| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR09111897) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CALLAHAN, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: AFFECTING AN ARREST, WHILE DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01 (AND) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY TACKETT AND DEPUTY CRUZ, WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ASSISTING DEPUTY CALLAHAN IN AFFECTING AN ARREST, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. (AND) DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUE 322.34(2)(A) ON 111309, AT APPROXIMATELY 2120 HOURS, I WAS ADVISED BY DETECTIVE BLAIR VIA TELEPHONE, THAT HE HAD JUST OBSERVED A BLACK IN COLOR, DODGE FOUR DOOR VEHICLE FAIL TO COME TO A FULL AND COMPLETE STOP AT THE INTERSECTION OF BALLOON LANE AND NORTHEAST CRYSTAL STREET. DETECTIVE BLAIR FURTHER ADVISED THAT THE VEHICLE TURNED WEST ONTO NORTHEAST CRYSTAL STREET FROM BALLOON. DUE TO BEING IN THE IMMEDIATE AREA, I WAS ABLE TO POSITION MY PATROL VEHICLE BEHIND THE BLACK FOUR DOOR VEHICLE, AT WHICH TIME I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT AND ATTEMPTED TO CONDUCT A TRAFFIC STOP IN THE AREA OF NORTHEAST CRYSTAL STREET AND NORTHEAST 8TH AVENUE. UPON THE ACTIVATION OF MY EMERGENCY EQUIPMENT AND SHINING MY VEHICLE'S SPOTLIGHT INTO THE VEHICLE, I OBSERVED TWO BLACK MALES INSIDE THE VEHICLE. UPON FURTHER OBSERVATION IT WAS DETERMINED THAT NEITHER OF THE BLACK MALES WAS WEARING THEIR SEATBELTS. THE VEHICLE PROCEEDED WESTBOUND ON NORTHEAST CRYSTAL STREET, AND UPON ACTIVATION OF MY SIREN THE VEHICLE CONTINUED WEST FOR APPROXIMATELY 100 YARDS AT A SLOW PACE UNTIL IT FINALLY CAME TO A STOP JUST WEST OF NORTHEAST 8TH AVENUE. WHILE ATTEMPTING TO EXIT MY PATROL VEHICLE, THE PASSENGER SIDE DOOR OF THE BLACK FOUR DOOR VEHICLE IMMEDIATELY SWUNG OPEN AND THE PASSENGER/CO-DEFENDANT, LATER IDENTIFIED AS MR LEONARD JOHNSON, ATTEMPTED TO EXIT THE VEHICLE. AT THAT TIME I UNHOLSTERED MY AGENCY ISSUED DUTY WEAPON, POINTED IT TOWARD THE VEHICLE AND APPROXIMATELY 10 TO 15 TIMES, GAVE THE COMMAND TO THE PASSENGER TO STAY IN THE VEHICLE AND TO SHUT THE DOOR. WHILE DIRECTING MY COMMANDS TO THE PASSENGER/CO-DEFENDANT, THE DRIVER'S SIDE DOOR AND DEFENDANT, LATER IDENTIFIED AS MR LAWRENCE SMITH, ATTEMPTED TO EXIT THE VEHICLE. AT THAT TIME I ALSO COMMANDED MR SMITH MULTIPLE TIMES BY YELLING TO HIM, TO STAY IN THE CAR. A SHORT TIME LATER BOTH CANINE DEPUTY TACKETT AND DEPUTY CRUZ ARRIVED ON SCENE. DEPUTY TACKETT RESPONDED TO THE PASSENGER SIDE OF THE VEHICLE AS I WENT TO THE DRIVER'S SIDE IN AN ATTEMPT