| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR08102923) DID KNOWINGLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE A CITRUS COUNTY DEPUTY), AGAINST THE WILL OF THAT PERSON WHILE KNOWING THAT THE SAID DEPUTY WAS ENGAGED IN A LAWFUL PERFORMANCE OF HIS LEGAL DUTIES, IN VIOLATION OF FLORIDA STATUTE 784.07(2); AND did unlawfully resist, obstruct or oppose A CITRUS COUNTY DEPUTY, who was then and there in the lawful execution of a legal duty, or execution of legal process, without offering or doing violence to the person of such officer, in violation of Florida Statute 843.02 AND DID UNLAWFULLY AND WILLFULLY ENTER UPON OR REMAIN IN THE PROPERTY OF CRYSTAL RIVER MALL, BEING LAND LOCATED AT OR NEAR CRYSTAL RIVER, FLORIDA, WITHOUT BEING AUTHORIZED, LICENSED OR INVITED BY THE SAID OWNER OR HIS AGENT, AND DID REMAIN ON SAID PROPERTY IN DEFIANCE OF AN ORDER TO LEAVE, PERSONALLY COMMUNICATED TO BY THE SAID OWNER OR HIS AGENT, IN VIOLATION OF FLORIDA STATUTES 810.09(1) AND 810.09(2)(B) WHILE ON SCENE AS THE BAR LET OUT, I OBSERVED SCREAMING AND YELLING, WHICH APPEARED TO BE A PHYSICAL ALTERCATION TAKING PLACE. AT THAT TIME, I OBSERVED A LARGE CROWD RUNNING OVER TO THE NORTHWEST AREA OF THE MALL PARKING LOT. AS I APPROACHED THIS AREA, I OBSERVED DEFENDANT ONE INVOLVED IN A PHYSICAL ALTERCATION. AS I APPROACHED THIS AREA, ALL PARTIES DISBURSED. I ADVISED ALL PARTIES NEEDED TO GET IN THEIR VEHICLES AND LEAVE THIS AREA AND IF THEY DID NOT LEAVE, EVERYONE WOULD BE CHARGED WITH TRESPASSING. AT THAT TIME, IT APPEARED THE CROWD BEGAN TO GET MORE PHYSICALLY AGGRESSIVE AND THAT THERE WERE SEVERAL ALTERCATIONS TAKING PLACE. AS I MOVED THROUGH THE PARKING LOT, I OBSERVED DEFENDANT ONE MAKING HER WAY BACK THROUGH THE CROWD SCREAMING AND YELLING. THERE WERE SEVERAL SUBJECTS TRYING TO HOLD HER BACK THIS WAS MEET WAS NEGATIVE RESULTS. SHE THEN GOT INTO ANOTHER PHYSICAL ALTERCATION. AT THAT TIME, I RESPONDED OVER TO HERE LOCATION TO PLACE HER UNDER ARREST. DEPUTY SCHAFFER AND I DETECTED A STRONG ODOR OF ALCOHOL EMITTING FROM HER BREATH AND PERSON. WHILE WE ATTEMPTED TO MAKE THE ARREST, DEFENDANT TWO WAS CLINGING AND HOLDING ONTO DEFENDANT ONE. AT THAT TIME I ADVISED DEFENDANT TWO TO RELEASE HER OR SHE WOULD BE PLACED UNDER ARREST THIS WAS TOLD TO HER SEVERAL TIMES. THIS WAS MET WITH NEGATIVE RESULTS AND AT THAT TIME I ADVISED HER SHE WAS UNDER ARREST OBSTRUCTING A LAW ENFORCEMENT OFFICER. I THEN PLACED HER ON THE GROUND AND HANDCUFFED HER BEHIND HER BACK, DOUBLE LOCKED. I ADVISED DEPUTY SCHAFFER TO ARREST DEFENDANT ONE. AT THAT TIME BOTH SUBJECTS WERE PLACED UNDER ARREST. I THEN HAD DEPUTY SCHAFFER TAKE BOTH DEFENDANTS TO MY VEHICLE AND SECURE THEM IN THE REAR SEAT. AT THAT TIME, I HAD NOTICED THAT DEPUTY LAMBERT WAS ATTEMPTING TO AFFECT AN ARREST AND WAS SURROUNDED BY A LARGE CROWD, WHICH APPEARED TO BE UNRULY