Probable cause affidavit: |
SUBMITTED BY: CLARK, CORRY 0711 (AR11123356) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, LAW ENFORCEMENT OFFICERS, DEPUTY CLARK AND DEPUTY STRICKLAND, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: SUBJECT AGGRESSIVELY WALKED TOWARDS DEPUTIES WITH A HAMMER HANDLE, WITH THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIMS THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.07(2)(C). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CLARK AND DEPUTY STRICKLAND, WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: TO CHECK ON A CALL REFERENCE TO A SUSPICIOUS PERSON, WHILE OFFERING OR DOING VIOLENCE TO THE PERSONS OF SUCH OFFICERS, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. 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 102911, AT APPROXIMATELY 2326 HOURS, I RESPONDED TO 21 WEST GOLDEN STREET IN BEVERLY HILLS IN REFERENCE TO SUSPICIOUS SUSPECT. UPON MY ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MS DAKOTAH STEFFENER. MS STEFFENER STATED THAT THERE WAS A WHITE MALE, THAT CONTINUED TO WALK IN FRONT OF HER RESIDENCE UP TO HER GRASS AND THEN JUST STAND THERE WITHOUT SAYING A WORD AND STARING AT HER. SHE ADVISED THAT HE LIVES TWO HOUSES DOWN THE STREET FROM HER, AND SHE POINTED TO THE LOCATION WHERE A RED SUV WAS PARKED IN THE DRIVEWAY, WHICH WAS DETERMINED TO BE 17 WEST GOLDEN STREET. SHE STATED THAT THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR MICHAEL KING, HAS DONE THIS MULTIPLE TIMES AND SHE STATED THAT IT ALSO OCCURRED THIS EVENING. SHE STATED THAT THIS EVENING THE DEFENDANT STOOD IN FRONT OF HER YARD AND THEN WALKED AWAY. AT THAT TIME, I ADVISED COMPLAINANT I WOULD GO SPEAK WITH THE DEFENDANT. THIS DEPUTY THEN RESPONDED TO 17 WEST GOLDEN STREET. UPON KNOCKING AT THE FRONT DOOR OF THE RESIDENCE, I HEARD WHAT SOUNDED LIKE A LARGE DOG, BARKING IN THE GARAGE. AT THAT TIME, I BEGAN STEPPING BACKWARD DOWN THE DRIVEWAY UNTIL I WAS ABLE TO GET BEHIND THE VEHICLE WHICH WAS LOCATED IN THE DRIVEWAY. I THEN HEARD THE DEFENDANT YELLING AND CURSING INSIDE THE RESIDENCE. AT THAT TIME, I OBSERVED THE DEFENDANT APPEAR FROM THE WEST SIDE OF HIS RESIDENCE, I THEN BEGAN TO WALK UP THE DRIVEWAY APPROACHING THE DEFENDANT, AT WHICH TIME, I TOOK MY FLASHLIGHT AND USED IT TO ILLUMINATE MYSELF FOR THE DEFENDANT TO SEE WHO I WAS. THE DEFENDANT CONTINUED CURSING AND SCREAMING AT ME, WHILE IN AN AGGRESSIVE MANNER AND FAST PACED WALK, HE CONTINUED TOWARDS ME HOLDING WHAT APPEARED TO BE A WOODEN HANDLED HAMMER. I THEN ADVISED THE DEFENDANT WHO I WAS, DEPUTY CLARK, AND I BEGAN WALKING BACKWARDS TOWARDS THE ROADWAY. THE DEFENDANT CONTINUED TO APPROACH ME. I THEN ADVISED THE DEFENDANT MULTIPLE TIMES TO STOP, AND PUT THE HAMMER DOWN. AT THAT TIME, I DREW MY X26 AGENCY ISSUED TAZER, WHERE I ACTIVATED IT ON TO THE DEFENDANT'S ABDOMEN AREA. HE THEN CONTINUED TO WALK TOWARDS ME IN AN AGGRESSI9VE MANNER, STILL IGNORING MY COMMANDS TO STOP AND DROP THE HAMMER. UPON ENTERING ON TO THE ROADWAY, THE DEFENDANT WAS STILL WALKING TOWARDS ME. THIS DEPUTY ONCE AGAIN ORDERED THE DEFENDANT TO STOP BEFORE I TAZERED HIM, AT WHICH TIME, HE DID NOT FOLLOW MY INSTRUCTIONS. AT THAT TIME, I TAZERED THE DEFENDANT, HOWEVER THE DEFENDANT DID NOT DROP TO THE GROUND AND CONTINUED WALKING TOWARDS ME. AS THE DEFENDANT WAS WALKING TOWARDS ME I CONTINUED WALKING BACKWARDS EASTBOUND ON GOLDEN STREET, WHILE I WAS RELOADING MY TAZER CARTRIDGE. THE