| Probable cause affidavit: |
SUBMITTED BY: MATOS, THOMAS 0675 (AR09110736) UNLAWFULLY DURING THE COMMISSION OF A BURGLARY, DID COMMIT AN ASSAULT ON THE VICTIM, TO WIT: SWING AT THE VICTIM WITH HIS CLOSED FIST AFTER FORCING HIS WAY INSIDE OF THE RESIDENCE, IN VIOLATION OF FLORIDA STATE STATUTE, 810.02(2)(A) AND UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: CANNABIS COMMONLY REFERRED TO AS MARIJUANA, SAID OBJECT BEING A MARIJUANA PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) 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. ON 082909 AT APPROXIMATELY 2130 HOURS, I WAS DISPATCHED TO A RESIDENCE ON WEST COUGAR LANE IN DUNNELLON IN REFERENCE TO A BATTERY THAT HAD JUST OCCURRED. UPON ARRIVAL AT APPROXIMATELY 2136 HOURS, I MADE CONTACT WITH THE VICTIM WHO ADVISED SOMEONE HAD FORCED THEIR WAY INTO THE HOME AND LEFT, WALKING DOWN THE STREET. I IMMEDIATELY TURNED ON MY HIGH BEAMS AND OBSERVED A SUBJECT WALKING APPROXIMATELY 250 FEET IN FRONT OF MY PATROL VEHICLE. I DROVE MY PATROL VEHICLE DOWN THE STREET AND INTERCEPTED THE DEFENDANT, MR MICHAEL THOMAS KELLEY. UPON INITIAL CONTACT IT WAS OBVIOUS THAT THE DEFENDANT WAS HIGHLY INTOXICATED DUE TO HIM STUMBLING WHILE HE WALKED, HIS SLURRED SPEECH, A STRONG ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HIS PERSON AND HIS GLASSY EYES. I ASKED THE DEFENDANT WHAT WAS GOING ON. THE DEFENDANT IMMEDIATELY BEGAN TO RAMBLE A BARELY COHERENT STATEMENT, MAKING REFERENCE TO BEING ATTACKED BY THE VICTIM AND BEING HARASSED BY LAW ENFORCEMENT. I ASKED THE DEFENDANT TO STAND BEHIND MY PATROL VEHICLE WHILE I MADE CONTACT WITH THE VICTIM AGAIN. THE DEFENDANT WAS EXTREMELY ARGUMENTATIVE AND DID NOT WANT TO LISTEN TO INSTRUCTIONS. HE CONTINUED TO PACE BACK AND FORTH BEHIND MY PATROL VEHICLE. HE ALSO PERIODICALLY WALKED TOWARD THE VICTIM AND ME AS I INTERVIEWED THE VICTIM. I FINALLY REQUESTED THAT THE DEFENDANT SIT ON GROUND BEHIND MY PATROL VEHICLE IN ORDER TO AVOID CONTINUED INTERRUPTIONS. THE VICTIM ADVISED HE WAS IN THE RESIDENCE WITH SEVERAL OTHER PERSONS. THE VICTIM ADVISED HE HEARD THE DOORBELL BEING RUNG REPEATEDLY. THE VICTIM STATED THE WITNESS WENT TO ANSWER THE DOOR AND WHEN THE WITNESS OPENED THE DOOR, THE DEFENDANT ADVISED HE WAS LOOKING FOR THE VICTIM. THE VICTIM STATED THE WITNESS CLOSED THE DOOR, CAME OVER TO THE VICTIM AND TOLD THE VICTIM THAT THE DEFENDANT WAS OUTSIDE WAITING FOR HIM. THE VICTIM STATED WHEN HE WAS FINALLY ABLE TO MAKE HIS WAY TO THE FRONT DOOR, HE SAW THE DEFENDANT OPEN THE DOOR AND ENTER THE RESIDENCE. THE VICTIM STATED THE DEFENDANT TOOK A SWING AT HIM AND BARELY MISSED HITTING HIM. AT THAT TIME, THE VICTIM STATED HE GAINED AN ADVANTAGE AND SHOVED THE DEFENDANT OUT THE DOOR. THE VICTIM STATED WHEN THE DEFENDANT WAS EXITING THE RESIDENCE HE STUMBLED ACROSS THE THRESHOLD AND FELL TO THE CONCRETE WALKWAY LEADING TO THE FRONT DOOR. THE VICTIM STATED HE CLOSED THE DOOR AND CALLED 9-1-1. I RETURNED TO THE DEFENDANT AND AGAIN ASKED HIM TO EXPLAIN THE EVENTS THAT HAD TAKEN PLACE. THE DEFENDANT AGAIN WAS ARGUMENTATIVE AND CONFRONTATIONAL, NOT ONLY CURSING THE VICTIM BUT CURSING THIS DEPUTY AS WELL. WHEN THE DEFENDANT STOOD UP, I NOTICED WHAT APPEARED TO BE A PIPE, COMMONLY USED TO SMOKE MARIJUANA, ON THE GROUND DIRECTLY BEHIND WHERE THE DEFENDANT HAD BEEN SITTING. PRIOR TO SITTING THE DEFENDANT DOWN IN THAT AREA, THERE WAS NOTHING ON THE GROUND IN THE AREA. WHEN I ASKED THE DEFENDANT ABOUT THE PIPE, HE INITIALLY STATED THE PIPE WAS NOT HIS; HOWEVER, HE DID LATER ADMIT THAT THE PIPE BELONGED TO HIM AND HE HAD BEEN USING IT TO SMOKE MARIJUANA. DUE TO THE VICTIM'S AND THE WITNESS'S STATEMENTS ALONG WITH THE DEFENDANT'S OBVIOUS CONDITION CONCERNING THE CUTS ON HIS FACE AND INTOXICATION, THE DEFENDANT WAS PLACED UNDER ARREST. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. ONCE THE DEFENDANT WAS PLACED IN THE REAR SEAT, HE BECAME MORE ARGUMENTATIVE AND CONFRONTATIONAL. HE SLID AROUND ON HIS BACK AND BEGAN KICKING AT MY PATROL VEHICLE'S REAR PASSENGER SIDE WINDOW. DEPUTY WEST ARRIVED AND TOOK CUSTODY OF THE DEFENDANT DUE TO HIS PATROL VEHICLE HAVING BARS ACROSS THE REAR WINDOW. PRIOR TO TRANSPORT, THE DEFENDANT'S LEGS WERE SECURED USING A VELCRO STRAP. DEPUTY WEST TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE SHIFT SUPERVISOR ADVISED THAT THE DEFENDANT WOULD NEED TO BE MEDICALLY CLEARED BEFORE HE COULD BE ACCEPTED BY THE DETENTION FACILITY. THE DEFENDANT WAS TRANSFERRED TO MY PATROL VEHICLE AND TRANSPORTED TO SEVEN RIVERS REGIONAL MEDICAL CENTER FOR POSSIBLE TREATMENT AND MEDICAL CLEARANCE. ONCE TREATED AND MEDICALLY CLEARED, THE DEFENDANT WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND AGAIN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF BURGLARY WITH ASSAULT/BATTERY, ONE COUNT OF POSSESSION OF DRUG PARAPHERNALIA AND ONE COUNT OF DISORDERLY INTOXICATION. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $25,650.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
