| Probable cause affidavit: |
SUBMITTED BY: BEHNEN, JONATHAN 0442 (AR09108952) DID ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST THE WILL OF THE VICTIM, THE DEFENDANT HAS PRIOR CONVICTIONS FOR BATTERY, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(2); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY BEHNEN, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO PLACE DEFENDANT IN PATROL VEHICLE AFTER ARREST, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02; AND DID UNLAWFULLY AND KNOWINGLY, while committing or after committing theft of property, resist the reasonable effort of a merchant OR merchant's employee, to recover the property WHICH THE merchant OR merchant's employee had probable cause to believe the individual had concealed or removed from its place of display or elsewhere, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(6); AND DID UNLAWFULLY AND KNOWINGLY, while committing or after committing theft of property, resist the reasonable effort of a merchant OR merchant's employee, to recover the property WHICH THE merchant OR merchant's employee had probable cause to believe the individual had concealed or removed from its place of display or elsewhere, IN VIOLATION OF FLORIDA STATE STATUTE 812.015(6); AND UNLAWFULLY ENDANGER THE SAFETY OF ANOTHER OR THEIR PROPERTY WHILE INTOXICATED OR DID WHILE INTOXICATED OR DRINKING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE CAUSE A PUBLIC DISTURBANCE, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 856.011; AND DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: SWEETBAY GROCERY STORE, 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 STATUTES 810.08(1) AND 810.08(2)(B); AND DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, SWEETBAY, TO WIT: TWO CANS OF STEEL RESERVE BEER, SAID PROPERTY BEING OF A VALUE OF $6.00 WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). ON 050709 AT 1302 HOURS, THIS DEPUTY RESPONDED TO THE SWEETBAY GROCERY STORE LOCATED IN THE CITY OF CRYSTAL RIVER, CITRUS COUNTY, FLORIDA. UPON ARRIVAL, I OBSERVED VICTIM ONE, WHO IS THE STORE MANAGER, STANDING WITH other MANAGEMENT PERSONNEL OUTSIDE THE STORE NEAR THE FRONT DOOR. UPON EXITING MY PATROL VEHICLE, I ALSO OBSERVED A WHITE MALE, LATER IDENTIFIED AS the DEFENDANT, YELLING PROFANITIES, STANDING APPROXIMATELY TEN FEET FROM the VICTIMS. I could IMMEDIATELY TELL THAT VICTIM ONE HAD A CUT AND SWOLLEN LOWER LIP, WHICH APPEARED TO THIS DEPUTY TO BE A FRESH INJURY. VICTIM ONE IDENTIFIED THE DEFENDANT AS THE PERSON WHO STRUCK THE VICTIM IN the FACE. DUE TO THE DEFENDANT'S DEMEANOR AT THE TIME OF MY ARRIVAL, HE WAS IMMEDIATELY HANDCUFFED (DOUBLE LOCKED) BEHIND the BACK, FOR THE SAFETY OF MYSELF AND OTHERS AT THE SCENE. UPON TRYING TO have THE DEFENDANT ENTER INTO THE REAR OF MY PATROL VEHICLE, AFTER BEING LAWFULLY ARRESTED FOR BATTERY, THE DEFENDANT REFUSED TO ENTER INTO THE VEHICLE. THE DEFENDANT WAS GIVEN SEVERAL INSTRUCTIONS TO ENTER THE VEHICLE