| Probable cause affidavit: |
SUBMITTED BY: PINNER, DAVID 0473 (AR08105963) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: JEEP CHEROKEE, WITHOUT THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL- FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021; AND DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF THE VICTIM , TO WIT: $50.00 WORTH OF GASOLINE, BY CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(8)(A). ON 102808 AT APPROXIMATELY 1320 HOURS, I ARRIVED ON SCENE AT THE INTERSECTION OF HIGHWAY 44 AND CRYSTAL GLENN. UPON MY ARRIVAL, CONTACT WAS MADE WITH CORPORAL CONLEY WHO ADVISED ME THAT THE DRIVER OF THE JEEP CHEROKEE THAT HE HAD PULLED OVER HAD JUST TAKEN $50.00 WORTH OF GASOLINE FROM THE MYSTIC GAS STATION IN CRYSTAL RIVER. CORPORAL CONLEY ADVISED ME THAT THE DRIVER OF THE VEHICLE (MR KURT HUGHES/DEFENDANT) HAD QUICKLY DRIVEN OUT OF THE GAS STATION PARKING LOT AND UPON DOING SO ALMOST RAN OVER AN EMPLOYEE OF THE GAS STATION. CORPORAL CONLEY TOLD ME THAT HE HAD MADE CONTACT WITH THE CLERK VIA TELEPHONE. THE CLERK ADVISED HIM THAT HE TRIED TO STOP THE DEFENDANT FROM LEAVING BY LEAVING THE GAS STATION ON FOOT. HE ADVISED THAT WHEN HE RAN OUT INTO THE PARKING LOT THE DEFENDANT SWERVED THE VEHICLE AT HIM. HE ALSO ADVISED HE WAS IN FEAR FOR HIS LIFE DUE TO THE DEFENDANT ALMOST STRIKING HIM WITH HIS VEHICLE. CORPORAL CONLEY ADVISED ME THAT THE DEFENDANT WAS PULLED OVER BY DEPUTY BERGEN. I THEN APPROACHED THE VEHICLE AND MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT BEGAN TO MAKE SPONTANEOUS UTTERANCES that HE WAS SORRY AND THAT HE HAD GOTTEN SCARED. I ASKED THE DEFENDANT WHAT HE WAS TALKING ABOUT. THE DEFENDANT ADVISED THAT HE WENT TO THE MYSTIC GAS STATION AND WAS GOING TO GET SOME GASOLINE FOR HIS VEHICLE. THE DEFENDANT ADVISED THAT HE THOUGHT HE HAD MONEY ON HIM SO HE PUMPED $50.00 WORTH OF GASOLINE INTO HIS VEHICLE. THE DEFENDANT ADVISED THAT AFTER PUMPING THE GAS HE REALIzED that HE DID NOT HAVE ANY MONEY ON HIM. HE ADVISED that HE THEN DROVE AWAY FROM THE GAS STATION and WAS GOING TO HIS HOUSE TO GET MONEY TO PAY FOR THE GASOLINE. I ASKED THE DEFENDANT IF HE MADE ANY ATTEMPT TO CONTACT A GAS STATION EMPLOYEE AND ADVISE HIM OF THE SITUATION. THE DEFENDANT ADVISED THAT HE WAS JUST SCARED AND THAT HE DROVE AWAY QUICKLY. I ASKED THE DEFENDANT TO EXIT THE VEHICLE, TO WHICH HE COMPLIED. THE DEFENDANT WAS PLACED UNDER ARREST. HE WAS HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK AND PLACED IN the REAR SEAT OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE MYSTIC GAS STATION ON HIGHWAY 19 IN CRYSTAL RIVER. