| Probable cause affidavit: |
SUBMITTED BY: CHENOWETH, JACOB 0708 (12-153015) (AR12-2499) 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: THREATENED THE VICTIM TO HIT HIM WITH AN AX WHILE ACTIVELY HAVING AN AX IN THE SUSPECTâS HANDS AND THEN ATTEMPTED TO THROW A BICYCLE ONTO THE VICTIMâS HEAD WHILE THE VICTIM WAS LYING ON THE GROUND AND THE SUSPECT WAS STANDING OVER HIM WITH THE BICYCLE OVER THE VICTIMâS HEAD, 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(1)(A). DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIM BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: STRIKING THE VICTIM WITH A CLOSED FIST MULTIPLE TIMES ON THE VICTIMâS LEFT SIDE OF HIS HEAD, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: ROLLING PAPERS, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1)(B) DID, KNOWING HIS 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 UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CHENOWETH, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTED TO FLEE ON FOOT AFTER HE WAS DEMANDED TO STOP, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1). ON 082612 AT APPROXIMATELY 1434 HOURS, I WAS DISPATCH TO 7588 WEST FERN PLACE IN HOMOSASSA IN REFERENCE TO A PHYSICAL DISTURBANCE IN PROGRESS. WHILE EN ROUTE I WAS ADVISED BY DISPATCH THAT THE SUSPECT DESCRIBED AS A WHITE MALE WITH SHORT HAIR, WEARING A BLACK T-SHIRT HAD LEFT THE SCENE IN A BLUE CHEVROLET VAN. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR ROBERT BRYANT, WHO ADVISED THAT ON 082612, APPROXIMATELY ONE HOUR PRIOR TO MY ARRIVAL, HE WAS WORKING AT A FRIENDS HOUSE LOCATED AT THE INTERSECTION OF WEST ROSEDALE DRIVE AND MISSOURI AVENUE IN HOMOSASSA. THE VICTIM ADVISED THAT HE OBSERVED A MALE SUBJECT RIDING A BICYCLE DOWN THE ROAD. AT WHICH TIME HE OBSERVED THE SUSPECT, DRIVING A BLUE VAN, SWERVE AT THE SUBJECT RIDING THE BICYCLE ATTEMPTING TO HIT HIM. THE VICTIM ADVISED THE SUBJECT ON THE BIKE MADE CONTACT WITH HIM AT WHICH TIME HE ADVISED THE SUBJECT THAT the DRIVER OF THE VAN LIVES AROUND the CORNER AND WALKED TO THE SUSPECTâS HOUSE WITH THE UNKNOWN SUBJECT. THE VICTIM ADVISED THE SUSPECT LATER IDENTIFIED AS MR MARC TAYLOR, BEGAN YELLING AT HIM, STATING âARE YOU HERE TO JUMP MEâ?. THE VICTIM ADVISED HE TOLD THE SUSPECT NO, AND RETURNED TO HIS FRIENDâS HOUSE TO CONTINUE WORKING. A SHORT TIME LATER, THE VICTIM ADVISED HE WAS OUTSIDE IN the YARD WHEN HE OBSERVED THE SUSPECT PULL BACK UP IN THE VAN. THE SUSPECT THEN EXITED the VAN WITH AN AX WITH A WOODEN HANDLE AND BEGAN THREATENING THE VICTIM WITH THE AX. THE VICTIM ADVISED THAT HE THEN WENT INTO THE RESIDENCE AND WAITED FOR the SUSPECT TO LEAVE. THE VICTIM WAITED A SHORT TIME AND THEN BEGAN RIDING HIS BIKE TO A FRIENDâS HOUSE. UPON REACHING THE INTERSECTION OF WEST FERN PLACE AND SOUTH ALABAMA AVENUE, THE VICTIM ADVISED HE OBSERVED THE SUSPECT SPEED UP IN HIS VAN, EXIT HIS VAN AND STRIKE HIM IN THE LEFT SIDE OF HIS HEAD WITH A CLOSED FIST. the VICTIM ADVISED THAT THE SUSPECT ATTACKED HIM FROM BEHIND and HAD IMMEDIATELY FALLEN TO THE GROUND. THE VICTIM ADVISED THAT WHEN the SUSPECT TOLD HIM TO LOOK UP, THE VICTIM COMPLIED AT WHICH TIME HE OBSERVED THE SUSPECT TO BE HOLDING the VICTIMâS BIKE OVER HIS HEAD. AT THAT TIME THE VICTIM BECAME SCARED AND ATTEMPTED TO FLEE. WHILE DOING SO, THE VICTIM HEARD, WHAT HE BELIEVED TO BE, THREE GUNSHOTS FROM OFF IN THE DISTANCE. AT WHICH TIME THE SUSPECT DROPPED THE BIKE, NEARLY HITTING THE VICTIM. THE VICTIM THEN RAN AND GOT BEHIND A CAR AND THEN JUMPED A FENCE TO HIDE UNTIL THE SUSPECT HAD LEFT. the VICTIM THEN RAN TO THE VICTIMâS HOUSE AND AT THAT TIME CONTACTED THIS AGENCY. the VICTIM COMPLETED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED IN TO RECORDS. I OBSERVED THE LEFT SIDE OF THE VICTIMâS FACE TO BE RED AND SWOLLEN AND HAD MINOR CUTS. THE VICTIM REFUSED EMERGENCY MEDICAL SERVICES TREATMENT. WHILE SPEAKING WITH THE VICTIM, HE POINTED OUT THE SUSPECT WHO WAS DRIVING BY IN A BLUE VAN, WHICH MATCHED THE DESCRIPTION HE HAD PREVIOUSLY GIVEN THIS DEPUTY. I OBSERVED THE SUSPECT DRIVING A BLUE VAN WITH THE DRIVERâS SIDE WINDOW DOWN, COME TO A COMPLETE STOP AT THE STOP SIGN AT THE INTERSECTION OF WEST FERN PLACE and SOUTH ALABAMA AVENUE. I ANNOUNCED âSHERIFFâS OFFICEâ IN A VOICE LOUD ENOUGH TO BE HEARD AND ALSO TOLD THE SUSPECT TO STOP. THE SUSPECT THEN TURNED HIS HEAD, MADE EYE CONTACT WITH THIS DEPUTY, BEGAN TO SMILE, NOD HIS HEAD AND MAKE A RIGHT HAND TURN ONTO SOUTH ALABAMA AVENUE ACCELERATE TO A HIGH RATE OF SPEED. I THEN RETURNED TO MY SHERIFFâS OFFICE MARKED PATROL VEHICLE, INITIATED MY OVERHEAD EMERGENCY EQUIPMENT AND SIREN AND PROCEEDED SOUTHBOUND ON SOUTH ALABAMA AVENUE AFTER THE SUSPECT. THE SUSPECT CONTINUED FOR APPROXIMATELY A HALF A MILE AT A HIGH RATE OF SPEED UNTIL ABRUPTLY MAKING A RIGHT HAND TURN ONTO WEST RAMBLER LANE. WHILE THE SUSPECT MADE THE ABRUPT RIGHT HAND TURN AT A HIGH RATE OF SPEED CAUSING HIM TO LEAVE THE ROADWAY ONTO THE RIGHT OF WAY, CONTINUING TO THE DEAD END OF THE STREET, ATTEMPTING TO DRIVE THROUGH THE YARD AT 7641 WEST RAMBLER LANE. UPON THE VEHICLE ENTERING THE YARD, THE VEHICLE BECAME STUCK IN the MUD. the SUSPECT THEN EXITED THE DRIVERâS SIDE OF THE VEHICLE AND ATTEMPTED TO FLEE ON FOOT, HOWEVER, WAS UNABLE TO RUN BECAUSE OF A SHED BLOCKING HIS ONLY PATH OF ESCAPE. I THEN EXITED MY PATROL VEHICLE, POINTED MY AGENCY ISSUED GLOCK MODEL 22 HANDGUN AT the SUSPECT AND DEMANDED HE STOP. THE SUSPECT OBSERVED THE WEAPON, AT WHICH TIME HE BECAME COMPLIANT WITH ALL FURTHER COMMANDS. THE SUSPECT NOW IDENTIFIED AS THE DEFENDANT WAS ORDERED FACE DOWN ON THE GROUND, HANDCUFFED, BEHIND HIS BACK AND DOUBLE LOCKED. WHILE SEARCHING THE DEFENDANT FOR WEAPONS, THIS DEPUTY LOCATED A CLEAR PLASTIC BAGGIE CONTAINING A GREEN LEAFY SUBSTANCE WHICH I COULD POSITIVELY IDENTIFY AS MARIJUANA DUE TO MY TRAINING AND EXPERIENCE. THE MARIJUANA HAD AN APPROXIMATELY WEIGHT OF 2 GRAMS. ALSO IN THE DEFENDANTâS FRONT RIGHT POCKET, I FOUND ONE PACK OF JOB 1 ¼ ROLLING PAPERS. THE MARIJUANA AND ROLLING PAPERS WERE COLLECTED, PACKAGED AND WILL BE TURNED IN TO EVIDENCE. I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. the DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS and STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. I ASKED THE DEFENDANT WHAT HAD HAPPENED, TO WHICH HE REPLIED âTHAT KID IS TROUBLE IN THE NEIGHBORHOOD AND I HAVE TO PROTECT MY HOODâ. THE DEFENDANT WAS ASKED WHY HE ATTEMPTED TO RUN FROM THIS DEPUTY, TO WHICH HE STATED THAT HE DID NOT KNOW, HOWEVER THAT HIS DRIVER'S LICENSE IS SUSPENDED. K-9 DEPUTY VIGGIANO ARRIVED ON SCENE, CONDUCTED AN EXTERIOR SNIFF OF THE DEFENDANTâS VEHICLE. DEPUTY VIGGIANO ADVISED THAT K-9 CONAN HAD ALERTED TO THE VEHICLE, HOWEVER, UPON SEARCHING THE VEHICLE WAS MET WITH NEGATIVE RESULTS. HOWEVER, LOCATED