| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (11090375) 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. ON 090911, I WAS DISPATCHED TO WEST GROVER CLEVELAND BOULEVARD AND US HIGHWAY 19 IN REFERENCE TO A BOAT IN THE ROADWAY. UPON MY ARRIVAL, I MADE CONTACT WITH THE DRIVER OF THE VEHICLE WHICH HAD BEEN TOWING A BOAT, MR TODD PECHIE, WHO WAS SITTING IN THE DRIVER'S SEAT WITH THE ENGINE RUNNING AND THE TRUCK IN REVERSE. I REQUESTED MR PECHIE TO PUT THE TRUCK IN PARK AND LOCATE HIS DRIVER'S LICENSE, VEHICLE REGISTRATION AND PROOF OF INSURANCE. DEPUTY HAYNES THEN ARRIVED ON SCENE. I NOTIFIED DEPUTY HAYNES THAT I BELIEVED MR PECHIE WAS UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE AND HANDED HIM MR PECHIE'S DOCUMENTS. WHILE WAITING FOR A TOW TRUCK TO ARRIVE ON SCENE, I ADVISED THE VEHICLE'S PASSENGER/DEFENDANT MR MARK NICKEL TO STAND ON THE SIDEWALK AS HE WAS HIGHLY INTOXICATED AND HAD A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND WAS UNSTEADY ON HIS FEET. I ADVISED MR NICKEL THAT I WAS CONCERNED FOR HIS SAFETY WITH HIM STANDING IN THE ROADWAY ON WEST GROVER CLEVELAND BOULEVARD. I HAD TO TELL MR NICKEL AT LEAST TEN TIMES TO STAY OUT OF THE ROADWAY AS MULTIPLE VEHICLES HAD ALMOST MADE CONTACT WITH HIM. WHEN HE OBSERVED THAT MR PECHIE WAS PERFORMING FIELD SOBRIETY TASKS, MR NICKEL BECAME BELLIGERENT AND I HAD TO REQUEST THAT HE STOP INTERRUPTING DEPUTY HAYNES WHILE HE WAS PERFORMING FIELD SOBRIETY TASKS ON MR PECHIE. ONCE THE TOW TRUCK ARRIVED ON SCENE, MR NICKEL AGAIN ENTERED THE ROADWAY AT THAT POINT STANDING IN THE WAY OF THE TOW TRUCK DRIVER. MR NICKEL HAD BEGUN YELLING THAT WE COULD NOT TOW THE VEHICLE BECAUSE IT WAS ILLEGAL. ONCE I REMOVED MR NICKEL FROM THE ROADWAY, I ASKED HIM IF HE NEEDED A RIDE HOME, TO WHICH HE REFUSED. HE STATED THAT HE WAS NOT LEAVING, BECAUSE WE WERE ILLEGALLY TOWING HIS FRIENDS VEHICLE. WHILE THE VEHICLE WAS BEING LOADED ONTO THE TOW TRUCK, MR NICKEL BEGAN YELLING PROFANITIES AT THE TOW TRUCK DRIVER AND AGAIN BEGAN WALKING ONTO THE ROADWAY. I AGAIN WARNED MR NICKEL NO LESS THAN 15 TIMES THAT IF HE CONTINUED CREATING A PUBLIC DISTURBANCE OR WAS STANDING IN THE ROADWAY HE WOULD BE PLACED UNDER ARREST. MR NICKEL REFUSED TO COMPLY AND AGAIN BEGAN YELLING AND WALKING TOWARDS MY PATROL VEHICLE, WHICH WAS LOCATED IN THE CENTER OF WEST GROVER CLEVELAND BOULEVARD. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) SECURED IN MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $150.00 PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