AND I ALSO WITHDREW MY TASER, REMOVING THE CARTRIDGE, INFORMING THE DEFENDANT IF HE DID NOT ENTER THE VEHICLE HE would BE TASED. THE DEFENDANT WAS GIVEN SEVERAL OTHER COMMANDS TO ENTER THE VEHICLE, TO WHICH HE REFUSED, CONTINUING TO YELL OUT OBSCENITIES AND THREATS OF BODILY HARM TO THIS DEPUTY AND OTHER VICTIMS. AT THAT TIME THE TASER WAS PLACED ON THE DEFENDANT'S RIGHT SIDE OF HIS BACK AND THE DEFENDANT WAS DRIVE STUNNED. AS A RESULT OF THE USE OF THE TASER, THE DEFENDANT WAS SECURED IN THE REAR OF MY PATROL VEHICLE WITHOUT INJURY TO THE DEFENDANT OR MYSELF. PRIOR TO THE USE OF the TASER, THIS DEPUTY DID ATTEMPT TO PUSH THE DEFENDANT INTO THE PATROL VEHICLE AND I ALSO ATTEMPTED A KNEE STRIKE TO THE DEFENDANT'S RIGHT THIGH, RESULTING IN NEGATIVE RESULTS. AFTER THE DEFENDANT WAS SECURED IN THE REAR OF MY PATROL VEHICLE VIA SAFETY HARNESS, IT WAS FURTHER REVEALED THROUGH THE VICTIMS THAT THE DEFENDANT WAS PREVIOUSLY TRESPASSED FROM the INCIDENT LOCATION ON 050409 BY DEPUTY LABELLE. THAT INFORMATION WAS ALSO VERIFIED THROUGH TELETYPE. THE DEFENDANT WAS OBSERVED BY ALL VICTIMS ENTER THE STORE, REMAIN IN the STORE AND PROCEED TO THE AISLE THAT HELD THE ALCOHOLIC BEVERAGES. THE DEFENDANT WAS OBSERVED REMOVING TWO "STEEL RESERVE" CANS OF ALCOHOLIC BEER BY TEARING OPEN A CARDBOARD CONTAINER THAT THEY WERE IN AND ATTEMPT TO CONCEAL THOSE ITEMS AT THAT TIME, THE VICTIMS APPROACHED THE DEFENDANT ATTEMPTING TO RETRIEVE THE PROPERTY AND ESCORT THE DEFENDANT FROM the STORE. IN AN ATTEMPT TO RETRIEVE THE PROPERTY, VICTIM ONE DID GRAB AT the BEER AND THE DEFENDANT'S ARM. THE DEFENDANT THEN BECAME PHYSICALLY aggressive DESPITE NUMEROUS ATTEMPTS BY VICTIM ONE AND THE OTHER VICTIMS TO CALM HIM DOWN. the DEFENDANT THEN STRUCK VICTIM ONE WITH A CLOSED FIST NUMEROUS TIMES TO the FACIAL AREA. AT THAT TIME, VICTIM ONE DEFENDED HIMSELF, AND WITH THE ASSISTANCE OF THE other TWO VICTIMS, the DEFENDANT WAS SEPARATED FROM VICTIM ONE; HOWEVER, the DEFENDANT DID SWING BUT MISSED AT VICTIM TWO AND VICTIM THREE. THE DEFENDANT WAS PHYSICALLY ESCORTED out OF the STORE BY ALL VICTIMS, AT WHICH TIME THIS DEPUTY ARRIVED ON SCENE. DEPUTY TIM O'MELIAN RESPONDED TO the SCENE TO PHOTOGRAPH VICTIM ONE'S INJURIES. AFTER OBTAINING ALL NECESSARY INFORMATION, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY THIS DEPUTY. DURING TRANSPORT TO the CITRUS COUNTY DETENTION FACILITY, the DEFENDANT ADVISED THIS DEPUTY "I'M GONNA KICK YOUR MOTHER FUCKING ASS". HE ALSO MADE NUMEROUS PHYSICAL THREATS TO SHERIFF DAWSY, CCA (CORRECTION CORPORATION OF AMERICA) PERSONNEL, AND "WHATEVER JUDGE I GO TO SEE". THE DEFENDANT ALSO ADVISED UPON RELEASE OF THE CITRUS COUNTY DETENTION FACILITY, HE would COME OUT WITH A "VENGEANCE" AND KILL AS MANY DEPUTIES AS HE CAN BEFORE HE IS "TAKEN DOWN". UPON ARRIVAL AT THE CITRUS COUNTY DETENTION THE DEFENDANT WAS REMANDED IN TO CCA CUSTODY. the DEFENDANT'S BOND WAS SET AT A TOTAL OF $4,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
