| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, JASON 0583 (AR10115096) DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE IN VIOLATION OF FLORIDA STATE STATUTE 316.1939(1)(E) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY STRICKLAND, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT WAS GIVEN MULTIPLE VERBAL COMMANDS TO EXIT HIS VEHICLE, AT WHICH TIME HE FAILED TO DO SO, WHERE THE DEFENDANT HAD TO BE PHYSICALLY REMOVED FROM THE VEHICLE AND PLACED ON THE GROUND, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 053010 AT APPROXIMATELY 1930 HOURS I WAS DISPATCHED TO SOUTH BURR TERRACE IN REFERENCE TO A PHYSICAL DOMESTIC DISTURBANCE. WHILE RESPONDING TO THAT ADDRESS, I WAS ADVISED BY DISPATCH THAT THE SUSPECT AND the VICTIM IN THIS CALL HAD LEFT THE RESIDENCE IN A GREEN MINI VAN. WHERE AT that TIME I WAS ON SOUTH PLEASANT GROVE ROAD, ADJACENT TO THE FORESTRY FIRE TOWER, WHERE I OBSERVED A GREEN MINI VAN HEADING NORTH ON PLEASANT GROVE ROAD. AT WHICH TIME I MADE A U-TURN AND BEGAN ATTEMPTING TO CATCH UP TO THE VEHICLE. ONCE I CRESTED THE HILL AT THE INTERSECTION OF SOUTH PLEASANT GROVE ROAD AND PUBLIC WORKS ROAD, I OBSERVED THAT GREEN MINI VAN TO PASS ANOTHER VEHICLE IN A DOUBLE SOLID LINE IN the AREA ADJACENT TO PLEASANT GROVE ELEMENTARY SCHOOL, WHERE I FINALLY CAUGHT UP TO THE VEHICLE AT THE INTERSECTION OF SOUTH PLEASANT GROVE ROAD AND MAIN STREET. WHERE I ALREADY HAD MY OVERHEAD EMERGENCY LIGHTS AND EMERGENCY SIREN ACTIVATED. I THEN EXITED MY VEHICLE WHERE SERGEANT LANE THEN PULLED HIS PATROL VEHICLE IN FRONT OF THE GREEN MINI VAN. AT WHICH TIME I THEN DREW MY AGENCY ISSUED SIDE ARM AND APPROACHED THE VEHICLE IN A SAFE MANNER. ONCE I REACHED THE DRIVER DOOR OF THE VEHICLE, AND HAVING MY SIDE ARM AT THE LOW READY POSITION, I OPENED THE DRIVER SIDE DOOR AND ADVISED the DRIVER/DEFENDANT, LATER IDENTIFIED AS MR MICHAEL YORTON, TO SHOW ME HIS HANDS AND TO STEP OUT OF THE VEHICLE, WHERE I NOTICED THAT THE DEFENDANT DID NOT HAVE ANYTHING IN HIS HANDS, AT WHICH TIME I TOOK MY SIDE ARM FROM THE LOW READY POSITION AND RE-HOLSTERED IT. I THEN GRABBED THE DEFENDANT'S LEFT WRIST WITH MY RIGHT HAND AND REACHED ACROSS HIM TO UNBUCKLE THE SEATBELT. AT WHICH TIME I ADVISED THE DEFENDANT TO STEP OUT OF THE VEHICLE, MULTIPLE TIMES. AT WHICH HE REFUSED TO DO SO, WHERE HE KEPT ASKING THIS DEPUTY "WHAT THE FUCK MY PROBLEM WAS". AT THAT TIME, SERGEANT LANE THEN GRABBED THE DEFENDANT'S RIGHT ARM, WHERE WE THEN PULLED THE DEFENDANT OUT OF HIS VEHICLE AND PLACED HIM ON the ROADWAY, WHERE HE WAS IMMEDIATELY SECURED IN HANDCUFFS DOUBLE LOCKED BEHIND THE BACK. WHILE ASSISTING THE DEFENDANT IN EXITING HIS VEHICLE, I NOTICED THE DEFENDANT TO HAVE A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. ONCE THE DEFENDANT WAS ASSISTED UP OFF OF THE ROADWAY, HE WAS THEN SECURED IN the REAR OF MY PATROL VEHICLE. AT THAT TIME THE DEFENDANT WAS ASKED IF HE HAD HAD ANY ALCOHOLIC BEVERAGES, TO which HE STATED "GO FUCK YOURSELF" TO ME. AT THAT TIME, DUE TO THE INTERSECTION BEING BLOCKED, THE DEFENDANT'S VEHICLE WAS THEN MOVED OVER TO THE ABC PARKING LOT WHERE MYSELF AND THE DEFENDANT ALSO RELOCATED TO, SO THAT FURTHER INVESTIGATION COULD BE CONDUCTED IN REFERENCE TO THE DOMESTIC BATTERY CALL. WHILE CONDUCTING OUR INVESTIGATION, WE SPOKE WITH the PASSENGER OF THE VEHICLE, WHO IS the DEFENDANT'S WIFE, WHERE SHE ADVISED THEY WERE ONLY IN A VERBAL ARGUMENT AT THEIR RESIDENCE ON BURR TERRACE AND SHE ALSO STATED that SHE AND HER HUSBAND/THE DEFENDANT HAD BEEN DRINKING DURING this ALTERCATION. AT THAT TIME THE DEFENDANT'S VEHICLE WAS THEN PARKED IN ABC PARKING LOT, WHERE HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE IN TRANSPORT, I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) AND RESISTING AN OFFICER WITHOUT VIOLENCE. WHERE I ATTEMPTED TO READ THE DEFENDANT HIS MIRANDA WARNING AND COMPLIED CONSENT WARNING VIA PRE PRINTED CARD, WHERE THE DEFENDANT KEPT TELLING ME TO "JUST GO FUCK MYSELF". UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY I WAS ADVISED BY DETENTION OFFICER SOTA THAT THE DEFENDANT REFUSED TO PERFORM FIELD SOBRIETY TASKS, BUT DID GIVE A SAMPLE OF HIS BREATH WITH HIS BLOOD ALCOHOL VOLUME OF .141 FOR ONE SAMPLE, BUT REFUSED TO COOPERATE WITH THE OPERATOR TO GIVE ANOTHER SAMPLE. WHILE AT THE DETENTION FACILITY, THE DEFENDANT RECEIVED FLORIDA TRAFFIC CITATION, NUMBER 9232EVX, FOR IMPROPER PASSING WITH A FINE OF $131.00 PAYABLE WITHIN 30 DAYS. HE ALSO RECEIVED A FLORIDA DUI TRAFFIC CITATION, NUMBER 6903XDO, FOR REFUSAL TO SUBMIT TO A SAMPLE OF HIS BREATH, WITH A MISDEMEANOR COURT DATE OF 061710 AT 1300 HOURS. THE DEFENDANT'S BOND WAS THEN SET AT $1,000.00 PER THE BOND SCHEDULE FOR BOTH CHARGES. IT SHOULD BE NOTED THAT THE ENTIRE INCIDENT WAS RECORDED FROM DEPUTY HOWARD'S IN-CAR VIDEO SYSTEM, WHICH WILL LATER BE TURNED IN TO EVIDENCE. *NOT-EXEMPT* |
