| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (2012-1444AR) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: FOUR VEHICLES AMOUNTING TO APPROXIMATELY $2,400.00 IN DAMAGE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). ON 060212 AT APPROXIMATELY 2227 HOURS, I WAS DISPATCHED TO THE LIQUID LAGOON LOUNGE LOCATED AT 2101 SE HWY 19 IN CRYSTAL RIVER, IN REFERENCE TO A TRAFFIC CRASH. UPON MY ARRIVAL, I MADE CONTACT WITH DEPUTY WEATHERFORD (0710), WHO PROVIDED ME WITH THE INFORMATION OF THE DRIVER WHO STRUCK FOUR VEHICLES WHICH WERE PARKED IN THE PARKING LOT OF THE ESTABLISHMENT. I MADE CONTACT WITH THE DRIVER OF VEHICLE ONE IDENTIFIED AS MR MICHAEL KATROS. HE ADVISED THAT WHILE HE WAS LEAVING THE PARKING LOT HE ATTEMPTED TO BACK UP TO LEAVE, AT WHICH TIME, HIS FOOT SLIPPED OFF THE BRAKE AND HE ACCIDENTLY PRESSED THE ACCELERATOR. AT THAT TIME, HE ACCELERATED AND STRUCK A 1999 BLACK IN COLOR FORD PICKUP WITH A FLORIDA TAG OF RPE90 WITH THE FRONT OF HIS BUMPER. THIS CAUSED THE FORD PICKUP TO TRAVEL FORWARD IMPACTING A 2003 DODGE DURANGO, GRAY IN COLOR, WITH FLORIDA TAG NUMBER E32-6FS. THIS VEHICLE THEN TRAVELLED FORWARD WHICH HAD REAR BUMPER DAMAGE. THE BLACK FORD PICKUP SUSTAINED REAR BUMPER DAMAGE AND DAMAGE TO ITS RIGHT, REAR QUARTER PANEL. AT THAT TIME, THE 1999 BLACK PICKUP SLID SIDEWAYS IMPACTING THE OWNER OF VEHICLE FOUR, WHICH WAS A RED IN COLOR 2004 FORD BEARING FLORIDA TAG AIE-L40. THE OWNER WAS STRUCK ON HIS LEFT ANKLE, AT WHICH TIME, HE FELL BACKWARDS DAMAGING HIS REAR GAS CAP WHICH CAME OFF HIS VEHICLE. AT THAT TIME, HE THEN FELL TO THE GROUND. HE WAS IDENTIFIED AS MR ERIC GARCIA. AT THAT TIME, MEDICAL PERSONNEL MEDIC THREE RESPONDED AND TRANSPORTED MR GARCIA TO SEVEN RIVERS HOSPITAL IN REFERENCE TO HIS ANKLE INJURY. HE WAS LATER DISCHARGED WITH MUSCLE SORENESS AND A LEFT ANKLE SPRAIN. THE DAMAGE TO MR KATROS VEHICLE WAS APPROXIMATELY $500.00 AND HE WAS DRIVING A 2002 GRAY IN COLOR TOYOTA PICKUP BEARING FLORIDA TAG NUMBER W42-5QK. HE ALSO HAD DAMAGE TO FRONT END OF HIS VEHICLE. I MADE CONTACT WITH WITNESS MARY E ANDERSON-CAPUTO, WHO PROVIDED ME WITH A SWORN, WRITTEN STATEMENT. SHE STATED SHE OBSERVED MR KATROS ENTER HIS VEHICLE AND ATTEMPT TO BACK OUT OF A PARKING SPACE ALMOST IMPACTING AN SUV WHICH WAS PARKED BEHIND HIM. HE THEN SUDDENLY ACCELERATED FORWARD AND SLAMMED INTO THE FORD PICKUP. WITNESS THEN OBSERVED THE PICKUP SLAM INTO THE DODGE DURANGO. AT THE SAME TIME MR KATROS’ VEHICLE WENT SIDEWAYS AND PUSHED THE BLACK PICKUP TRUCK SIDEWAYS STRIKING MR GARCIA. THE WITNESSES’ SWORN, WRITTEN STATEMENT WILL BE LATER SUBMITTED TO RECORDS. AT THAT TIME, I MADE CONTACT WITH MR MICHAEL KATROS. WHILE SPEAKING WITH HIM I COULD SMELL A STRONG ODOR OF AN UNKNOWN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. I COULD SEE THAT HIS EYES WERE GLASSY AND BLOOD-SHOT AND THAT HE WAS UNSTEADY ON HIS FEET. HE SEEMED AGITATED AND HE WAS VISIBLY SHAKING. HE STATED THAT HE DID NOT MEAN FOR THIS TO HAPPEN AND THAT IT WAS JUST AN ACCIDENT. AT THAT TIME, I CONCLUDED MY TRAFFIC CRASH INVESTIGATION AND BEGAN MY CRIMINAL INVESTIGATION FOR POSSIBLY DRIVING UNDER THE INFLUENCE. AT THAT TIME, I READ HIM HIS MIRANDA WARNINGS, TO WHICH HE STATED HE UNDERSTOOD THEM. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED NO; HOWEVER, HE DOES HAVE BACK PROBLEMS. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HIS EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. HE DID NOT FOLLOW THE PEN AS INSTRUCTED. HE KEPT HIS EYES FORWARD LOOKING STRAIGHT AHEAD ON SEVERAL ATTEMPTS. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT RAISED HIS ARMS FOR BALANCE, STEPPED OFF THE LINE ON 5, 6, 7 AND 8 WITHOUT TOUCHING HEEL-TO-TOE ON THE WAY BACK ON THE SECOND SET OF NINE STEPS. HE USED HIS ARMS FOR BALANCE. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT STATED HE UNDERSTOOD. DURING THIS TASK, THE DEFENDANT RAISED HIS ARMS FOR BALANCE TO BALANCE HIMSELF, STEPPED DOWN ON COUNTS 10, 11, 12, 13, 14 AND STOPPED AT 15 AND STATED I AM HAVING A LITTLE TROUBLE WITH THIS. HE FAILED TO COMPLETE THE TASK AT THAT TIME, THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE. HE WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND SEATED IN THE REAR OF MY PATROL VEHICLE. HIS VEHICLE WAS SECURED AND LEFT PARKED AT THE SCENE PER THE DEFENDANT'S REQUEST AND ALSO GRANTED BY THE OWNERS OF THE PROPERTY. THE DEFENDANT WAS TRANSPORTED TO THE JAIL FOR BOOKING. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .085 AND .083. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7260-XGA1, WITH A MANDATORY COURT APPEARANCE OF 062112 AT THE CITRUS COUNTY COURTHOUSE AT 1300 HOURS. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 7153-WLQ2 FOR CARELESS DRIVING WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. MY IN-CAR VIDEO WAS ACTIVATED DURING THE FIELD SOBRIETY TASKS. A COPY WILL BE TURNED IN TO EVIDENCE. |
