| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR10118461) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER WITH AGENCY INSIGNIA AND OTHER JURISDICTIONAL MARKINGS PROMINENTLY DISPLAYED ON the VEHICLE with SIREN AND LIGHTS ACTIVATED, DID DRIVE AT A HIGH SPEED OR IN A MANNER WHICH DEMONSTRATES A DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY IN VIOLATION OF, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(3)(A). DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, 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 STATE STATUTE 316.193. ON 121810 AT APPROXIMATELY 2020 HOURS, I WAS DISPATCHED TO 7073 NORTH LECANTO HIGHWAY, IN REFERENCE TO A POSSIBLE DOMESTIC DISTURBANCE. AS I ARRIVED TO the ENTRANCE OF THE RESIDENCE, I TURNED OFF MY HEADLIGHTS AND BEGAN DRIVING SLOWLY UP THE DRIVEWAY WHICH WAS APPROXIMATELY 50 YARDS FROM the RESIDENCE. I NOTICED A TRUCK HAD JUST TURNED ON ITS HEADLIGHTS AND BEGAN DRIVING TOWARDS ME. I IMMEDIATELY TURNED ON MY HEADLIGHTS AND SHINED MY SPOTLIGHT AT THE DRIVER/DEFENDANT. AS THE VEHICLE DROVE PAST ME, I ACTIVATED MY OVERHEAD LIGHTS BUT THE TRUCK DID NOT STOP. I TURNED MY VEHICLE AROUND and SAW THE TRUCK TURN EASTBOUND ONTO NORTH LECANTO HIGHWAY AT A HIGH RATE OF SPEED. I FOLLOWED THE TRUCK with MY SIRENS AND OVERHEAD LIGHTS STILL ACTIVATED. OUR SPEEDS REACHED APPROXIMATELY 80 TO 85 MILES PER HOUR (MPH) IN A 55 MPH ZONE. THE TRUCK PASSED ONE VEHICLE IN A NO PASSING ZONE DURING A SHARP CURVE. AFTER APPROXIMATELY 1.5 MILES, THE TRUCK MADE AN ABRUPT STOP ONTO the SHOULDER. THE DEFENDANT EXITED THE TRUCK and BEGAN WALKING TOWARDS MY VEHICLE. I ORDERED THE DEFENDANT WHO WAS THE ONLY PERSON IN the VEHICLE TO LYE DOWN ON THE GROUND, TO WHICH HE COMPLIED. I WAITED UNTIL OTHER DEPUTIES COULD ARRIVE TO SECURE THE DEFENDANT. WHILE I WAS WAITING, I NOTICED A DARK COLORED TRUCK DRIVING TOWARDS ME AT A HIGH RATE OF SPEED. THE TRUCK THEN DROVE ONTO THE SHOULDER AND MADE A SUDDEN STOP. I NOTICED THE DEFENDANT'S WIFE/WITNESS WAS DRIVING THE TRUCK AND THEIR TWO YEAR OLD CHILD WAS IN the FRONT SEAT WITH NO SEATBELT ON/NOR SITTING IN ANY CHILD RESTRAINT SEATS. AFTER OTHER UNITS ARRIVED, the DEFENDANT WAS HANDCUFFED. I READ HIM HIS MIRANDA RIGHTS AND ASKED HIM WHY HE FLED FROM ME BACK AT THE RESIDENCE. HE SAID HE WAS SCARED because HE HAS A NO CONTACT ORDER AGAINST HIM FOR HIS WIFE. HE SAID HE KNEW THAT I WAS A DEPUTY SHERIFF AND HE FELT THAT HE DID NOT DO ANYTHING WRONG SO HE LEFT THE SCENE. I ASKED HIM IF THERE HAD BEEN ANY PHYSICAL FIGHTING OR ARGUING BETWEEN HIM AND his WIFE AND HE SAID, NO. I DID SMELL AN ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH and HE ALSO HAD SLURRED SPEECH and BLOOD SHOT EYES. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING ANY ALCOHOL TONIGHT and HE SAID HE HAD A FEW BEERS. I THEN SECURED HIM IN THE BACK OF MY PATROL VEHICLE AND SEARCHED the TRUCK THAT HE WAS DRIVING. I LOCATED A .22 CALIBER RUGER REVOLVER WITH FIVE ROUNDS IN the CYLINDER. TWO OF THE ROUNDS HAD PREVIOUSLY BEEN FIRED. I ASKED THE DEFENDANT WHO DID THE GUN BELONG TO AND HE SAID IT BELONGED TO the OWNER OF THE TRUCK. HE SAID HE BORROWED THE TRUCK and DID NOT REALIZE THE GUN WAS IN THERE. I THEN SPOKE WITH THE DEFENDANT'S WIFE/WITNESS TO FIGURE OUT WHAT HAD HAPPENED AT THE RESIDENCE PRIOR TO MY ARRIVAL. THE WITNESS SAID NOTHING HAD happened AND SHE SAID SHE CALLED A FRIEND WHO WAS THE COMPLAINANT TO TELL THEM THAT THE DEFENDANT WAS AT HER RESIDENCE BUT EVERYTHING WAS OKAY, AND SHE DID NOT WANT THE FRIEND TO WORRY. I THEN CALLED THE COMPLAINANT AND ASKED HER WHY SHE CALLED THE SHERIFF'S OFFICE. SHE SAID THE DEFENDANT'S WIFE CALLED HER AND SAID THAT THE DEFENDANT WAS AT THE RESIDENCE BEING ABUSIVE AND THEN HUNG UP. THE COMPLAINANT SAID SHE CALLED BACK and THE WITNESS TOLD her THAT THE DEFENDANT HAD LEFT AND that THERE WAS NOTHING TO WORRY ABOUT. THE COMPLAINANT SAID SHE DID NOT BELIEVE HER SO SHE CALLED THE SHERIFF'S OFFICE TO CHECK ON HER. I DID NOT SEE ANY SIGNS OF INJURIES ON EITHER PARTY. the TRUCK and the GUN WERE LATER TURNED OVER TO THE REGISTERED OWNER. I LATER TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. ONCE AT THE DETENTION FACILITY, THE DEFENDANT WAS ALSO PROCESSED FOR SUSPICION OF DRIVING UNDER the INFLUENCE. THE DEFENDANT REFUSED TO DO ANY FIELD SOBRIETY EXERCISES OR TO GIVE A BREATH SAMPLE. the DEFENDANT WAS GIVEN CITATION NUMBER 6977-XD02 FOR DRIVING UNDER THE INFLUENCE, AND CITATION NUMBER 3847-GJXX FOR AGGRAVATED FLEEING. THE DEPARTMENT OF CHILDREN and FAMILIES WAS CONTACTED VIA THE HOTLINE AND OPERATOR SCOTT, ID 5947, SAID A REPORT would BE GENERATED. the DEFENDANT'S WIFE WAS ALSO GIVEN MULTIPLE CITATIONS FOR DRIVING AN UNREGISTERED VEHICLE AND DRIVING WHILE LICENSE SUSPENDED. SHE WAS LATER RELEASED TO A FRIEND THAT HAD ARRIVED AND ESCORTED HER BACK HOME. THE DEFENDANT'S TOTAL BOND WAS SET AT $11,000.00, PER THE BOND "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
