| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR 14-12367) (14-139997) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HE WAS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: DID DAMAGE A FOUR DOUR HYUNDAI, THE DEFENDANT MR MARK HIRES IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1) DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED AFTER PREVIOUS DRIVING UNDER THE INFLUENCE, 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). THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.062. ON 101114 AT APPROXIMATELY 2034 HOURS I WAS DISPATCHED TO CARL G ROSE HIGHWAY JUST NORTH OF EAST SAPPHIRE LANE IN HERNANDO IN REFERENCE TO A HIT AND RUN ACCIDENT. UPON ARRIVAL I MADE CONTACT WITH THE VICTIM, MS HOGAN, WHO ADVISED SHE WAS DRIVING NORTHBOUND ON CARL G ROSE HIGHWAY JUST NORTH OF SAPPHIRE LANE WHEN A VEHICLE CROSSED THE CENTER LINE, CAME IN TO HER LANE, AND STRUCK THE DRIVER SIDE OF HER VEHICLE, BRAKING OFF HER MIRROR AND DAMAGING THE SIDE OF HER CAR. THE VICTIM ADVISED HER HUSBAND, MR CHARLIE HOGAN AND HER GRANDCHILD, NHYLA, WHO IS THREE YEAS OLD, WERE ALSO IN THE VEHICLE WITH HER. THE VICTIM ADVISED THAT AFTER THE OTHER VEHICLE STRUCK HER VEHICLE IT CONTINUED SOUTHBOUND ON CARL G ROSE HIGHWAY. SHE PROVIDED A DESCRIPTION OF THE VEHICLE WHICH SHE THOUGHT WAS POSSIBLY A DARK COLORED PICKUP. WHILE ON SCENE WORKING THE ACCIDENT, SEVERAL OTHER DEPUTIES ARRIVED IN THE AREA TO "BOLO" FOR THE SUSPECT VEHICLE. ONE OF THOSE DEPUTIES WAS DEPUTY INDORATO. WHILE STANDING ON CARL G ROSE HIGHWAY AT THE ACCIDENT LOCATION I HEARD TIRES SQUEALING SOUTH OF MY LOCATION TOWARDS THE AREA OF T-BACKS BAR IN APACHE SHORES. I THEN HEARD A VEHICLE ACCELERATE QUICKLY. SHORTLY THEREAFTER DEPUTY INDORATO ATTEMPTED TO PULL OVER A WHITE FORD EXPLORER WHERE A CHASE ENSUED. THE CHASE LATER ENDED AT CARL G ROSE HIGHWAY AND EAST BRAVE LANE WERE THE DRIVER STRUCK A STREET SIGN. THE DRIVER OF THAT VEHICLE WAS LATER IDENTIFIED AS THE DEFENDANT, MR MARK HIRES, WHO WAS SUBSEQUENTLY ARRESTED ON, SEE CASE NUMBER 14-140005 FOR FURTHER. AFTER COMPLETING MY ON SCENE ACCIDENT INVESTIGATION OF THE HIT AND RUN AT THE ACCIDENT LOCATION I RESPONDED TO DEPUTY INDORATO'S LOCATION AT CARL G ROSE HIGHWAY AND EAST BRAVE LANE TO ASSIST WITH HIS SCENE. WHILE ON SCENE I OBSERVED THE DEFENDANT'S WHITE FORD EXPLORER WITH DAMAGE ON THE DRIVER SIDE CONSISTENT WITH THE DAMAGE DONE TO THE VICTIM'S VEHICLE IN THE HIT AND RUN INCIDENT LESS THAN A MILE AWAY. THE DEFENDANT, WHO HAD BEEN ARRESTED IN REFERENCE TO DEPUTY INDORATO'S CHARGES, HAD BEEN ADVISED OF HIS MIRANDA WARNING BY DEPUTY INDORATO. THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK TO DEPUTY INDORATO. SHORTLY AFTER DEPUTY INDORATO COMPLETED HIS QUESTIONING OF THE DEFENDANT I MADE CONTACT WITH THE DEFENDANT WHO WAS SECURED IN THE REAR OF A PATROL VEHICLE. THE DEFENDANT APPEARED TO BE ACTING IN A VERY ERRATIC MANNER AND BASED ON MY KNOWLEDGE AND EXPERIENCE APPEARED TO BE HEAVILY UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE. THE DEFENDANT HAD A HARD TIME FOCUSING ON ANY SPECIFIC TOPIC. I ADVISED THE DEFENDANT THAT I WAS INVESTIGATING A HIT AND RUN ACCIDENT WHICH HAD OCCURRED APPROXIMATELY LESS THAN ONE MILE NORTH OF HIS CURRENT LOCATION. HE ADVISED HE DID NOT KNOW ANYTHING ABOUT IT AND DID NOT KNOW WHERE HE WAS. I ADVISED THE DEFENDANT I WAS CHANGING FROM A CIVIL TRAFFIC CRASH INVESTIGATION TO A CRIMINAL DRIVING UNDER THE INFLUENCE TRAFFIC CRASH INVESTIGATION. AGAIN THE DEFENDANT APPEARED TO BE HEAVILY UNDER THE INFLUENCE OF SOME TYPE OF CONTROLLED SUBSTANCE AND COULD NOT STAY ON TOPIC. THE DEFENDANT COMPLAINED ABOUT PAIN TO HIS LEFT ARM AND SHOULDER AREA. EMERGENCY MEDICAL SERVICES WAS CONTACTED AND THE DEFENDANT WAS TRANSPORTED TO CITRUS MEMORIAL HOSPITAL EMERGENCY ROOM FOR EVALUATION AND TREATMENT. THIS DEPUTY FOLLOWED EMERGENCY MEDICAL SERVICES TO CITRUS MEMORIAL HOSPITAL EMERGENCY ROOM TO STAND BY WITH THE DEFENDANT UNTIL HE WAS MEDICALLY CLEARED TO BE TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY ON DEPUTY INDORATO'S CHARGES. WHILE AT THE HOSPITAL, I ASKED THE DEFENDANT IF HE REMEMBERED HAVING HIS MIRANDA RIGHTS READ TO HIM TO WHICH HE ADVISED HE DID NOT. I AGAIN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. HE THEN STATED ''I AM SPEAKING FOR THATâS IT.'' I ADVISED THE DEFENDANT OF HIS IMPLIED CONSENT AND ASKED IF HE WOULD PROVIDE A URINE SAMPLE TO WHICH THE DEFENDANT ADVISED HE WOULD. A SHORT TIME LATER THE DEFENDANT DID PROVIDE A URINE SAMPLE WHICH WAS COLLECTED BY THIS DEPUTY AND TURNED INTO EVIDENCE. DURING CONVERSATION WITH THE DEFENDANT AT THE EMERGENCY ROOM THE DEFENDANT ADMITTED TO USING XANAX BUT KEPT STATING HE DID NOT REMEMBER WHAT HAPPENED. HE ADVISED HE ONLY REMEMBERS WAKING UP IN THE BACK OF AN AMBULANCE. THE DEFENDANT WAS ADVISED AGAIN THAT I WAS THERE TO INVESTIGATE A HIT AND RUN ACCIDENT AND TO STAND BY WITH HIM WHILE HE WAS AT THE HOSPITAL. I ADVISED THE DEFENDANT I WAS CHANGING FROM A CIVIL TRAFFIC CRASH INVESTIGATION TO A CRIMINAL DRIVING UNDER THE INFLUENCE TRAFFIC CRASH INVESTIGATION. A SHORT TIME LATER THE DEFENDANT BEGAN TO MAKE A STATEMENT, STATING THAT HE HAD CROSSED OVER, HIT A VEHICLE, AND QUICKLY TURNED DOWN A SIDE STREET. HE ADVISED THE NEXT THING HE KNEW HE WAS BEING CHASED BY LAW ENFORCEMENT. AT THIS POINT I REALIZED THE DEFENDANT WAS REFERING TO THE HIT AND RUN ACCIDENT I WAS INVESTIGATION. THE DEFENDANT WAS ASKED IF THE IMPACT OF HIS VEHICLE HITTING THE OTHER VEHICLE STARTLED HIM HE STATED ''YEAH, I FELT BAD.'' HE THEN BEGAN TALKING ABOUT GOING BACK ACROSS (INTO HIS LANE) BUT HE DID NOT FEEL THE IMPACT. HE THEN STATED ''I DON'T KNOW ANYTHING ABOUT IT.'' HE LATER STATED HE STOPPED IN THE MIDDLE OF THE ROAD AND CONTINUED TALKING ABOUT THE ACCIDENT. HE STATED IT LOOKED LIKE THE OTHER DRIVER'S CAR WAS OKAY. A SHORT WHILE LATER THE DEFENDANT STATED THAT HE BELIEVED THAT HE AND THE OTHER DRIVER HIT EACH OTHER. IT WAS OBVIOUS TO THIS DEPUTY AS WELL AS TO DEPUTY ANSTEAD, WHO