| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR10114238) 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'S STATE STATUTE 316.1935(2). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY RICHEY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT RESISTED MYSELF AND DEPUTY TEWELL AND DEPUTY STANTON BY TENSING UP AND PUSHING AT US, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA'S STATE STATUTE 843.02. ON 041010 AT APPROXIMATELY 1813 HOURS, I OBSERVED A TWO DOOR GREEN SATURN BEARING LICENSE PLATE NUMBER 208KTD TRAVELING NORTHBOUND ON SOUTH PLEASANT GROVE ROAD. THE VEHICLE APPEARED TO HAVE A MISSING FRONT BUMPER. I PROCEEDED TO FOLLOW THE VEHICLE WHICH TURNED WEST ONTO EAST TRAIL TEN. I WAS TRAVELING APPROXIMATELY 40 MPH PACING THE VEHICLE IN A 25 MPH SPEED ZONE. AT THAT TIME, I ACTIVATED MY EMERGENCY LIGHTS AND SIREN IN AN ATTEMPT TO STOP THE VEHICLE AT SOUTH QUIVER TERRACE AND EAST TRAIL TEN. THE VEHICLE FAILED TO STOP AND THEN TURNED NORTHBOUND ON SOUTH QUIVER TERRACE, CONTINUING TO TRAVEL AT APPROXIMATELY 40 MPH. AFTER TRAVELING APPROXIMATELY 200 YARDS ON SOUTH QUIVER TERRACE, THE VEHICLE ENTERED THE DRIVEWAY OF 4355 EAST ARCHER LANE, COMING TO A SLIDING STOP. I EXITED MY PATROL VEHICLE, DRAWING MY PRIMARY AGENCY ISSUE WEAPON BEARING SERIAL NUMBER LXS587, POINTING IT AT THE DEFENDANT, LATER IDENTIFIED AS MR JEREMIAH FALLIS. I INSTRUCTED THE DEFENDANT TO STICK HIS HANDS OUT THE OPEN DRIVER'S SIDE WINDOW, AT WHICH TIME HE COMPLIED. I THEN INSTRUCTED THE DEFENDANT TO OPEN THE DOOR AND EXIT THE VEHICLE. HE THEN ASKED ME IF HE COULD UNDO HIS SEATBELT, AT WHICH TIME I STATED YES. UPON EXITING THE VEHICLE, I INSTRUCTED THE DEFENDANT TO FACE AWAY FROM ME AND HOLD HIS HANDS STRAIGHT ABOVE HIS HEAD, HE COMPLIED. I APPROACHED THE SUBJECT AT WHICH TIME; I HOLSTERED MY FIREARM AND HANDCUFFED HIM, DOUBLE LOCKED, BEHIND HIS BACK. DURING THAT TIME, THE DEFENDANT'S FATHER EXITED THE RESIDENCE AND BECAME VERBALLY ABUSIVE TOWARDS MY ACTIONS. I INSTRUCTED HIM TO RETURN TO HIS RESIDENCE, AT WHICH TIME HE REFUSED. THE DEFENDANT'S FATHER CONTINUED STEPPING IN MY DIRECTION, AT WHICH TIME I RETREATED WITH THE DEFENDANT TO THE REAR OF MY PATROL VEHICLE. I THEN REQUESTED BACK UP WHICH WAS ALREADY EN ROUTE. I BEGAN TO TRY TO SEARCH THE DEFENDANT'S PERSON FOR WEAPONS AT WHICH TIME HE RESISTED ME BY STIFFENING HIS BODY AND PUSHING OFF MY VEHICLE TOWARDS ME. I THEN TOOK THE DEFENDANT TO THE GROUND TO THE RIGHT REAR OF MY PATROL VEHICLE ON HIS STOMACH. I HELD THE DEFENDANT TO THE GROUND UNTIL BACK UP DEPUTIES ARRIVED AS WELL AS STILL INSTRUCTING THE DEFENDANT'S FATHER TO RETURN TO HIS RESIDENCE. WHEN DEPUTY TEWELL ARRIVED, WE ATTEMPTED TO SEARCH THE DEFENDANT WHILE HE WAS STILL ON THE GROUND; HE THEN BEGAN RESISTING OUR EFFORTS BY STIFFENING UP HIS BODY AND KICKING AT ME. I THEN DREW MY AGENCY ISSUED TASER BEARING SERIAL NUMBER X00-480341, REMOVED THE CARTRIDGE AND PLACED IT ON HIS LEFT SHOULDER WITH THE POWER ON. I INSTRUCTED THE DEFENDANT TO STOP RESISTING, AT WHICH TIME HE COMPLIED. DEPUTY STANTON THEN ARRIVED ON SCENE AND HELPED COMPLETE THE SEARCH OF THE DEFENDANT. DEPUTY TEWELL, DEPUTY STANTON AND I ATTEMPTED TO PLACE THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE; HOWEVER HE RESISTED US AGAIN BY TENSING UP HIS BODY. WE WERE ABLE TO PLACE THE DEFENDANT IN THE REAR OF THE PATROL VEHICLE WITHOUT HIS COOPERATION. THE DEFENDANT'S VEHICLE WAS LEFT AT HIS RESIDENCE AT HIS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO CITRUS COUNTY DETENTION FACILITY STAFF. I THEN READ THE DEFENDANT MIRANDA RIGHTS VIA THE PREPRINTED CARD WITH THE INTENT OF ASKING HIM WHY HE FLED. BEFORE I ASKED ANY QUESTIONS, HE STATED HE WANTED TO SPEAK WITH HIS LAWYER. THE DEFENDANT WAS THEN CHARGED WITH FLEE AND ATTEMPTING TO ELUDE A LAW ENFORCEMENT OFFICER AND RESISTING AN OFFICER WITHOUT VIOLENCE. THE DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 2374ESHX FOR UNLAWFUL SPEED AND CRIMINAL CITATION NUMBER 2375ESH1 FOR FLEEING AND ELUDING AND WARNING NUMBER 290749B FOR FAILURE TO USE TURN SIGNAL AND MISSING FRONT BUMPER. THE DEFENDANT'S BOND WAS SET AT $5,500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
