WAS THEN ADVISED OF HIS MIRANDA RIGHTS, which HE STATED HE UNDERSTOOD. I ADVISED THE DEFENDANT I OBSERVED HIM TO PASS A VEHICLE ON A DOUBLE YELLOW LINE, TRAVELING WESTBOUND IN THE EASTBOUND LANE OF NORTH CITRUS SPRINGS BOULEVARD AND CONTINUE TO EVADE MY ATTEMPTS TO STOP HIM. THE DEFENDANT WAS TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY BY DEPUTY BRIGGS. I THEN RESPONDED BACK TO THE AREA OF NORTH CITRUS SPRINGS BOULEVARD and OCEAN DRIVE. JUST NORTH OF THAT INTERSECTION I LOCATED TIRE IMPRESSIONS TRAVELING ACROSS the MEDIAN FROM the WESTBOUND TRAVEL LANE INTO THE EASTBOUND TRAVEL LANE. THIS IS THE AREA I BELIEVE the DEFENDANT CROSSED IN TO THE ONCOMING TRAFFIC. ONCE I ARRIVED AT THE DETENTION FACILITY, A CHECK OF THE DEFENDANT DRIVER'S LICENSE STATUS IN THE DRIVER AND VEHICLE INFORMATION DATABASE (DAVID) SHOWED the DEFENDANT'S DRIVER'S LICENSE WAS SUSPENDED FOR FINANCIAL RESPONSIBILITY, SUSPENDED ON 061316, NOTICE GIVEN ON 052316 AS ADVISED IN CHAPTER 322.34(10)(A). the DEFENDANT WAS CHARGED WITH ONE COUNT OF FLEEING AND ELUDING, WITH A BOND OF $2,000.00; ONE COUNT OF DRIVING WHILE LICENSE SUSPENDED (DWLS) KNOWINGLY, WITH A BOND OF $1,000.00; AND ONE COUNT OF RECKLESS DRIVING, WITH A BOND OF $500.00 FOR A TOTAL BOND OF $3,500.00 PER the BOND SCHEDULE. the DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBERS 8572GJXX, FOR PASSING IN A NO PASSING ZONE; UTC NUMBER 8573GJX1, FOR VIOLATION OF A TRAFFIC CONTROL DEVICE (SPEED LIMIT); UTC NUMBER 8574GJX2, FOR DRIVING WHILE LICENSE SUSPENDED (DWLS) KNOWINGLY; UTC NUMBER 8575GJX3, FOR RECKLESS DRIVING AND UTC NUMBER A1T2G0P, FOR FLEEING AND ELUDING. ALL CITATIONS WILL HAVE A COURT DATE ON DEMAND. PRIOR TO LEAVING THE DETENTION FACILITY, I ADVISED THE DEFENDANT OF the ADDITIONAL CHARGES. |
