Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (15-100976) did knowingly, actually and intentionally touch or strike DEPUTY ALEXANDER (0561), a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2). ON 080215, I WAS CONDUCTING TRAFFIC ENFORCEMENT AT SEVEN RIVERS PRESBYTERIAN CHURCH LOCATED AT 4221 WEST GULF TO LAKE HIGHWAY, CRYSTAL RIVER. CHURCH SERVICE WAS LETTING OUT AND I HAD PARKED MY MARKED PATROL VEHICLE IN THE LEFT TURN LANE FACING WESTBOUND, WITH ALL MY EMERGENCY LIGHTS ACTIVATED. I WAS WEARING MY REFLECTIVE TRAFFIC VEST MARKED WITH ''SHERIFF'' AND HAD MY REFLECTIVE GLOVES ON. I WAS STANDING IN THE RIGHT LANE OF GULF TO LAKE HIGHWAY LETTING TRAFFIC OUT OF THE CHURCH WHEN I OBSERVED A WHITE VEHICLE TRAVELING WESTBOUND IN THE RIGHT LANE ON GULF TO LAKE HIGHWAY. I PUT UP ONE HAND TO STOP THE VEHICLE AS IT CREST OVER THE HILL. AS I OBSERVED THAT THE VEHICLE DID NOT SLOW DOWN, I TURNED MY BODY SQUARE IN THE RIGHT LANE AND PUT UP BOTH HANDS. THE VEHICLE THEN SPED UP AND SWERVED AT ME CAUSING HIM TO DRIVE ON THE SHOULDER OF THE ROAD WHICH CAUSED ME TO JUMP IN TO THE CHURCH EXIT AND INTO MOVING TRAFFIC, AS THERE WERE VEHICLES STILL ATTEMPTING TO EXIT. THE VEHICLE THEN KEPT GOING AND ALMOST CAUSED AN ACCIDENT AT THE SECOND EXIT. THE WHITE VEHICLE THEN SWERVED IN TO THE LEFT LANE BARELY MISSING THE VEHICLE IN THE RIGHT LANE. THE VEHICLE NEVER ATTEMPTED TO SLOW DOWN. WHEN THE VEHICLE AND DRIVER SWERVED AT ME, I FEARED FOR MY LIFE AS I COULD TELL THIS WAS A DELIBERATE ACT OF HIM SWERVING AT ME. THIS WAS THE ONLY VEHICLE ON THE ROADWAY DURING THIS OCCURRENCE; THERE WAS NO ONE IN THE LEFT LANE. HE REMAINED IN THE RIGHT LANE AT ALL TIMES AND SWERVED ON THE SHOULDER TOWARD ME. DUE TO THE VEHICLE NOT HAVING TINTED WINDOWS, I WAS ABLE TO CLEARLY SEE THE DRIVER WAS A WHITE MALE WITH BROWN HAIR AND APPEARED TO BE IN HIS THIRTIES. THE DRIVER MADE NO EFFORT TO SWITCH IN TO THE LEFT LANE, HE ONLY SPED UP AND SWERVED AT ME. MY TRAFFIC VEST IS MARKED ''SHERIFF''. I NOTIFIED DISPATCH OF THE INCIDENT AND PROVIDED A VEHICLE DESCRIPTION. I ORIGINALLY THOUGHT THE VEHICLE LOOKED LIKE A WHITE BUICK. AN EYEWITNESS, WHO WAS EXITING THE CHURCH AND HAD WITNESSED THE ENTIRE INCIDENT, FOLLOWED THE VEHICLE AND OBTAINED THE FLORIDA LICENSE PLATE NUMBER, CHJR77. THE EYEWITNESS CALLED DISPATCH TO REPORT IN THE INCIDENT AND TO ADVISE SHE WAS FOLLOWING THE VEHICLE. I DID NOT ENTER MY PATROL VEHICLE AS BY THE TIME I HAD REGAINED MY FOOTING FROM THE INCIDENT, THE VEHICLE HAD ALREADY CRESTED THE HILL AND WAS OUT OF SIGHT. I IMMEDIATELY NOTIFIED DISPATCH OF THE INCIDENT. AFTER RUNNING A SEARCH OF THE LICENSE PLATE IN THE DRIVER AND VEHICLE INFORMATION DATABASE