| Probable cause affidavit: |
SUBMITTED BY: WILSON, JAMES 0707 (12-2468AR)(12-150448) DID, KNOWING HIS/her DRIVERâS 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 STATUTE 322.34(2)(A) DID WILLFULLY FLEE OR ATTEMPT TO ALLUDE LAW ENFORCEMENT OFFICER IN AN AUTHORIZED LAW ENFORCEMENT PATROL VEHICLE WITH AGENCY INSIGNIA AND OTHER JURISDICTIONAL MARKINGS PROMINENTLY DISPLAYED ON THE VEHICLE WITH SIRENS AND LIGHTS ACTIVATED AND DURING THE COURSE OF THE FLEEING DROVE AT A HIGH RATE OF SPEED OR IN A MANNER WHICH DEMONSTRATES A WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY, IN VIOLATION OF FLORIDA STATE STATUE 316.1935(3)(A) ON 082212, I WAS TRAVELING EAST ON HIGHWAY 44 AND I OBSERVED A BLUE PONTIAC GRAND PRIX FOUR DOOR VEHICLE WITH black PLASTIC COVERING THE REAR PASSENGER SIDE WINDOW. I RECALLED RECEIVING INFORMATION ABOUT THE DEFENDANT POSSIBLY DRIVING A VEHICLE MATCHING THAT DESCRIPTION. THIS VEHICLE WAS AT THE ENTRANCE OF CITRUS HILLS AT EAST GULF TO LAKE HIGHWAY AND HIGHVIEW AVENUE STOPPED AT THE TRAFFIC LIGHT. I TRAVELED APPROXIMATELY ¼ MILE AND THEN PULLED INTO THE CENTER MEDIAN AND WAITED FOR THE VEHICLE TO COME BY ME. AS THE VEHICLE APPROACHED ME IT WAS IN THE RIGHT HAND LANE I THEN PULLED OUT INTO THE LEFT HAND LANE, STILL TRAVELING EAST I OBSERVED LICENSE PLATE NUMBER FFA246, WHICH EXPIRED ON 012012 AND PULLED UP BESIDE THE VEHICLE. THE DRIVERâS SIDE VEHICLEâS FRONT WINDOW OF THE DEFENDANTâS VEHICLE WAS ALL THE WAY DOWN AND I HAD A CLEAR VIEW OF THE DEFENDANTâS FACE. I HAD THE DEFENDANTâS PHOTOGRAPH ON âDAVIDâ ON MY SCREEN AND TRAVELLED BESIDE THE VEHICLE FOR APPROXIMATELY 100 YARDS, AND VERIFIED THAT THE DEFENDANT MATCHED THE PHOTOGRAPH IN DAVID, WHICH ALSO ADVISED THAT THE DEFENDANT DRIVER'S LICENSE WAS CURRENTLY REVOKED. I THEN GOT BEHIND THE VEHICLE AND VERIFIED THROUGH FCIC/NCIC THAT THE DEFENDANTâS DRIVER'S LICENSE WAS NOT VALID. THE DEFENDANT IS CURRENTLY ON PROBATION FOR DRIVING WHILE LICENSE SUSPENDED. I ATTEMPTED TO CONDUCT A TRAFFIC STOP I INITIATED MY OVERHEAD LIGHTS AS WE WERE PASSING LOWES AND THE VEHICLE SWITCHED LANES FROM THE FAR RIGHT LANE ALL THE WAY INTO THE LEFT TURN LANE AND APPEARED TO BE PULLING INTO WALMART WHILE THE TRAFFIC LIGHT WAS STILL RED, THE VEHICLE PROCEEDED TO MAKE A U-TURN, CUTTING OFF SEVERAL VEHICLES AND ALMOST CAUSING AN ACCIDENT. I THEN INITIATED MY SIREN AND ATTEMPTED TO CATCH UP TO THE VEHICLE, I REACHED SPEEDS OF APPROXIMATELY 100 MILES PER HOUR AND NOTICED THAT I WAS NOT CLOSING THE DISTANCE BETWEEN MYSELF AND THE DEFENDANTâS VEHICLE. I ALSO OBSERVED THE DEFENDANT SWITCH LANES APPROXIMATELY THREE TIMES, NARROWLY MISSING TRAFFIC AS HE WEAVED THROUGH IT. DUE TO THE SPEEDS HE WAS TRAVELING, THE SAFETY OF THE CITIZENS, AND BECAUSE I WAS FAMILIAR WITH THE SUSPECT, I DISCONTINUED MY