Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DANIEL 0443 (AR11121438) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIMS, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: A FIREARM WITHOUT THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIMS THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021(1)(A). ON 062411 AT 1110 HOURS, I RESPONDED TO THE AREA OF EAST GULF TO LAKE HIGHWAY, ALSO KNOWN AS US HIGHWAY 44, TO THE FISHERMAN'S RESTAURANT NEAR THE INTERSECTION OF EAST GULF TO LAKE HIGHWAY AND BOY SCOUT ROAD IN REFERENCE TO AN AGGRAVATED ASSAULT WITH A DEADLY WEAPON THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH VICTIM ONE, MR JOHN W MASON, WHO ADVISED THAT HE WAS TRAVELING IN HIS GIRLFRIEND'S BLACK INFINITI WITH HIS GIRLFRIEND (VICTIM THREE), MS TAMMY WELLS, AND HIS TWO CHILDREN VICTIM TWO, JOHN PHILLIP MASON, AND VICTIM FOUR, JODY MASON. HE ADVISED THAT THEY WERE TRAVELING EAST ON EAST GULF TO LAKE HIGHWAY FROM THE HESS STATION AND WERE APPROACHING THE TURN LANE, TO TURN LEFT ONTO SOUTH LITTLE JOHN AVENUE. HE STATED AS THEY PREPARED TO ENTER THE TURN LANE a white vehicle traveling at a higH rate of speed came up from behind them and then passed them on the left using the turn lane as a passing lane and continued to travel east on east gulf to lake highway. mr JOHN mason then told ms wells to catch up to the Vehicle so that he could get the tag number. mr mason stated that they caught up to the VEHICLE in the vicinity of boy scout road where he obtained the color, model, and tag number of the vehicle which he advised was a white lexus with flORIDA tag 02shay. he advised as they were approacHing the bridge and the citRus/sumter county line they moved back to the inside lane to prepare to turn around when the driver of the lexus slowed abruptly and turned slightly in an ATTEMPT to block the roadway. mr JOHN mason stated that as they went past the white lexus he could clearly see the driver of the vehicle DUE TO the driver's window BEING down and that the driver was holding CHROME colored handgun. he stated that the driver was a white male with a shaved almost bald head, clean shaven, wearing a white button down shirt and that the firearm had a short thin barrel that he stated appeared to be a 22 or 25 caliber pistol. he stated that the driver pointed the firearm at them and that they continued traveling across the bridge where they turned around and re-entered citrus county. they stated they did observe the white lexus continue to travel east into sumter county. i then conducted a computer check of the vEhicle tag information which indicated that the VEHICLE was registered to a subject who lived in lake panaSoffKee located in sumter county. information regarding the direction of travel and DESCRIPTION of vehicle had already been sent to the sumter county sheriff's office by dispatch. i responded to the area of the citrus/sumter county line to see if the VEHICLE could be located in that vicinity. i advised mr mason to proceed to his residence and i would meet with him there to obtain written STATEMENTS. mr john W mason stated that he would be waiting because he wanted to take action because he was put in fear of his safety and The safety of his family. while checking the area around the citrus/sumter county line and highway 44, i made contact with a sumter county DEPUTY who ADVISED he had been dispatched to the area in reference to looking for the white lexus. he stated that he had been advised by his dispatch that they had prior contact with that vehicle by their agency and that a driver matching the description provided by victim one indicated that the vehicle was possibly driven by the registered owner's son, the suspect MR jerod d shay. i conducted a driver's license check of mr JEROD shay which revealed he had a local address in inverness. i then returned to victim one's residence located on SOUTH little john avenue. at that time, i spoke to victim two, A JUVENILE MALE. he stated that he had been sitting in the back seat on the passenger side of the vehicle and that he observed the driver of the white vehicle pointing a firearm out of the driver's window and waiving it at their vehicle as they went by. i asked victim two what the driver looked like. he stated he was white with short brown hair and a white long sleeved shirt. i asked him how he knew it was a long sleeve shirt to which he stated "when he stuck his arm out of the window with the gun i saw it go all the way down" and he indicated his arm and his wrist. i asked him to describe the FIREARM he stated it was silver and it looked like it was short and fat. i then spoke with ms TAMMY wells, victim three. she confirmed victim one's statement regarding the suspect's driving pattern, however, advised she did not observe the suspect pointing the firearm. i also spoke with victim four, A JUVENILE FEMALE. she could not provide any information as to what had happened. she stated that she was really scared. i obtained sworn written statements from MR john w MASON and VICTIM TWO, as well as MS tammy wells. they were provided a victim's rights pamphlet and a business card bearing my name and the case number. after departing the residence, i requested a photo pack regarding this case and the suspect's INFORMATION. after obtaining the photo pack created by the CITRUS COUNTY SHERIFF'S OFFICE (ccso) crime intelligence unit, i responded back to the victims' residence. at that time, i made contact with VICTIM one and victim two and advised them i was going to show them a packet containing six photographs which may or may not contain a photoGRAPH of the suspect. i advisEd them to EXAMINE the PHOTOGRAPHS carefully and select one photograph if they felt the person resembled the person they observed driving the lexus. at that time, i took victim two, To the side and allowed him to sit in my patrol vehicle. i showed him the photo pack independent of any other persons involved in the case. victim two indicated photograph one as the person he believed to be driving the VEHICLE and stated he picked that PHOTOGRAPH because of the short hair. victim two did not make a positive identification of the suspect. i then contacted VICTIM one, MR john w mason, independently from all other persons involved in this case. VICTIM one selected photograph three and indicated he was the person he saw the lexus on highway 44 and the subject who pointed the FIREARM at himself and the other victims. victim one made a POSITIVE identification of the suspect. an agency wide e-mail was sent in reference to probable cause for the arrest of MR jerod d shay reference four counts of aggravated assault with a deadly weapon in that mr shay was positively identified by victim one that he did point a firearm at the victims and the victims were placed in fear for their safety. ON 062511, AT 0952 HOURS, DEPUTIES ANDY MOORE AND RUSS HOWARD CONDUCTED A TRAFFIC STOP ON THE DEFENDANT'S VEHICLE BEARING FL TAG 02SHAY IN THE PARKING LOT OF THE BANK OF AMERICA LOCATED AT 1007 NORTH U S HIGHWAY 41 IN INVERNESS. UPON CONDUCTING THEIR TRAFFIC STOP DEPUTY MOORE MADE CONTACT WITH THE DRIVER AND IDENTIFIED HIM AS THE DEFENDANT, JEROD B SHAY. DEPUTY MOORE WAS AWARE THAT I HAD PROBABLE CAUSE FOR THE ARREST OF THE DEFENDANT IN REFERENCE TO THIS CASE. AT THAT TIME DEPUTY MOORE TOOK THE DEFENDANT INTO CUSTODY AND ADVISED ME THAT HE WOULD BE TRANSPORTING HIM TO THE CITRUS COUNTY DETENTION FACILITY. DEPUTY MOORE AND DEPUTY HOWARD ADVISED THE DEFENDANT THAT HE WAS UNDER ARREST FOR AGGRAVATED ASSAULT. DEPUTY MOORE TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. ONCE AT THE JAIL I ADVISED THE DEFENDANT THAT HE WAS BEING CHARGED WITH FOUR COUNTS OF AGGRAVATED ASSAULT. THE DEFENDANT'S BOND WAS SET AT $28,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |