| Probable cause affidavit: |
SUBMITTED BY: INDORATO, THOMAS 0712 (AR13-5580) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY INDORATO, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT BEGAN TO SHOVE HIS ELBOWS IN A ROTATING MOTION WHILE I HAD CONTROL OF THE DEFENDANT AND THE DEFENDANT ALSO PUSHED IN A MOTION TRYING TO GET AWAY FROM THIS DEPUTY WITH OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: THE DEFENDANT WAS TOLD MULTIPLE TIMES TO LEAVE THE PREMISES WHICH HE FAILED TO DO SO ON THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.08(1) AND 810.08(2)(B). ON 051113 AT APPROXIMATELY 2130 HOURS, WHILE AT AN OFF DUTY DETAIL LOCATED AT THE ROCK CRUSHER CANYON CONCERT, I WAS APPROACHED BY A BYSTANDER. THE FEMALE SUBJECT ADVISED THAT THE DEFENDANT MICHAEL POSEY WAS WITH ANOTHER FEMALE SUBJECT SITTING IN THE SAME VICINITY THAT THEIR SEAT WAS LOCATED. THE BYSTANDER STATED THAT THE DEFENDANT WAS TOSSING BEER IN THE AIR LANDING ON MULTIPLE PEOPLE AROUND THEIR SEATS AND WAS VERY UNSTEADY ON HIS FEET FALLING ONTO PEOPLE, WHO WERE TRYING TO ENJOY THE CONCERT. THE BYSTANDER ADVISED THAT THE DEFENDANT WAS HIGHLY INTOXICATED AND WAS TOLD MULTIPLE TIMES BY PEOPLE AROUND HIM TO STOP THROWING BEER AND TO SIT DOWN. THE BYSTANDER WALKED ME TO WHERE THE DEFENDANT WAS LOCATED AND POINTED OUT THE DEFENDANT, WHO WAS CURRENTLY FALLING INTO OTHER PEOPLEâS CHAIRS AND WAS VERY UNSTEADY ON HIS FEET. UPON MAKING CONTACT WITH THE DEFENDANT, I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND HAD VERY SLURRED SPEECH. I ADVISED THE DEFENDANT THAT HE NEEDED TO CALM DOWN AND STOP BOTHERING THE PEOPLE AROUND HIS SEAT, TO WHICH THE DEFENDANT STATED âNO, THAT HE WAS HAVING FUNâ. I THEN TOLD THE DEFENDANT THAT HE NEEDED TO LEAVE THE PREMISES, WHICH THE DEFENDANT STATED âFINE, I WILL LEAVEâ AND WHILE WALKING BETWEEN THE AISLE, THE DEFENDANT BEGAN TO PUSH AND SHOVED MULTIPLE CHAIRS INTO OTHER CHAIRS AND BEGAN TO FALL INTO BYSTANDERS. WHILE WALKING THE DEFENDANT OUT TOWARDS THE FRONT ENTRANCE, THE DEFENDANT TURNED BACK TOWARDS HIS PREVIOUS LOCATION IN AN ATTEMPT TO WALK BACK TOWARDS HIS SEAT. I TOLD THE DEFENDANT MULTIPLE TIMES THAT HE IS TRESPASSED AND IF HE DID NOT LEAVE THE PREMISES HE WOULD BE ARRESTED FOR TRESPASSING AFTER WARNING. THE DEFENDANT BEGAN TO BALL UP HIS FISTS AND TURNED BACK TOWARDS ME IN AN AGGRESSIVE MANNER. I THEN TOOK CONTROL OF THE DEFENDANTâS SHIRT AND CONTINUED TO ESCORT THE DEFENDANT OUT OF THE PARK. THE DEFENDANT BEGAN TO SWING HIS ARMS IN A ROTATING MANNER AGGRESSIVELY TRYING TO KNOCK MY ARM AWAY. THE DEFENDANT THEN PUSHED ME AWAY IN A SHOVING MOTION AND BEGAN TO GRAB THE FRONT OF MY VEST. I THEN CONTINUED TO FORCIBLY MOVE THE DEFENDANT TOWARDS THE FRONT ENTRANCE. THE DEFENDANT THEN GRABBED MY RIGHT ARM AND BEGAN TO STIFFEN UP HIS BODY AND HAD FALLEN TO THE GROUND. OTHER DEPUTIES AND I ATTEMPTED TO PLACE HIS HANDS BEHIND HIS BACK, WHEN HE STIFFENED HIS ARMS UP IN A BALLING MOTION UNDER HIS BODY. THE DEFENDANT WAS ADVISED TO STOP RESISTING MULTIPLE TIMES AND SHORTLY LATER, I WAS ABLE TO GET ONE ARM BEHIND HIS BACK ONE AT A TIME PLACING HIM IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANT WAS ESCORTED OFF THE PROPERTY, PATTED DOWN AND THEN SEARCHED FOR WEAPONS, WHICH MET WITH NEGATIVE RESULTS. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF TRESPASS AFTER WARNING AND ONE COUNT OF RESISTING ARREST WITH VIOLENCE. THE DEFENDANT WAS PLACED IN THE REAR SEAT OF DEPUTY SUDLOWâS PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT A TOTAL OF $5,500.00 PER THE BOND SCHEDULE. ON THE DEFENDANTâS PERSON, I LOCATED $250.00 IN CASH, WHICH WAS COUNTED IN FRONT OF DEPUTY DOWLING AT THE DETENTION FACILITY. THE DEFENDANTâS PROPERTY INCLUDED THE DEFENDANTâS DRIVER'S LICENSE, $250.00 IN CASH, A MILLER LITE COOZIE, PACK OF WINSTON CIGARETTES AND A PURPLE LIGHTER, WHICH WERE TURNED OVER TO DETENTION STAFF. |
