| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR11122476) THE DEFENDANT DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: THE SCREEN POOL AREA OF 230 EAST BOSTON STREET, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTE 810.08(1) AND THE DEFENDANT DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY NICHOLAS HESSE OF THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: REMOVING THE DEFENDANT FROM PROPERTY BEING TRESPASSED ON, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 082611 AT APPROXIMATELY 2000 HOURS, I RESPONDED TO 2279 NORTH GLADES POINT IN HERNANDO IN REFERENCE TO A CIVIL ISSUE AND HAD LOCATED THE DEFENDANT, MS KIMBERLY LOPEZ-TUXBURY, NEARBY AT THE RESIDENCE OF 230 EAST BOSTON STREET. THE DEFENDANT ADVISED THAT SHE WAS USING THE POOL AT THE BOSTON STREET RESIDENCE BECAUSE HER WATER HAD BEEN TURNED OFF AND SHE NEEDED TO WASH AND CLEAN HERSELF. SHE ALSO STATED THAT SHE HAD PERMISSION TO BE AT THE RESIDENCE; HOWEVER, SHE STATED THAT SHE HAD PERMISSION FROM A GENE WESTERLAND WHO SHE ADVISED LIVES AT THE RESIDENCE. FURTHER RESEARCH THROUGH THE PROPERTY APPRAISER'S WEBSITE REVEALED THAT THE OWNER OF THE RESIDENCE WAS MS CATHERINE DROHAN AND THAT SHE WAS A PART TIME RESIDENT WHO RESIDES UP NORTH DURING THE SUMMERTIME. CANINE DEPUTY DEARDEN AND I ATTEMPTED TO LOCATE CONTACT INFORMATION FOR MS DROHAN THROUGH SEVERAL RESOURCES BUT WE WERE MET WITH NEGATIVE RESULTS. DUE TO THE DEFENDANT PROVIDING FALSE HOMEOWNER AND CONTACT INFORMATION, I ISSUED A TRESPASS WARNING TO HER FOR THE ADDRESS OF 230 EAST BOSTON STREET AND INSTRUCTED HER NOT TO RETURN TO THE PROPERTY. WHILE ON SCENE, I ALLOWED HER TO RETURN TO THE PREMISES AND RETRIEVE HER CELLULAR TELEPHONE AND OTHER PERSONAL ITEMS. BEFORE LEAVING, THE DEFENDANT ACKNOWLEDGED THE TRESPASS WARNING AND STATED THAT SHE WOULD NOT GO BACK ON THE PROPERTY. ON 082711, I RESPONDED TO 2279 NORTH GLADES POINT ONCE AGAIN IN REFERENCE TO A 911 HANG UP. UPON ARRIVAL, I DISCOVERED THAT THE DEFENDANT WAS NOT AT HER RESIDENCE AND IMMEDIATELY WENT TO 230 EAST BOSTON STREET. ONCE THERE, I OBSERVED THE DEFENDANT PACING BACK AND FORTH, ARGUING WITH HERSELF INSIDE OF THE SCREEN PORCH AREA NEAR THE POOL. I IMMEDIATELY IDENTIFIED MYSELF AS A DEPUTY SHERIFF AND TOLD THE DEFENDANT THAT SHE WAS UNDER ARREST FOR TRESPASS AFTER WARNING. I THEN NOTICED THAT THE SCREEN DOORS WERE LOCKED AND INSTRUCTED HER TO EXIT THE SCREEN PORCH BUT SHE DID NOT COMPLY. AT THAT POINT, I TOOK MY POCKET KNIFE, CUT A SMALL HOLE IN THE SCREEN DOOR AND MADE ENTRY INTO THE PORCH AREA. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND ESCORTED TO AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, HE WAS CHARGED WITH TRESPASS AFTER WARNING AND RESISTING ARREST WITHOUT VIOLENCE. HER BOND WAS SET AT A TOTAL OF $1,000.00, IN ACCORDANCE WITH 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