AND VERBALLY ABUSIVE. IT APPEARED THAT THE CROWD WAS GETTING CLOSER AND PHYSICALLY COMBATIVE BY PUSHING AND SHOVING TO DEPUTY LAMBERT, MAKING IT A VERY UNSAFE SITUATION. I THEN RESPONDED OVER TO THAT LOCATION AND STOOD OVER DEPUTY LAMBERT DUE TO THE FACT THAT AT THIS TIME HE WAS ON THE GROUND PHYSICALLY ATTEMPTING TO ARREST HIS DEFENDANT. AT THAT TIME I DREW MY DEPARTMENT ISSUED TASER, ACTIVATED IT AND BEGAN TO POINT IT AT SEVERAL SUBJECTS THAT WERE APPROACHING OURSELVES AND NOT COMPLYING WITH DEMANDS TO VACATE THE PARKING LOT AND LEAVE. THESE COMMANDS WERE GIVEN NUMEROUS TIMES, MEETING WITH NEGATIVE RESULTS. AT THAT TIME DEPUTY MARSHALL CAME OVER TO OUR LOCATION AND ASSISTED DEPUTY LAMBERT, PLACING HIS DEFENDANT UNDER ARREST. AT THAT TIME, I WAS ABLE TO LOOK OVER TO THE SOUTH OF OUR LOCATION, WHERE I OBSERVED TWO BOUNCERS FROM GABBY'S BAR BEING PHYSICALLY BATTERED BY DEFENDANT NUMBER FOUR. AT THAT TIME, I RESPONDED TO THAT LOCATION TO ASSIST THE BOUNCERS ADVISING DEFENDANT FOUR HE WAS UNDER ARREST. HE BEGAN BACKING AWAY FROM ME, YELLING OBSCENITIES AT ME. AS I APPROACH DEFENDANT FOUR WITH MY DEPARTMENT ISSUED TASER DRAWN, I ADVISED HIM AGAIN HE WAS UNDER ARREST AND TO GET ON THE GROUND. AT THAT TIME DEFENDANT THREE, MERCIDES CANLEY, HUGGED DEFENDANT FOUR, FACING HIM. I ADVISED HER TO RELEASE THE DEFENDANT AND GET OUT OF MY WAY DUE TO THE FACT THAT THE DEFENDANT FOUR WAS UNDER ARREST. AT THAT TIME SHE REFUSED, I GRABBED THE BACK OF HER SHIRT AND ATTEMPTED TO PULL HER FROM DEFENDANT FOUR. AT THAT TIME, DEFENDANT THREE TURNED AROUND AND STRUCK ME IN THE FACE. I CAN NOT ADVISE IF IT WAS WITH A CLOSED FIST OR OPEN HAND. DUE TO HER BEING PHYSICALLY COMBATIVE, I FIRED MY DEPARTMENT ISSUED TASER, STRIKING HER IN HER CHEST AND IN HER RIGHT ARM. DEFENDANT THREE IMMEDIATELY FELL TO THE GROUND AND REMAINED. AT THAT TIME DEFENDANT FOUR THEN PHYSICALLY CAME TOWARD ME WITH CLENCHED FISTS. I INSTRUCTED HIM TO GET DOWN ON THE GROUND, OR I WOULD SHOOT HIM WITH MY TASER. I QUICKLY RELOADED THE CARTRIDGE AND AIMED CENTER CHEST AT DEFENDANT FOUR AS HE CAME AT ME WITH CLOSED FISTS. DUE TO HIS FAILURE TO COMPLY WITH MY COMMANDS TO GET ON THE GROUND AND BELIEVING I WAS ABOUT TO BE HIT AND ALSO HIM YELLING OBSCENITIES THAT HE WOULD "FUCK ME UP AND KILL ME.", I FIRED MY DEPARTMENT ISSUED TASER. DEFENDANT FOUR WAS STRUCK IN THE CENTER OF HIS CHEST AND IN HIS WAISTBAND HE FELL TO THE GROUND. AT THAT TIME I HAD ONE OF THE BOUNCERS COME OVER TO MY LOCATION AND HELP MYSELF; I GAVE HIM A SET OF MY HANDCUFFS TO SECURE THE DEFENDANT BEHIND HIS BACK. DURING THIS INCIDENT, THE CROWD CONTINUED TO BE UNRULY BY PUSHING AND SHOVING MYSELF. AT THAT TIME I BEGAN TO AIM MY DEPARTMENT ISSUED TASER AT THIS CROWD TO ATTEMPT TO CONTROL THE CROWD AND PROTECT MYSELF. THIS DID NOT SEEM TO DETER THE CROWD FROM THEIR ADVANCE. AT THAT TIME, I