| Probable cause affidavit: |
SUBMITTED By: HUNTER, JEFFERY 0441 (AR11118856) did knowingly, actually and intentionally touch or strike DEPUTY HUNTER, a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY HUNTER, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: SECURING A CRIME SCENE, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 011611, AT 2213 HOURS, I WAS DISPATCHED TO THE AREA OF 154 NORTH SAVARY AVENUE; IN REFERENCE TO A BATTERY CALL INVOLVING A FIREARM. UPON ARRIVAL MYSELF, DEPUTY DIXON, DEPUTY DEARDEN, AND DEPUTY INDORATO MADE CONTACT WITH A WHITE MALE SUBJECT IN THE FRONT YARD OF THE RESIDENCE, MR DANIEL RICE. DEPUTY DEARDEN INTERVIEWED THE SUBJECT IN REFERENCE TO THE BATTERY CALL. DEPUTY DEARDEN AND DEPUTY INDORATO THEN BEGAN TO UTILIZE CANINE TYSON IN A TRACK OF THE AREA FOR THE SUSPECT. DEPUTY DIXON RETURNED TO HIS PATROL VEHICLE AND I STOOD BY WITH MR RICE IN THE FRONT YARD. SHORTLY THEREAFTER, I OBSERVED A WHITE VAN PROCEEDING SOUTH ON SAVARY AT A HIGH RATE OF SPEED TOWARDS OUR LOCATION. THE VAN CONTINUED AT A HIGH RATE OF SPEED AND MANEUVERED AROUND DEPUTY DEARDEN'S VEHICLE IN ORDER TO ENTER THE FRONT YARD OF THE RESIDENCE BEFORE COMING TO A STOP. DUE TO THE ERRATIC NATURE OF THE VEHICLE'S MOVEMENT AND THE NATURE OF THE ORIGINAL BATTERY CALL, I WAS ALARMED. I ORDERED MR RICE WHO WAS STANDING BETWEEN ME AND THE VEHICLE TO MOVE AWAY FROM THE VEHICLE AND I BEGAN TO APPROACH IT. THE VEHICLE'S HEADLIGHTS WERE STILL ON AND PREVENTED ME FROM SEEING CLEARLY, WHO OR WHAT WAS INSIDE THE VEHICLE. AS I APPROACHED, A WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR MICHAEL ZARRO, EXITED THE VEHICLE. THE DEFENDANT WAS HIGHLY AGITATED AND APPROACHED ME IN A HOSTILE MANNER WITH HIS ARMS BOWED. I TOLD THE DEFENDANT TO HOLD IT AND THE DEFENDANT STATED, "FUCK YOU THIS IS MY HOUSE, I CAN DO WHAT I WANT". THE DEFENDANT THEN ATTEMPTED TO MOVE TOWARD THE FRONT ENTRANCE OF THE HOME NEAR WHERE MR RICE WAS STANDING. IT SHOULD BE NOTED, AT THIS POINT THE RESIDENCE HAD NOT YET BEEN CLEARED AND IT WAS UNKNOWN WHETHER THE SUSPECT WHO WAS POTENTIALLY ARMED WAS INSIDE. ADDITIONALLY, DEPUTY DEARDEN AND CANINE TYSON WERE STILL TRACKING IN THE AREA AND I WAS UNCERTAIN OF THEIR EXACT LOCATION. THE RESIDENCE WAS ALSO A POTENTIAL CRIME SCENE AT THAT TIME. I TOLD THE DEFENDANT TO STOP AND LAID MY LEFT HAND ON HIS LEFT ARM. THE DEFENDANT PULLED FREE FROM ME AND CONTINUED MOVING TOWARDS THE HOME. I PLACED BOTH HANDS ON THE DEFENDANT'S SHOULDERS AT THAT POINT IN ORDER TO PLACE HIS HANDS ON MY PATROL VEHICLE. THE DEFENDANT AGAIN BROKE AWAY FROM ME. I THEN GRABBED ONTO THE DEFENDANT AND ADVISED HIM HE WAS UNDER ARREST FOR OBSTRUCTION AND ORDERED HIM TO THE GROUND. THE DEFENDANT CONTINUED TO STRUGGLE WITH ME AND WAS ASSISTED TO THE GROUND. HE RESISTED THROUGHOUT THE ENTIRE HANDCUFFING PROCEDURE. THE DEFENDANT WAS THEN PLACED UNDER ARREST AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, I OPENED THE REAR DOOR OF MY PATROL VEHICLE AND ASKED THE DEFENDANT IF HE NEEDED ASSISTANCE GETTING OUT AND HE STATED, "DON'T FUCKING TOUCH ME". THE DEFENDANT THEN EXITED THE VEHICLE, STOOD UPRIGHT AND LOOKED ME DIRECTLY IN THE EYE AND STATED "OH, EXCUSE ME", AND THEN RAN INTO ME FULL FORCE KNOCKING ME BACK TWO STEPS. I PLACED THE DEFENDANT AGAINST THE TRUNK OF MY PATROL VEHICLE AND REQUESTED ASSISTANCE FROM DETENTION FACILITY STAFF WHO ESCORTED THE DEFENDANT INTO FACILITY. THE DEFENDANT WAS CHARGED WITH RESISTING WITHOUT VIOLENCE AND BATTERY ON A LAW ENFORCEMENT OFFICER. THE DEFENDANT'S TOTAL BOND WAS SET AT $5,500.00, 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* |