TO GET BOTH SUBJECTS TO GET BACK INTO THEIR VEHICLE. DEPUTY TACKETT HAD TO TELL THE CO-DEFENDANT TO PUT HIS LEGS BACK INSIDE THE VEHICLE MULTIPLE TIMES BEFORE HE COMPLIED WITH THE ORDER. UPON GAINING CONTROL OF THE TRAFFIC STOP I REQUESTED THE DRIVER TO GIVE ME HIS DRIVER'S LICENSE AND REGISTRATION AND ADVISED THE PASSENGER THAT I WOULD NEED HIS DRIVER'S LICENSE AS WELL, DUE TO HIM NOT WEARING A SEATBELT. WHILE THE DRIVER/DEFENDANT SEARCHED FOR HIS INFORMATION I AGAIN REQUESTED THE PASSENGER TO GIVE ME SOME SORT OF IDENTIFICATION OR HIS NAME AND DATE OF BIRTH. THE CO-DEFENDANT REFUSED TO RESPOND AND SAT MOTIONLESS IN THE PASSENGER SEAT, IGNORING MY REQUESTS. I THEN ASKED APPROXIMATELY FIVE ADDITIONAL TIMES FOR HIS INFORMATION, HOWEVER, HE CONTINUED TO REFUSE, AND IGNORED ME, FAILING TO COMPLY WITH MY REQUESTS. I THEN ADVISED THE CO-DEFENDANT THAT IF HE DID NOT PRODUCE IDENTIFICATION AND CONTINUED TO OBSTRUCT THE TRAFFIC STOP, HE WOULD BE PLACED UNDER ARREST. AFTER THE CO-DEFENDANT CONTINUED TO IGNORE MY REQUEST, I ASKED CANINE DEPUTY TACKETT TO HANDCUFF THE CO-DEFENDANT, AT WHICH TIME I ADVISED THE CO-DEFENDANT HE WAS NOW BEING PLACED UNDER ARREST. DEPUTY TACKETT AND DEPUTY CRUZ THEN REMOVED THE CO-DEFENDANT FROM THE VEHICLE AND PLACED HIM IN HANDCUFFS BEHIND HIS BACK. DEPUTY CRUZ THEN TOOK CUSTODY OF THE CO-DEFENDANT AND STOOD BY WITH HIM IN FRONT OF MY PATROL VEHICLE. I THEN ADVISED THE DEFENDANT, WHO WAS STILL SEATED IN HIS VEHICLE, THAT DEPUTY TACKETT WOULD BE CONDUCTING AN EXTERIOR SNIFF OF HIS VEHICLE WITH HIS CANINE PARTNER PRIEST. UPON DEPUTY TACKETT WALKING HIS DOG AROUND THE VEHICLE HE ADVISED ME THAT HIS CANINE HAD ALERTED TO THE PRESENCE OF A NARCOTIC WITHIN THE VEHICLE. I THEN ADVISED THE DEFENDANT OF THESE FACTS AND REQUESTED HE STEP OUT OF THE VEHICLE SO AN INTERIOR SEARCH COULD BE CONDUCTED. I ALSO ASKED THE DEFENDANT IF HE HAD ANY WEAPONS AND IF HE MINDED EMPTYING HIS POCKETS, AT WHICH TIME HE STATED HE DID NOT MIND AND HE THEN EMPTIED HIS POCKETS ON THE HOOD OF MY PATROL VEHICLE. UPON THE DEFENDANT EMPTYING HIS POCKETS I OBSERVED A FLORIDA IDENTIFICATION AMONG HIS ITEMS. I TOOK THE IDENTIFICATION CARD AND ASKED HIM IF HE HAD A VALID FLORIDA DRIVER'S LICENSE, TO WHICH HE ADVISED HE DID NOT BECAUSE IT WAS SUSPENDED. WHILE STANDING BY WITH THE DEFENDANT AT THE FRONT OF MY PATROL VEHICLE, I RAN HIS INFORMATION THROUGH TELETYPE, AND UPON DOING SO I WAS ADVISED THAT THE DEFENDANT'S DRIVER'S LICENSE HAD BEEN REVOKED FOR VIOLATION OF FLORIDA STATE STATUTE 893 (CONTROLLED SUBSTANCE). FURTHER MORE, THE DEFENDANT'S DRIVER'S LICENSE HAD