| Probable cause affidavit: |
SUBMITTED BY: RUSSO, CAROLYN N236 (AR2768) THE DEFENDANT, MR JESSE DAVID GREEN, DID DRIVE OR WAS IN THE ACTUAL PHYSICAL CONTROL OF A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATUTE 327.35(1)(A) ON 091512, FWC LIEUTENANT JOHN JONES AND I WERE ON WATER PATROL AT THE BLUE WATERS ON THE HOMOSASSA RIVER. WE OBSERVED TWO VESSELS ANCHORED NEXT TO EACH OTHER IN FRONT OF THE HOMOSASSA WILDLIFE PARK. THE VESSELS HAD LOUD MUSIC PLAYING AND WE COULD HEAR THE SUBJECTS ON BOARD HOOTING AND HOLLERING AT EACH OTHER. AT APPROXIMATELY 8:30 P.M. THE VESSELSâ ANCHORS WERE PULLED AND THEY STARTED TO HEAD IN OUR DIRECTION, DOWN THE RIVER WESTWARD. AS THEY GOT CLOSE TO US WE TURNED OUR BLUE LIGHTS ON, SHINED OUR FLASHLIGHTS ON ONE OF THE VESSELS, AND CONDUCTED A VESSEL INSPECTION ON VESSEL (FL0633PE). WHEN WE TURNED OUR LIGHTS ON THE VESSEL WE OBSERVED A WHITE MALE WITH A BACKWARDS HAT AND SWIM TRUNKS ON OPERATING THE VESSEL. WHILE WE MADE OUR WAY NEXT TO THE VESSEL, THE OPERATOR SWITCHED POSITIONS, LETTING GO OF THE WHEEL, AND ANOTHER SUBJECT (WHO WAS RIGHT NEXT TO HIM) ON THE BOAT TOOK CONTROL OF THE VESSEL. I SPOKE TO THE ORIGINAL OPERATOR (ALSO THE OWNER OF THE VESSEL), IDENTIFIED AS THE DEFENDANT, MR JESSE DAVID GREENE, WITH A DATE OF BIRTH 060484, AND TOLD HIM THAT MYSELF AND LIEUTENANT JONES WOULD BE CONDUCTING A VESSEL INSPECTION. I ASKED HIM TO GET ME ENOUGH LIFE JACKETS FOR EVERYONE ON BOARD, THE REGISTRATION CERTIFICATE, A SOUND PRODUCING DEVICE, THE THROWABLE DEVICE, AND A FIRE-EXTINGUISHER. WHILE HE WAS GETTING THE SAFETY EQUIPMENT, THE DEFENDANT STUMBLED, AND HAD TROUBLE LOCATING THE EQUIPMENT. I COULD SMELL A STRONG AND DISTINCT ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE DEFENDANT. WHEN I SHINED MY FLASHLIGHT ON HIS FACE, I COULD SEE HIS EYES WERE WATERY, GLASSY, AND BLOODSHOT. I ADVISED THE DEFENDANT THAT I BELIEVED HE WAS IMPAIRED, AND ASKED HIM IF HE WOULD SUBMIT TO THE FIELD SOBRIETY TASKS. HE REFUSED AND SAID HE WOULD NOT. THE DEFENDANT WAS PLACED UNDER ARREST, FOR BOATING WHILE IMPAIRED. I HAD THE DEFENDANT PUT ON A LIFE JACKET; I HANDCUFFED HIM, AND DOUBLE LOCKED THE CUFFS. MYSELF AND LIEUTENANT JONES TRANSPORTED GREENE TO TRADE WINDS BOAT RAMP; AND FROM, THERE LIEUTENANT JONES TRANSPORTED GREENE TO THE CITRUS COUNTY DETENTION FACILITY IN HIS PATROL VEHICLE. THE DEFENDANT ADVISED THAT HE WOULD LIKE HIS VESSEL LEFT WITH MR CAMERON DAVID EORGAN (DOB 04/14/91), WHO WAS THE PASSENGER THAT HAD ORIGINALLY TRADED POSITIONS WITH HIM AS THE INSPECTION BEGAN. THE VESSEL WAS LEFT WITH MR EORGAN AFTER I CONFIRMED HE WAS ABLE TO DRIVE THE VESSEL, AND NOT IMPAIRED AS WELL. WHILE AT THE DETENTION FACILITY, THE BREATH TEST OPERATOR, MS ASHLEY A DADDARIO, READ THE IMPLIED CONSENT WARNING TO THE DEFENDANT, AND STILL HE REFUSED TO SUBMIT. MS DADDARIO GAVE ME THE PAPERWORK FOR THE IMPLIED CONSENT WARNING. I CONFIRMED WITH THE DEFENDANT THAT HE WAS ISSUED THE WARNING AND HAD SIGNED THE PAPERWORK. HE ADVISED IT WAS HIS SIGNATURE ON THE PAPER. I GAVE HIM A COPY OF THE REFUSAL TO SUBMIT TO BREATH TESTING FORM. THE DEFENDANT WAS ISSUED ONE MISDEMEANOR CITATION FOR BOATING WHILE IMPAIRED. HIS COURT DATE WAS SET FOR 101512 AT 0830 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. |
