| Probable cause affidavit: |
SUBMITTED BY: MORTON, KEVIN 0551 (AR11119644) UNLAWFULLY ENDANGER THE SAFETY OF ANOTHER OR THEIR PROPERTY WHILE INTOXICATED OR DID WHILE INTOXICATED OR DRINKING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE CAUSE A PUBLIC DISTURBANCE, IN VIOLATION OF FLORIDA STATE STATUTE 856.011. ON 030511, MYSELF AND DEPUTY NEWTON WERE APPROACHED BY WAL-MART STORE MANAGER, MR JUSTIN JOHNSON, IN THE PARKING LOT OF WAL-MART IN HOMOSASSA. MR JOHNSON INFORMED US THAT HE HAD APPROACHED THE DEFENDANT, MR JOSEPH LABELLE, AND TWO OTHER UNIDENTIFIED SUBJECTS AS THEY WERE SITTING ON THE PARK BENCH LOCATED IN FRONT OF WAL-MART. MR JOHNSON STATED HE AT THAT TIME ASKED THE SUBJECTS TO LEAVE DUE TO THE SUBJECTS SOMETIMES BEING BELLIGERENT AND HE SUSPECTED THEM OF DRINKING. MR JOHNSON STATED THAT THE TWO UNIDENTIFIED SUBJECTS DID GET UP AND BEGIN TO LEAVE BUT THE DEFENDANT, MR JOSEPH LABELLE, INFORMED HIM HE WAS NOT GOING ANYWHERE. AT THAT TIME, MYSELF AND DEPUTY NEWTON DID MAKE CONTACT WITH THE DEFENDANT, WHO WAS STANDING ON THE SIDEWALK IN FRONT OF WINN-DIXIE LOCATED AT 3792 SOUTH SUNCOAST BOULEVARD. UPON MAKING CONTACT WITH THE DEFENDANT, I DID DETECT WHAT APPEARED TO BE THE ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFENDANT'S BREATH. THE DEFENDANT DID ADMIT TO HAVING A FEW DRINKS OF VODKA BUT STATED THAT HE WAS NOT DRUNK. THE DEFENDANT'S EYES WERE BLOODSHOT AND HE APPEARED TO BE UNSTABLE AS HE SWAYING. THE DEFENDANT ASKED IF HE COULD LEAN AGAINST OUR PATROL VEHICLE AFTER HE STATED HE WAS NOT DRUNK. AT THAT TIME, DEPUTY NEWTON DID ASK THE DEFENDANT WHY HE DID NOT LEAVE THE AREA WHEN ASKED TO BY WAL-MART PERSONNEL. THE DEFENDANT STATED THAT HE DID NOT THINK HE HAD TO LEAVE A PUBLIC PLACE BUT STATED HE DID LEAVE AFTER A MINUTE OR TWO. THE DEFENDANT TURNED AWAY FROM DEPUTY NEWTON AND BEGAN TO SHOUT IN THE DIRECTION OF THE STORE MANAGER, MR JOHNSON, WHO WAS STANDING APPROXIMATELY 50 FEET AWAY FROM THE DEFENDANT AND WHO HAD AT THAT TIME MADE NO COMMENTS OR ADDRESSED THE DEFENDANT. THE DEFENDANT AT THAT TIME ON AT LEAST TWO OCCASIONS CALLED MR JOHNSON A "FUCKING PUNK". AT THAT TIME, DEPUTY NEWTON DID ADVISE THE DEFENDANT TO REMAIN CALM AND TO AVOID ANY CONFLICT. SHE ASKED HIM FOR HIS INFORMATION. HE DID AGAIN TURN AND AGAIN BEGAN TO YELL IN THE DIRECTION OF MR JOHNSON CALLING HIM A "FUCKING PUNK" ONCE AGAIN AND ASKED HIM AGAIN IF HE KNEW WHAT HE WAS. AT THAT TIME, THIS DEPUTY DID PLACE THE DEFENDANT UNDER ARREST FOR DISORDERLY INTOXICATION. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. UPON A PAT DOWN OF THE DEFENDANT, THIS DEPUTY DID FIND A 200 MILLILITER BOTTLE OF SKOL BRAND VODKA CONCEALED IN THE FRONT OF HIS PANTS. THIS DEPUTY POURED OUT THE CONTENTS OF THE VODKA BOTTLE. THE DEFENDANT WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT DID BECOME BELLIGERENT AND ALSO MADE THE STATEMENT THAT HE WAS GOING TO TELL ME WHAT HE WAS GOING TO DO. HE STATED HE WAS GOING TO BECOME A SNIPER AND HE WAS GOING TO SHOOT ANY DEPUTY WHO ATTEMPTED TO COME INTO HIS CAMP BEHIND THE NEFFER'S BOWLING ALLEY. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO STAFF. THE DEFENDANT'S BOND WAS AT $150.00 PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