BEGAN TO LOOKING FOR ASSISTANCE FROM DEPUTIES MARSHALL, LAMBERT, FARMER AND SCHAFFER. I OBSERVED ALL DEPUTIES APPROXIMATELY TWENTY TO THIRTY YARDS FROM MYSELF, ALL DEALING WITH SEVERAL DIFFERENT ALTERCATIONS OCCURRING AT THE SAME TIME. DUE TO THE FACT THAT WE WERE EXTREMELY OUTNUMBERED AND THE SITUATION WAS DETERIORATING FURTHER, I THEN ADVISED DISPATCH THAT WE NEEDED MORE UNITS I CALLED FOR BACK UP. A SHORT TIME PASSED AND DUE TO THE YELLING AND OBSCENITIES, I WAS UNABLE TO HEAR DISPATCH TO HEAR IF THEY ACKNOWLEDGED. AT THAT TIME, I ADVISED DISPATCH THAT WE WERE IN TROUBLE AND TO SENT HELP, DUE TO THE FACT ALL OFFICERS WERE OUTNUMBERED AND WERE BEING APPROACHED BY THE UNRULY CROWD. A SHORT TIME THEREAFTER, I BEGAN TO SEE SEVERAL UNITS ARRIVE AT OUR LOCATION. AT THAT TIME SERGEANT GLAZE AND DEPUTIES SCHAFFER AND LABELLE CAME OVER TO MY LOCATION AND BEGAN TO ASSIST ME WITH THE CROWD. DEPUTIES SCHAFFER AND DEPUTY LABELLE TOOK DEFENDANT FOUR TO MY PATROL VEHICLE AND SECURED HIM IN THE REAR SEAT. DEPUTY LABELLE REMOVED THE TASER PRONGS FROM THE DEFENDANT AND OFFERED HIM EMS TO WHICH HE REFUSED. AFTER THE ADDITIONAL UNITS ARRIVED ON SCENE, SEVERAL MORE ARRESTS WERE MADE. SHORTLY THEREAFTER, THE CROWD SEEMED TO DISSIPATE AND LEAVE THE AREA AT THAT TIME, I THEN ATTENDED TO DEFENDANT NUMBER THREE IN REFERENCE TO HER BEING TASERED. I ASKED HER IF SHE NEEDED EMERGENCY MEDICAL SERVICES, SHE ADVISED SHE DID NOT KNOW. I REMOVED ONE TASER PRONG FORM THE RIGHT SIDE OF HER CHEST, WHICH DID NOT APPEAR TO PENETRATE, JUST STUCK IN HER CLOTHING. I THEN BEGAN TO REMOVE THE SECOND TASER PRONG, WHICH WAS STUCK IN HER RIGHT WRIST. I HAD SOME DIFFICULTY IN REMOVING THIS TASER AND HAD TO HAVE EMERGENCY MEDICAL SERVICES RESPOND TO OUR LOCATION. THEY TRANSPORTED DEFENDANT THREE TO SEVEN RIVERS HOSPITAL FOR THE REMOVAL OF THIS PRONG. I HAD A DEPUTY FROM THE STREET CRIMES UNIT RESPOND TO THAT LOCATION WITH THE DEFENDANT. A SHORT TIME THEREAFTER, SHE WAS CLEARED AND TRANSPORTED TO THE CITRUS COUNTY JAIL BY DEPUTY FARMER. I WAS THEN ABLE TO SPEAK WITH VICTIM TWO, JOSEPH PREVATT, WHO ADVISED THAT WHILE WE WERE ATTEMPTING TO AFFECT AN ARREST ON WILLIAM BUNCH, DEFENDANT FOUR TRIED TO HIT DEPUTY LAMBERT. AT THAT TIME, THE VICTIMS GRABBED HIM AND BROUGHT DEFENDANT FOUR TO THE GROUND. THEY ADVISED THAT DEFENDANT FOUR WAS ABLE TO GET BACK UP AND HIT THE VICTIM ONE, JOHN SNOW. VICTIM TWO ADVISED HE RAN OVER AND ATTEMPTED TO ASSIST VICTIM ONE. THEY ADVISED THAT WAS AROUND THE SAME TIME I SAW THE PHYSICAL ALTERCATION TAKING PLACE, RESULTING IN DEFENDANT FOUR'S ARREST. BOTH VICTIMS SAW DEFENDANT THREE STRIKE ME IN THE FACE, BOTH VICTIMS ALSO FILLED OUT WRITTEN STATEMENTS, WHICH WILL LATER BE TURNED IN TO RECORDS. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HER BOND WAS SET AT $6,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