PURSUIT. I THEN RESPONDED TO THE RESIDENCE, 601 NORTH INDIANAPOLIS AVENUE IN HERNANDO, AS I WAS PULLING UP THE DEFENDANTâS WIFE CAME OUT OF THE RESIDENCE. I OBSERVED THE VEHICLE USED IN THE INCIDENT PARKED IN THE WOODS BEHIND THE RESIDENCE. THERE WAS ALSO FRESH RUTS FROM WHERE IT APPEARED THAT THE VEHICLE PULLED IN AT A HIGH RATE OF SPEED. THE VEHICLEâS LICENSE PLATE WAS ALSO REMOVED. I FELT THE HOOD OF THE VEHICLE AND IT WAS HOT TO THE TOUCH. THE DEFENDANTâS WIFE ADVISED THAT THE DEFENDANT WAS NOT AT HOME AND HAD NOT BEEN HOME ALL MORNING, BECAUSE HE HAD LEFT FOR WORK. I ASKED THE DEFENDANTâS WIFE FOR CONSENT TO ENTER THE RESIDENCE AND LOOK FOR THE DEFENDANT, AT WHICH TIME SHE DID CONSENT TO LET ME ENTER THE RESIDENCE. AS I ENTERED THE FRONT DOOR OF THE RESIDENCE I OBSERVED AN INTERIOR DOOR TO THE RIGHT AS YOU ENTER THE RESIDENCE THAT IS BLOCKED BY THE FRONT ENTRANCE DOOR WHEN IT IS OPENED. AS I ENTERED THIS ROOM IT APPEARED AS THOUGH THIS WAS THE DEFENDANTâS BEDROOM. I ALSO OBSERVED THE DEFENDANT TO BE LYING ON THE BED WEARING ONLY A PAIR OF BOXERS AND SOCKS. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK. I ADVISED THE DEFENDANT WHY HE WAS BEING ARRESTED AND HE STATED THAT WAS IMPOSSIBLE BECAUSE HE HAS BEEN HOME ALL MORNING. THE DEFENDANT WAS THEN READ MIRANDA VIA PRE-PRINTED CARD. THE DEFENDANT THEN STATED THAT IT COULD NOT HAVE BEEN HIM DRIVING THE VEHICLE BECAUSE HE HAD TO GO TO PROBATION AT 1030 HOURS THIS MORNING. HE ADVISED THAT HE WAS TRANSPORTED BY A FRIEND NAMED SHAWN, UNKNOWN LAST NAME. THE DEFENDANT THEN STATED THAT THE OWNER OF THE VEHICLE MUST HAVE BEEN THE ONE DRIVING IT I PULLED UP9 A PHOTOGRAPH OF THE OWNER OF THE VEHICLE THE OWNER DID NOT RESEMBLE THE DEFENDANT IN ANY WAY. HE THEN STATED THAT WAS NOT THE OWNER HE THOUGHT IT WAS. I THEN LOCATED A PHOTOGRAPH OF MR NICHOLAS GENCO, WHICH IS THE SUBJECT THE DEFENDANT WAS REFERRING TO. THIS INDIVIDUAL DID NOT RESEMBLE THE DEFENDANT EITHER. I MADE CONTACT WITH THE DEFENDANTâS MISDEMEANOR PROBATION OFFICER CANDY GALLANT, WHO ADVISED THAT HE WAS AT HER OFFICE AT APPROXIMATELY 1030 HOURS AND LEFT AROUND 1045 HOURS WHICH GAVE THE DEFENDANT APPROXIMATELY 15 TO 20 MINUTES TIMEFRAME, FROM THE TIME THAT HE LEFT HIS PROBATION AND THE TIME THAT I OBSERVED HIM LEAVING CITRUS HILLS. THE DEFENDANT WAS SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS ISSUED AN UNIFORM TRAFFIC CITATION NUMBER 5667GQF2, FOR KNOWINGLY OPERATING A VEHICLE WHILE DRIVER'S LICENSE WAS SUSPENDED. HE WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 5668GQF3, FOR FLEEING AND ELUDING. HE WAS GIVEN A MANDATORY COURT DATE OF 091312 AT 1300 HOURS. THE DEFENDANTâS BOND WAS SET AT $10,500.00, PER THE BOND SCHEDULE. VEHICLE WAS TOWED BY SCALLYâS TOW COMPANY. DEPUTY WILLIAMS CONDUCTED CST. (SEE HIS CST REPORT) |