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS FROM A PRE-PRINTED CARD. I ASKED THE DEFENDANT IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE ADVISED THAT HE DID. THE DEFENDANT BECAME VERY SILENT AND AFTER A SHORT PERIOD OF SILENCE THE DEFENDANT BECAME AGITATED AND BEGAN TO TALK SLANDEROUSLY TO ME. THE DEFENDANT ADVISED THAT HE WAS SCARED BECAUSE HE DID NOT HAVE THE MONEY TO PAY FOR THE GAS HE HAD JUST TAKEN AND that WAS WHY HE LEFT THE GAS STATION SO QUICKLY. THE DEFENDANT ADVISED THAT HE WOULD PAY THE GAS STATION FOR THE GAS HE TOOK IF I WOULD LET HIM RETURN TO HIS RESIDENCE. I THEN ARRIVED AT THE MYSTIC GAS STATION AND CONTACT WAS MADE WITH THE ATTENDANT WHO WAS ABLE TO POSITIVELY IDENTIFY THE DEFENDANT AS THE PERSON WHO TOOK THE GASOLINE WITHOUT PAYING FOR IT AND AS THE PERSON WHO ALMOST STRUCK HIM WITH HIS VEHICLE AS HE QUICKLY LEFT THE GAS STATION. THE DEFENDANT WAS THEN TRANSPORTED to the CITRUS COUNTY DETENTION FACILITY FOR BOOKING and PROCESSING. THE DEFENDANT'S TOTAL BOND WAS SET AT $5,250.00, PER THE BOND SCHEDULE. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, I MADE CONTACT WITH DEPUTY BERGEN VIA TELEPHONE. HE ADVISED ME THAT HE WAS TRAVELING NORTHBOUND ON HIGHWAY 19 NEAR THE INTERSECTION OF SOUTHEAST KINGS BAY DRIVE IN HIS PERSONALLY OWNED VEHICLE WHEN HE NOTICED A GREEN JEEP CHEROKEE QUICKLY LEAVE THE PARKING LOT OF THE MYSTIC GAS STATION. DEPUTY BERGEN ADVISED ME THAT HE WITNESSED A MALE SUBJECT RUN OUT INTO THE STREET CHASING AFTER THE VEHICLE. DEPUTY BERGEN ADVISED THAT HE ATTEMPTED TO CATCH UP TO THE GREEN CHEROKEE. DEPUTY BERGEN ADVISED THAT HE WAS BEHIND the CHEROKEE AS IT APPROACHED THE INTERSECTION OF HIGHWAY 44 AND JOYNER TERRACE. DEPUTY BERGEN ADVISED THAT THE CHEROKEE STOPPED AT the RED LIGHT AND THEN PRECEDED THROUGH THE RED LIGHT CONTINUED EASTBOUND ON HIGHWAY 44. DEPUTY BERGEN ADVISED HE THEN FOLLOWED THE DEFENDANT TO THE INTERSECTION OF HIGHWAY 44 AND ROCK CRUSHER. HE ADVISED THE DEFENDANT CAME TO THE RED LIGHT, STOPPED HIS VEHICLE AND THEN WENT THROUGH THE INTERSECTION. DEPUTY BERGEN FOLLOWED THE VEHICLE and WAS ABLE TO CATCH UP TO THE DRIVER'S SIDE OF THE VEHICLE ON HIGHWAY 44 AND HIGHWAY 490. DEPUTY BERGEN IDENTIFIED HIMSELF AND ASKED THE DEFENDANT TO PULL HIS VEHICLE OVER, TO WHICH THE DEFENDANT COMPLIED. THE VEHICLE CAME TO REST AT THE INTERSECTION OF CRYSTAL GLENN and HIGHWAY 44. DEPUTY BERGEN DID ADVISE ME THAT BOTH OF THE LIGHTS AT THE INTERSECTIONS OF HIGHWAY 44 AND JOYNER AND HIGHWAY 44 and ROCK CRUSHER WERE RED WHEN the DEFENDANT TRAVELLED THROUGH THEM. DUE TO THIS, THE DEFENDANT WAS ISSUED TWO UNIFORM TRAFFIC CITATIONS, NUMBER 5346-FGW AND 5347-FGW, FOR FAILURE TO STOP AT A TRAFFIC SIGNAL. *NOT-EXEMPT* |
