| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR11123644) 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 THE FLORIDA STATE STATUTE NUMBER 856.011. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY PATTERSON, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO PLACE THE DEFENDANT UNDER ARREST, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF THE FLORIDA STATE STATUTE 843.02. ON 112111, I WAS DISPATCHED TO 140 NORTH SUNCOAST BOULEVARD (CHILI'S RESTAURANT) IN CRYSTAL RIVER IN REFERENCE TO A PHYSICAL ALTERCATION INVOLVING A MALE AND A FEMALE. WHILE EN ROUTE DISPATCH ADVISED THAT THE MALE HALF HAD WALKED OFF IN TO THE PARKING LOT OF HOME DEPOT, AND THAT THE FEMALE WAS LAYING ON THE GROUND IN FRONT OF THE RESTAURANT. AS I WAS PULING IN TO THE REAR PARKING LOT OF CHILI'S, AN UNKNOWN EMPLOYEE RAN UP TO MAY PATROL VEHICLE, AND BEGAN POINTING TOWARDS THE FRONT OF THE BUILDING. I THEN PROCEEDED TO THE FRONT OF CHILI'S WHERE I OBSERVED THE FEMALE HALF OF THE ALTERCATION, THE DEFENDANT, MS KERRY SCANLON, APPROACHING A GROUP OF PEOPLE THAT HAD GATHERED TO ASSIST HER WITH HER FIST CLENCHED, AS IF SHE WERE PREPARING TO FIGHT. ONE OF THE FEMALES IN THE GROUP WAS TELLING THE DEFENDANT THAT THEY WERE JUST ATTEMPTING TO HELP HER, AND THAT THERE WAS NOT REASON FOR HER TO ATTEMPT TO FIGHT THEM. AS I WAS APPROACHING MS SCANLON I ORDERED HER TO BACK UP, HOWEVER SHE REFUSED TO DO SO. FEARING THAT MS SCANLON WAS ABOUT TO ATTACK THE GROUP, I PUSHED HER BACK TO CREATE DISTANCE BETWEEN HER AND THE GROUP, HOWEVER MS SCANLON KEPT YELLING AT THE GROUP AND WAS ATTEMPTING TO WALK FORWARD IN AN AGGRESSIVE MANNER. AT THAT TIME, IT BECAME APPARENT THAT IF MS SCANLON WAS NOT IMMEDIATELY TAKEN IN TO CUSTODY THAT FURTHER VIOLENCE WOULD ERUPT. I THEN ADVISED MS SCANLON THAT SHE WAS UNDER ARREST, AND GRABBED A HOLD OF HER RIGHT ARM, AT WHICH TIME, SHE PULLED AWAY FROM ME WHILE SCREAMING THAT I COULD NOT ARREST HER. MS SCANLON WAS THEN ESCORTED TO THE REAR OF MY PATROL VEHICLE, WHERE SHE CONTINUED TO PHYSICALLY PULL AWAY FROM ME IN AN EFFORT TO AVOID BEING PLACED IN HANDCUFFS. A SHORT TIME LATER, I WAS ABLE TO SECURED BOTH HANDS IN HANDCUFFS, AND WHEN I ATTEMPTED TO PLACE THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE ,SHE BEGAN SCREAMING THAT SHE KNEW HER RIGHTS, AND THAT SHE HAD NOT BEEN GIVEN A BREATHALYZER. I ORDERED THE DEFENDANT SEVERAL TIMES TO SIT IN THE REAR OF MY PATROL VEHICLE ,HOWEVER SHE CONTINUED TO REFUSE. AT THAT TIME, I ASSISTED HER IN TO THE VEHICLE. I THEN ATTEMPTED TO LOCATE ANYONE FROM THE GROUP THAT HAD BEEN PRESENT, HOWEVER THEY HAD ALL DISPERSED. DURING THIS TIME, I COULD SMELL A STRONG ODOR COMMONLY ASSOCIATED WITH AN ALCOHOLIC BEVERAGE EMANATING FROM MS SCANLON, HE EYES WERE BLOODSHOT, AND IT WAS APPARENT THAT SHE WAS INTOXICATED. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, MS SCANLON CONTINUED TO BE BELLIGERENT, AND SCREAMED TO THE EXTENT THAT I COULD NOT COMMUNICATE WITH DISPATCH. ADDITIONALLY, I UNSUCCESSFULLY ATTEMPTED TO EXPLAIN TO HER SEVERAL TIMES WHY SHE HAD BEEN ARRESTED. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, MS SCANLON BEGAN TO KICK THE REAR PASSENGER DOOR OF MY PATROL VEHICLE. SHE WAS THEN ESCORTED IN WHERE SHE WAS TRANSFERRED OVER TO STAFF FOR BOOKING AND PROCESSING. 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* |