BEHIND THE FRONT DRIVERâS SEAT OF the VEHICLE WAS AN AX WITH A WOODEN HANDLE. THE AX WAS COLLECTED, PACKAGED AND TURNED IN TO EVIDENCE. THE DEFENDANT WAS ASKED ABOUT the occurrence THAT HAD HAPPENED INVOLVING THE AX TO WHICH HE STATED THAT HE NEVER EVEN HAD AN AX. THE DEFENDANT BEGAN TO GET VERY IRATE, AT WHICH TIME HE WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I PHOTOGRAPHED THE VEHICLE, SEE CRIME SCENE TECHNICIAN REPORT FOR FURTHER. ADAMâS TOWING WAS CONTACTED IN REFERENCE TO TOWING the VEHICLE. A TOW SHEET WAS COMPLETED, SIGNED BY THIS DEPUTY AND THE TOW TRUCK DRIVER, AND WILL BE TURNED IN TO RECORDS. UPON RUNNING THE FLORIDA TAG OF 236VUY THROUGH FCIC/NCIC, IT WAS REVEALED THAT IF THE OWNER OF THE VEHICLE IS THE DRIVER, TO SEIZE THE TAG. I THEN REMOVED THE TAG WHICH WILL BE TURNED IN TO RECORDS. I THEN RESPONDED BACK TO THE INCIDENT LOCATION AND SPOKE WITH WITNESS ONE, MR STEVEN GOLDSMITH, WHO ADVISED THAT HE WAS STANDING IN HIS FRONT YARD WHERE the VICTIM AND FRIENDS WERE TALKING. MR GOLDSMITH ADVISED THAT HE OBSERVED THIS DEPUTY SPEAKING with VICTIM. AT THAT TIME, THE SUSPECT DRIVING THE BLUE VAN HAD PULLED UP. MR GOLDSMITH ADVISED THAT HE OBSERVED THIS DEPUTY INSTRUCT THE SUSPECT TO STOP. MR GOLDSMITH ALSO ADVISED THAT THE DRIVERâS SIDE WINDOW WAS DOWN. AFTER THIS DEPUTY YELLED AT THE DEFENDANT, HE OBSERVED THE DEFENDANT SMILE AT THE DEPUTY AND DRIVE AWAY. THE DEPUTY THEN JUMPED INTO hiS PATROL VEHICLE, DID A U-TURN, AND PROCEEDED AFTER THE DEFENDANT WITH HIS LIGHTS AND SIRENS ON. MR GOLDSMITH COMPLETED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED IN TO RECORDS. I THEN MADE CONTACT WITH WITNESS TWO, MS LYNN SCHLICK, WHO ADVISED SHE WAS IN THE FRONT YARD WITH HER FRIENDS AND THE VICTIM AND WERE CONVERSING WITH THE DEPUTY. A BLUE VAN APPROACHED THE STOP SIGN AT FERN AND ALABAMA AND THE VICTIM STATED âTHATâS HIMâ. THE DEPUTY YELLED AT THE DEFENDANT TO STOP. THE DEFENDANT LOOKED AT THE OFFICER AND ALL OTHER PARTIES IN THE YARD. the DEPUTY IMMEDIATELY GOT BACK INTO HIS VEHICLE, TURNED AROUND, PUT ON HIS LIGHTS AND SIRENS; HOWEVER, THE VAN KEPT GOING, GAINING SPEED. MS SCHLICK PROVIDED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED IN TO RECORDS. I THEN MADE CONTACT WITH THE VICTIM, PROVIDED HIM WITH AN AGENCY ISSUED CASE CARD BEARING THIS CASE NUMBER AND MY IDENTIFICATION AND ADVISED THE VICTIM TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. I ALSO PROVIDED THE VICTIM WITH THE CORRECT PROCEDURES TO OBTAIN AN INJUNCTION. I PHOTOGRAPHED THE VICTIMâS INJURIES, SEE CRIME SCENE TECHNICIAN REPORT. the DEFENDANT WAS ISSUED UNIFORM TRAFFIC CITATION NUMBER 9502GQF9 FOR DRIVING WHILE LICENSE SUSPENDED KNOWINGLY WITH A MANDATORY COURT DATE OF 091312 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. the DEFENDANT WAS ADVISED THAT HE WAS BEING CHARGED WITH AGGRAVATED ASSAULT WITH A DEADLY WEAPON, BATTERY, POSSESSION OF MARIJUANA UNDER 20 GRAMS, POSSESSION OF DRUG PARAPHERNALIA, DRIVING WHILE LICENSE SUSPENDED OR REVOKED WITH KNOWLEDGE, RESISTING ARREST WITHOUT VIOLENCE AND FLEEING AND ELUDING. the DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE JAIL, THE DEFENDANT CONTINUOUSLY STATED THAT AT THE FIRST OPPORTUNITY HE IS GOING TO PHYSICALLY ATTACK THIS DEPUTY AND MADE THE STATEMENT THAT HE WAS GOING TO KICK THIS DEPUTIES ASS. THE DEFENDANTâS BOND WAS SET AT $8,500.00, PER THE BOND SCHEDULE. |
