| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR13-5146) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DETECTIVE BERGEN, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: DID FLEE FROM THIS DETECTIVE WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: FIVE 8 MG DILAUDID TABLETS, DILAUDID IS A NAME BRAND OF THE CONTROLLED SUBSTANCE HYDROMORPHONE WHICH IS A SCHEDULE 2 CONTROLLED SUBSTANCE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 040913, DETECTIVE MARSHALL AND I WERE PATROLLING THE AREA OF THE INVERNESS HIGHLANDS. RECENTLY THE TACTICAL IMPACT UNIT HAD RECEIVED NUMEROUS COMPLAINTS OF DRUG ACTIVITY IN THE AREA. AT APPROXIMATELY 1558 HOURS, WHILE TRAVELING DOWN ORCHID STREET, WE OBSERVED A SCHOOL BUS PULLING AWAY FROM A STOP WHERE IT HAD JUST DROPPED OFF TWO MIDDLE SCHOOL AGED CHILDREN. ALSO NEAR THE BUS STOP WE SAW A WHITE MALE WHO APPEARED TO BE IN HIS 30âS WEARING DARK CLOTHING AND CARRYING A BACKPACK, WALK OUT OF THE WOOD LINE AND START WALKING DOWN ORCHID STREET. WE THEN TURNED OUR VEHICLE (AN UNMARKED FORD EXPLORER) AROUND AND STOPPED ON THE SIDE OF THE ROAD. AS I WAS STOPPING THE VEHICLE, I OBSERVED IN MY SIDE VIEW MIRROR THAT THE WHITE MALE WAS STARING AT MY VEHICLE AND REACHED IN TO HIS FRONT LEFT PANTS POCKET. I TOLD DETECTIVE MARSHALL TO BE CAREFUL BECAUSE IT LOOKED AS THOUGH HE MAY HAVE HIS HAND ON A WEAPON IN HIS POCKET. WE THEN EXITED THE VEHICLE AND IDENTIFIED OURSELVES AS LAW ENFORCEMENT OFFICERS, AND I ASKED THE SUSPECT IF HE MINDED IF WE TALKED TO HIM FOR A SECOND. ONCE HE RECOGNIZED THAT WE WERE LAW ENFORCEMENT HE IMMEDIATELY TOOK HIS HAND OUT OF HIS POCKET, STOPPED WALKING AND TOOK APPROXIMATELY THREE STEPS TOWARD US, WHICH I TOOK TO MEAN HIS COMPLIANCE TO MY REQUEST. I THEN APPROACHED HIM AND ASKED WHAT HIS NAME WAS AND WHY HE WAS REACHING IN HIS POCKET. HE STATED THAT HE WAS REACHING IN HIS POCKET BECAUSE HE DID NOT KNOW WE WERE LAW ENFORCEMENT OFFICERS. HE THEN SAID THAT HIS NAME WAS MURPHY. THROUGHOUT THIS SHORT EXCHANGE HE KEPT HIS LEFT HAND CLOSE TO HIS PANTS POCKET AS IF HE WERE GUARDING SOMETHING. I COULD SEE A LARGE BULGE IN HIS POCKET AND I BELIEVED FIRMLY AT THAT TIME THAT THE SUSPECT HAD A WEAPON CONCEALED THERE. I THEN ASKED HIM DIRECTLY IF HE HAD A GUN IN HIS PANTS POCKET. AT THAT TIME, HE SUDDENLY REACHED FOR HIS POCKET DROPPED HIS BACK PACK AND BEGAN FLEEING FROM ME DOWN VIOLET STREET. THE SUSPECT RAN APPROXIMATELY TEN FEET, AT WHICH TIME HE REACHED IN HIS POCKET, REMOVED A BOTTLE OF PILLS AND THREW IT TO THE GROUND. DETECTIVE MARSHALL AND I GAVE CHASE, AND DETECTIVE MARSHALL DEPLOYED HIS AGENCY ISSUED TASER WHICH MISSED THE SUSPECT. DETECTIVE MARSHALL RELOADED HIS TASER AS WE WERE RUNNING AND ATTEMPTED ANOTHER SHOT WHICH MISSED. THE SUSPECT AT THAT TIME WAS RUNNING ACROSS TULIP STREET. THE SUSPECT AND DETECTIVE MARSHALL ENTERED THE WOOD LINE ON THE SOUTH SIDE OF TULIP STREET AND AS I APPROACHED. I OBSERVED THE SUSPECT SPIN AROUND AND FACE DETECTIVE MARSHALL IN A CHALLENGING MANNER. I THEN DEPLOYED MY TASER STRIKING THE SUSPECT IN THE TORSO. THE SUSPECT WAS THEN TAKEN INTO CUSTODY. WE THEN STOOD THE SUSPECT UP AND AS WE WALKED BACK TO WHERE OUR VEHICLE WAS, THE SUSPECT WAS SPONTANEOUSLY YELLING THAT HE JUST HAS A PILL PROBLEM. HE ALSO WITHOUT QUESTIONING SAID âYOUâRE REALLY GOING TO ARREST ME FOR THREE LITTLE PILLSâ. HE CONTINUED TO YELL THAT HE DID NOT HAVE A CRIMINAL RECORD AND HE JUST HAD A FEW PILLS WITH HIM. ONCE WE REACHED OUR VEHICLE, I LEFT THE SUSPECT IN THE CARE OF DETECTIVE MARSHALL AND WALKED TO WHERE THE PILLS WERE SCATTERED ON THE GROUND. THERE I FOUND A GREEN PILL BOTTLE WITH THE LABEL TORN OFF, A WHITE PILL BOTTLE LID AND FIVE DILAUDID 8MG TABLETS. I WALKED BACK OVER TO WHERE DETECTIVE MARSHALL AND THE SUSPECT WERE AND THE SUSPECT ASKED ME âHOW MANY DID YOU FIND, JUST THREE?â. DEPUTY BEETOW ARRIVED ON SCENE AND TRANSPORTED THE DEFENDANT, WHO WAS IDENTIFIED AS MR MICHAEL MURPHY, TO THE CITRUS COUNTY DETENTION FACILITY. UPON MY ARRIVAL HE WAS CHARGED WITH ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE AND ONE COUNT OF RESISTING ARREST WITHOUT VIOLENCE WITH HIS TOTAL BOND SET AT $5,500.00, PER THE BOND SCHEDULE. |