DEFENDANT THEN FROZE IN THE ROADWAY WHERE I HELD MY TAZER POINTING AT THE DEFENDANT UNTIL DEPUTY STRICKLAND ARRIVED ON SCENE. ONCE DEPUTY STRICKLAND ARRIVED, HE ALSO ORDERED THE DEFENDANT TO PLACE THE HAMMER ON TO THE GROUND, AT WHICH TIME, THE DEFENDANT STARTED WALKING TOWARDS DEPUTY STRICKLAND. DEPUTY STRICKLAND THEN ORDERED THE DEFENDANT TO STOP, WHICH THE DEFENDANT CONTINUED AGGRESSING TOWARDS HIM. DEPUTY STRICKLAND THEN DEPLOYED HIS TAZER, WHICH DID NOT BRING THE DEFENDANT TO THE GROUND. THE DEFENDANT THEN LOOKED AT ME, AND LOOKED BACK AT DEPUTY STRICKLAND, AT WHICH TIME, I GOT BEHIND THE DEFENDANT WRAPPED MY ARMS AROUND THE OUTSIDE OF HIS ARMS AND TACKLED HIM ON TO THE GROUND. AT THAT TIME, THE DEFENDANT WAS THEN PLACED IN HANDCUFFS AND SECURED. UPON SECURING THE DEFENDANT ON THE GROUND, I OBSERVED THE HAMMER NEXT TO THE DEFENDANT, AT WHICH TIME, IT TURNED OUT TO BE A WOODEN HAMMER HANDLE WITHOUT THE ACTUAL HAMMER HEAD. AT THAT TIME, DEPUTY STRICKLAND ADVISED THAT HE SEES BLOOD COMING FROM THE DEFENDANT. DEPUTY STRICKLAND AND I THEN SAT THE DEFENDANT UP, AND OBSERVED THE LEFT EYE AND TEMPLE AREA OF HIS HEAD BLEEDING AND ALSO A LUMP ON THE TOP LEFT PART OF HIS FOREHEAD. WHILE ASSISTING THE DEFENDANT I COULD DETECT A STRONG ODOR OF ALCOHOL EMITTING FROM THE DEFENDANT'S PERSON . AT THAT TIME EMERGENCY MEDICAL SERVICES (EMS), MEDIC UNIT TWO (MD02) RESPONDED ON SCENE. MD02 ADVISED THE DEFENDANT WAS FINE, HOWEVER WOULD POSSIBLY REQUIRE STITCHES. SERGEANT LANE WAS CONTACTED AND ADVISED OF THE SITUATION, WHERE HE THEN RESPONDED TO THE SCENE. ONCE MD02 MEDICALLY CLEARED THE DEFENDANT, I SECURED THE DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED HIM TO CITRUS MEMORIAL HOSPITAL (CMH) FOR FURTHER EVALUATION, DUE TO THE DEFENDANT BEING UNCOOPERATIVE. DEPUTY STRICKLAND REMAINED ON SCENE AND COLLECTED EVIDENCE, AND SWORN WRITTEN STATEMENTS FROM WITNESSES. SEE DEPUTY STRICKLAND'S SUPPLEMENT. ONCE I ARRIVED AT CMH, THE DEFENDANT STATED MULTIPLE TIMES THAT HE WANTED TO FIGHT ME AND THAT HE CAN "KICK MY ASS". ONCE INSIDE THE EMERGENCY ROOM, THE DEFENDANT CALMED DOWN, HE ADVISED HE HAD BEEN DRINKING AND CONSUMED AN UNKNOWN AMOUNT OF GIN. WHILE AT CMH, HE ASKED ME SEVERAL TIMES WHY HE WAS THERE AND ALSO WHAT HAD HAPPENED. I WOULD EXPLAIN TO THE DEFENDANT WHAT HAPPENED, HOWEVER IT APPEARED HE WOULD FORGET. HE STATED THAT THIS INCIDENT WOULD NOT HAVE HAPPENED IF HE HAD NOT BEEN DRINKING. WHILE AT CMH, THE DEFENDANT STATED HIS LEFT HIP HURT AND FELT LIKE A CRAMP, AT WHICH TIME, HE BEGAN LIMPING. I REQUESTED THAT DOCTOR ADAMS CHECK THE DEFENDANT'S HIP AREA, TO WHICH HE STATED THAT HE WAS FINE. THE DEFENDANT STATED IT WAS ONLY A CRAMP AND WAS NOT A CAUSE FROM THIS INCIDENT. DEPUTY CULBERTSON ARRIVED AT CMH, FOR CRIME SCENE TECHNICIAN, SEE CRIME SCENE TECHNICIAN REPORT. THE DEFENDANT WAS NOT COOPERATIVE WITH HOSPITAL STAFF AND REFUSED MEDICAL TREATMENT. DOCTOR ADAMS EVALUATED THE DEFENDANT, AND MEDICALLY CLEARED HIM, AT WHICH TIME, I WAS PROVIDED WITH A DOCTOR'S NOTE. THE DOCUMENT WAS COLLECTED AND A COPY WAS PROVIDED TO THE CITRUS COUNTY DETENTION FACILITY AND ALSO TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS DEPARTMENT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WITHOUT FURTHER INCIDENT. THE DEFENDANT WAS TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY STAFF ALONG WITH HIS PROPERTY. BOND WAS SET $15,150.00 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* |