WAS ASSISTING THIS DEPUTY WATCHING THE DEFENDANT WHILE HE WAS AT THE HOSPITAL, THAT HE WAS HEAVILY IMPAIRED UNDER THE INFLUENCE OF SOME TYPE OF CONTROLLED SUBSTANCE. THE DEFENDANT ADMITTED TO USING METHAMPHETAMINE PRIOR TO THE ACCIDENT AND TALKED ABOUT BEING ''HIGH''. PARTS OF THE CONVERSATION WERE RECORDED BY THIS DEPUTY UTILIZING A DIGITAL RECORDER. THE RECODINGS WILL BE TURNED INTO EVIDENCE. WHILE AT THE HOSPITAL, THE DEFENDANT SIGNED A CITRUS COUNTY SHERIFF'S OFFICE MEDICAL RELEASE FORM WHICH WILL BE TURNED INTO RECORDS. AFTER THE DEFENDANT WAS CLEARED FORM THE HOSPITAL HE WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY IN REFERENCE TO DEPUTY INDORATO'S CASE AND SUBSEQUENT ARREST. ON 101214 I RESPONDED TO COMPLETE A FOLLOW-UP INVESTIGATION ON THE HIT AND RUN WHICH HAD OCCURRED ON CARL G ROSE HIGHWAY AND SAPPHIRE LANE. UPON COMPARING THE DAMAGE TO THE VICTIM'S VEHICLE AGAINST THE DAMAGE TO THE DEFENDANT'S VEHICLE I FOUND THE DAMAGE TO MATCH. PHOTOGRAPH'S WERE TAKEN OF THE DAMAGE TO BOTH VEHICLES AND TURNED INTO EVIDENCE. I RESPONDED TO CITRUS MEMORIAL HOSPITAL TO OBTAIN THE URINALYSIS REPORT FROM THE DEFENDANT'S TOXICOLOGY SCREEN FROM THE EARLY MORNING HOURS ON 101214, THE RESULTS OF THE URINALYSIS SHOW POSITIVE FOR AMPHETAMINES AND OXYCODONE. THIS PAPERWORK WILL BE TURNED INTO RECORDS. BASED ON THE STATEMENTS FROM THE VICTIM AND THE DEFENDANT, DAMAGE TO BOTH OF THE VEHICLES, AND THE URINALYSIS RESULTS FROM THE DEFENDANT, I PROCEEDED TO THE CITRUS COUNTY DETENTION FACILITY AND PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE, DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGE, AND DRIVING WHILE LICENSE SUSPENDED OR REVOKED FOR PREVIOUS DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER 8831-XBIX FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 110614 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION 8810XBI6 DRIVING UNDER THE INFLUENCE PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE OF 110614 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER A1UQKEE FOR LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE OF 110614 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER A1UQKBE FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED KNOWINGLY FOR DRIVING UNDER THE INFLUENCE WITH A MANDATORY COURT APPEARANCE OF 110614 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER A1UQKCE FOR FAILURE TO USE DESIGNATED LANE WITH A FINE OF $166.00 PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION NUMBER A1UQKDE FOR NO PROOF OF INSURANCE WITH A FINE OF $116.00 PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANTâS BOND WAS SET AT $1,000.00 FOR DRIVING UNDER THE INFLUENCE, $1,000.00 FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, $500.00 FOR LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGE, AND $10,000.00 FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED AFTER DRIVING UNDER THE INFLUENCE FOR A TOTAL BOND AMOUNT OF $12,500.00, PER THE BOND SCHEDULE. |