SYSTEM (DAVID), I DID POSITIVELY IDENTIFIED THE DRIVER AS MR JONATHON BEAN. A "BOLO" WAS ISSUED FOR MR BEAN AND HIS VEHICLE. AFTER RESEARCHING THE SUBJECT, I LOCATED A POSSIBLE WORK LOCATION OF CODY'S RESTAURANT LOCATED AT 305 SOUTHEAST HIGHWAY 19, CRYSTAL RIVER. DEPUTY WATTS (1299) RESPONDED TO CODY'S AND LOCATED THE VEHICLE AND MR BEAN. DEPUTY WATTS OBTAINED A WRITTEN STATEMENT FROM MR BEAN. HE STATED THAT MR BEAN ADVISED HE DID SEE MY PATROL VEHICLE IN THE ROAD BUT THERE WERE NO LIGHTS ON. MR BEAN ADVISED HE DID SEE ME IN THE RIGHT LANE WAVING MY HANDS AND HE SWERVED IN TO THE LEFT LANE. HE ADVISED HE WAS SURPRISED TO SEE ME THERE AND WONDERED WHY THE LIGHTS ON MY PATROL VEHICLE WERE NOT ON. I RESPONDED TO CODY'S AND IDENTIFIED MR BEAN AND THE DRIVER. I READ MR BEAN MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD SPEAK TO ME AND DEPUTY WATTS. I ASKED HIM TO TELL ME WHAT HAPPENED. HE ADVISED HE WAS SLEEP DEPRIVED AND WAS DOING APPROXIMATELY 63 MPH. HE ADVISED HE DID NOT SEE ME STANDING THERE, HE ONLY SAW A BURGUNDY CAR IN THE TURN LANE. HE STATED HE DID NOT SEE MY PATROL VEHICLE LIGHTS ON AND THAT IS WHAT HE WAS STARING AT. I ASKED MR BEAN AT WHAT POINT HE SAW ME. HE ADVISED AT THE POINT HE SWERVED. I ASKED WHY HE SWERVED TOWARDS ME. HE ADVISED HE WAS SWERVING AWAY FROM MY PATROL VEHICLE. I ADVISED HIM MY PATROL VEHICLE WAS TWO LANES OVER. HE THEN ADVISED HE WAS SWERVING AWAY FROM THE MAROON VEHICLE IN THE LEFT LANE EXITING THE CHURCH. I ADVISED MR BEAN THAT MY LIGHTS WERE ON AND MY YELLOW SAFETY TRAFFIC VEST MARKED ''SHERIFF'' WAS ON TO SLOW PEOPLE DOWN. HE STATED HE MIGHT NOT HAVE SEEN MY LIGHTS DUE TO IT BEING DAY TIME. MY LIGHTS WERE WORKING PROPERLY AND IT WAS OVERCAST AND MY LIGHTS WERE PLAINLY VISIBLE. I ADVISED MR BEAN THE SPEED LIMIT WAS NOT 63 MPH; IT WAS 45 MPH DUE TO SEVEN RIVERS PRESBYTERIAN CHURCH ALSO BEING A SCHOOL. THE SPEED LIMIT IS CLEARLY POSTED. MR BEAN ADVISED HE WOULD NEVER INTENTIONALLY SWERVE AT ME AS HE IS FRIENDS WITH A LOT OF LAW ENFORCEMENT OFFICER. HE ADVISED IT WAS PROBABLY BECAUSE HE WAS SLEEP DEPRIVED. I ASKED HIM HOW MAY HOURS OF SLEEP HE HAD GOTTEN. HE STATED FIVE, BUT HE ADVISED HE WAS HAVING ISSUES WITH HIS SIGNIFICANT OTHERS. I REQUESTED THE 911 RECORDING OF THE INDEPENDENT WITNESS WHO FOLLOWED MR BEAN. SHE ADVISED THE DRIVER ATTEMPTED TO ''MOW'' ME DOWN. I ADVISED MR BEAN THAT HE WAS BEING PLACED UNDER ARREST FOR AGGRAVATED ASSAULT. MR BEAN WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK BY DEPUTY WATTS, PLACED IN THE REAR OF HIS PATROL VEHICLE, AND TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING.\t THE DEFENDANTâS BOND WAS SET AT $ 5,000.00 PER THE BOND SCHEDULE. |