MULTIPLE SUSPENSIONS. AT THAT TIME I REQUESTED THE DEFENDANT TO PLACE HIS HANDS BEHIND HIS BACK AND I ADVISED HIM I WAS PLACING HIM UNDER ARREST. UPON DOING SO, THE DEFENDANT, WHO WAS STANDING APPROXIMATELY TWO FEET AWAY FORM ME, STRUCK ME WITH HIS RIGHT HAND WHICH PUSHED ME BACK SEVERAL FEET. THE DEFENDANT THEN FLED ON FOOT IN A WESTERLY DIRECTION ON NORTHEAST CRYSTAL STREET, AND UPON HIM DOING SO I GAVE CHASE ON FOOT FOR A SHORT PERIOD OF TIME, WHERE I WAS ABLE TO GRAB THE DEFENDANT BY HIS SHIRT AND TACKLE HIM TO THE GROUND. UPON DOING SO DEPUTY TACKETT ATTEMPTED TO ASSIST ME IN GAINING CONTROL OF THE DEFENDANT, HOWEVER, THE DEFENDANT REFUSED TO PLACE HIS HANDS BEHIND HIS BACK, TENSING HIS MUSCLES AND ATTEMPTED TO KEEP HIS HANDS UNDER HIS STOMACH WHILE ON THE GROUND. THE DEFENDANT WAS TOLD MULTIPLE TIMES TO PLACE HIS HANDS BEHIND HIS BACK AND TO STOP RESISTING AND CONTINUED TO RESIST AND FLAIL HIS BODY. AT THAT TIME I COMMANDED THE DEFENDANT THAT IF HE DID NOT STOP RESISTING HE WOULD BE TASED. AT THAT TIME I UNHOLSTERED MY AGENCY ISSUED TASER, REMOVED THE CARTRIDGE AND DRIVE STUNNED THE DEFENDANT IN THE RIGHT LOWER BACK AREA FOR THE FULL FIVE SECOND CYCLE. UPON DOING THIS, THE DEFENDANT CONTINUED TO FIGHT WITH MYSELF AND DEPUTY TACKETT, HOWEVER, DEPUTY TACKETT WAS ABLE TO PULL THE DEFENDANT'S LEFT ARM BEHIND HIS BACK AND PLACE ONE HANDCUFF ON HIS LEFT WRIST. DURING THE STRUGGLE DEPUTY CRUZ ALSO RAN OVER TO OUR LOCATION ATTEMPTING TO SECURE THE DEFENDANT'S RIGHT ARM BEHIND HIS BACK. HOWEVER, WAS UNABLE TO GAIN CONTROL. I AGAIN ADVISED THE DEFENDANT THAT HE WOULD BE TASED AGAIN IF HE DID NOT GIVE US HIS OTHER ARM, AND AT THAT TIME HE FAILED TO COMPLY. I THEN DRIVE STUNNED THE DEFENDANT AGAIN IN HIS RIGHT LOWER BACK. UPON DOING SO DEPUTY CRUZ WAS ABLE TO PLACE THE DEFENDANT'S RIGHT ARM BEHIND HIS BACK AND SECURE HIM IN THE HANDCUFFS. AT THAT TIME THE DEFENDANT WAS PLACED IN DEPUTY CRUZ'S PATROL VEHICLE AND THE CO-DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING THE SCENE A SUPERVISOR WAS ADVISED OF THE USE OF FORCE. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT'S BOND WAS SET AT $6,500.00. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 9275-FYK FOR DRIVING WHILE LICENSE SUSPENDED (KNOWINGLY) COURT DATE TO BE DETERMINED. DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION FOR FAILING TO STOP AT A STOP SIGN AND FOR FAILING TO WEAR HIS SEATBELT. THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. A COMPACT DISC FROM THE IN-CAR VIDEO SYSTEM WAS LATER TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. *NOT-EXEMPT* |
