| Probable cause affidavit: |
SUBMITTED BY: BYRD, JEDIDIAH 0737 (AR13-4914) DISORDERLY INTOXICATION OR ENDANGER ANOTHER WHILE, IN VIOLATION OF FLORIDA STATE STATUTE, 856.011. RESIST OFFICER WITHOUT VIOLENCE, IN VIOLATION OF FLORIDA STATE STATUTE, 843.02. TRESPASS AFTER WARNING FROM PRINCIPLE OR DESIGNEE, IN VIOLATION OF FLORIDA STATE STATUTE, 810.097(2). ON 031913, I WAS DISPATCHED TO 68 SOUTH WASHINGTON STREET IN BEVERLY HILLS, IN REFERENCE TO A DISTURBANCE WHICH WAS IN PROGRESS. UPON ARRIVAL, I SPOKE WITH THE VICTIM, MR JOSHUA STRUKE. HE ADVISED THAT THE DEFENDANT, MR JOHN DELICATE, HAD LOANED HIM $12.00 THREE MONTHS AGO, AND TODAY, THE DEFENDANT CAME TO HIS RESIDENCE DEMANDING THE $12.00 AND CREATED A DISTURBANCE. THE VICTIM ADVISED THE DEFENDANT EVENTUALLY LEFT HIS PROPERTY AFTER BEING TOLD TO LEAVE MULTIPLE TIMES. THE VICTIM ADVISED HE CONTACTED THIS AGENCY AFTER THE DEFENDANT LEFT. I THEN MADE CONTACT WITH THE DEFENDANT WHILE HE WAS WALKING FROM HIS RESIDENCE TO THE VICTIMâS RESIDENCE AT 68 SOUTH WASHINGTON STREET. AT THAT TIME, I ASKED THE DEFENDANT WHAT THE PROBLEM WAS. THE DEFENDANT THEN STATED THAT HE LOANED THE VICTIM $12.00 THREE MONTHS AGO AND THE VICTIM REFUSED TO PAY HIM BACK. I ASKED THE DEFENDANT IF THE VICTIM HAD ASKED HIM TO LEAVE HIS RESIDENCE, AT WHICH TIME THE DEFENDANT STATED HE DID. THE DEFENDANT FURTHER STATED THAT HE LEFT THE VICTIMâS RESIDENCE AFTER BEING ASKED TO LEAVE SEVERAL TIMES. I ADVISED THE DEFENDANT THAT THIS WAS A CIVIL ISSUE BETWEEN HIM AND THE VICTIM, AND HE COULD NOT BE CREATING A DISTURBANCE. I THEN DIRECTED THE DEFENDANT MULTIPLE TIMES TO RETURN TO HIS RESIDENCE, WHICH HE REFUSED TO DO. THE DEFENDANT ALSO STATED THAT HE WAS GOING TO GO BACK TO HIS RESIDENCE AND COME BACK IN TWO HOURS WITH A GUN. HE FURTHER STATED THAT IF DEPUTIES WERE IN THE WAY, HE WOULD S\HOOT THE DEPUTIES FIRST. I THEN ASKED THE DEFENDANT IF HE HAD BEEN DRINKING TODAY, WHERE HE ADMITTED HE WAS UNDER THE INFLUENCE OF ALCOHOL. I AGAIN ASKED THE DEFENDANT TO LEAVE THE RESIDENCE, WHERE HE AGAIN REFUSED. AT THAT TIME I ATTEMPTED TO DETAIN THE DEFENDANT, AT WHICH TIME HE RESISTED THIS OFFICER BY PULLING HIS HANDS AWAY AND TENSING HIS BODY. I THEN HANDCUFFED THE DEFENDANT BEHIND HIS BACK (DOUBLE LOCKED) AND SEATED HIM IN THE REAR OF MY PATROL VEHICLE. I MADE CONTACT WITH A WITNESS, MR JUSTICE LUCAS. IN SPEAKING WITH THE WITNESS, HE ADVISED THAT HE WAS DOWN AT 64 SOUTH WASHINGTON STREET AT HIS RESIDENCE. AT THAT TIME, HE ADVISED HIS GIRLFRIEND, WHO RESIDES AT 68 SOUTH WASHINGTON STREET, CONTACTED HIM. THE WITNESS ADVISED HIS GIRLFRIEND HAD CONTACTED HIM DUE TO BEING FRIGHTENED OF THE DEFENDANT, WHO WAS CAUSING A DISTURBANCE WITH THE VICTIM. WITNESS LUCAS STATED HE RESPONDED TO THE RESIDENCE AND ASSISTED THE DEFENDANT GET TO HIS RESIDENCE. ONCE THE DEFENDANT WAS IN HIS RESIDENCE, WITNESS LUCAS RETURNED TO HIS OWN RESIDENCE UNTIL LAW ENFORCEMENT ARRIVED ON SCENE. I ALSO SPOKE WITH MULTIPLE OTHER WITNESSES, WHO ALL CORROBORATED THE STATEMENTS MADE BY WITNESS LUCAS. A SWORN WRITTEN STATEMENT WAS COMPLETED BY WITNESS LUCAS WHICH I LATER TURNED IN TO RECORDS. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR DISORDERLY INTOXICATION, RESIST WITHOUT VIOLENCE AND TRESPASS AFTER WARNING. THIS DEPUTY WILL ENTER THE DEFENDANT IN TO A TRESPASS LOG AT A LATER TIME. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT AGAIN RESISTED THIS DEPUTY BY REFUSING TO EXIT MY PATROL VEHICLE, AND ONCE THE DEFENDANT WAS REMOVED FROM MY PATROL VEHICLE, HE LAID DOWN ON THE CONCRETE. AT THAT TIME DETENTION PERSONNEL ASSISTED ME IN GETTING THE DEFENDANT UP, AT WHICH TIME HE WAS TURNED OVER TO DETENTION STAFF FOR PROCESSING. THE DEFENDANTâS BOND WAS SET AT $1,650.00 PER THE BOND SCHEDULE. |
