| Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1342 (AR15-16890)(15-136860) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE TO WIT: THE EXTERIOR PROPERTY OF WINN-DIXIE, AT 3565 NORTH LECANTO HIGHWAY THE PROPERTY OF THE VICTIM WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LEASE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUE 810.09(1)(A). ON 101815, AT APPROXIMATELY 1900 HOURS, I WAS DISPATCHED TO THE WINN-DIXIE, LOCATED AT 3565 NORTH LECANTO HIGHWAY, IN BEVERLY HILLS, IN REFERENCE TO AN INTOXICATED SUBJECT POSSIBLY EXPOSING HIS GENITALS. UPON ARRIVAL, I MADE CONTACT WITH A STORE EMPLOYEE WHO ADVISED ME THAT THE MAN HAD SINCE LEFT THE STORE, BUT THERE WAS A DEPUTY OUT THERE PRIOR, ALONG WITH EMERGENCY MEDICAL SERVICES SPEAKING WITH HIM BEFORE I ARRIVED. THE STORE EMPLOYEE INFORMED ME THE GENTLEMAN FREQUENTS THE STORE ON A REGULAR BASIS, AND WAS KNOWN TO THEM AS âMIKEâ. I THEN MADE CONTACT WITH DEPUTY FISHER (1335) AND READ THE CALL SCREEN FOR WHEN HE WAS OUT THERE PRIOR TO MY ARRIVAL, INCIDENT NUMBER 2015-136843. THE DESCRIPTION ON THE SUBJECT THAT WAS ON DEPUTY FISHERâS CALL AND MY CALL APPEARED TO BE SIMILAR, REFERRING TO THE SAME PERSON. I THEN MADE CONTACT WITH DEPUTY FISHER VIA TELEPHONE WHO INFORMED ME HE HAD DEALT WITH THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT MR MICHAEL LEWANDOWSKI, SITTING ON A BENCH OUT FRONT OF THE WINN-DIXIE. DEPUTY FISHER INFORMED ME HE WAS HEAVILY INTOXICATED AND URINATED IN HIS PANTS WHILE HE WAS THERE. DEPUTY FISHER THEN PROVIDED ME WITH THE DEFENDANTâS DRIVER'S LICENSE IDENTIFICATION NUMBER. AT THAT TIME I RESEARCHED IN THE AEGIS SYSTEM WHERE I LEARNED THAT THE DEFENDANT HAD BEEN ARRESTED IN THE PAST FOR TRESPASSING AT THE SAME LOCATION. AT THAT TIME I RAN THE DEFENDANTâS IDENTIFICATION NUMBER THROUGH THE CITRUS COUNTY SHERIFF'S OFFICE TELETYPE WHO CONFIRMED THE DEFENDANT WAS STILL TRESPASSED FROM THIS LOCATION. DEPUTY FISHER INFORMED ME HE WOULD SUPPLEMENT MY CASE FOR WHEN HE HAD DEALT WITH THE DEFENDANT. DEPUTY FISHER WAS UNAWARE AT THAT TIME THE DEFENDANT HAD BEEN TRESPASSED FROM THAT LOCATION. AT THAT TIME I RESPONDED TO 503 SOUTH JEFFERSON STREET, IN BEVERLY HILLS, WHERE I MADE CONTACT WITH THE DEFENDANT AND IDENTIFIED HIM BY HIS FLORIDA IDENTIFICATION CARD. THE DEFENDANT APPEARED TO BE HEAVILY INTOXICATED FROM HIS SLURRED SPEECH, ALONG WITH THE ODOR OF ALCOHOL EMITTING FROM HIS PERSON. THE DEFENDANT INFORMED ME HE WAS AT WINN-DIXIE A SHORT TIME PRIOR ON TODAYâS DATE AND HE HAD DEALT WITH A DEPUTY WHILE HE WAS THERE. I INFORMED THE DEFENDANT HE WAS STILL CURRENTLY TRESPASSED FROM WINN-DIXIE AT THAT LOCATION, TO WHICH HE STATED HE WAS AWARE AND HE KNEW HE WAS NOT SUPPOSED TO BE THERE. AT THAT TIME I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR TRESPASS AFTER WARNING. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY AND CHARGED HIM WITH ONE COUNT OF TRESPASS ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE, WITH A BOND SET AT $1,000.00, PER THE BOND SCHEDULE. |
