| Probable cause affidavit: |
SUBMITTED BY: GERENA, GABRIEL 1361 (AR16-19673) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: WALLACE BROOKS PARK, THE PROPERTY OF THE CITY OF INVERNESS, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTE 810.08(1). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY GERENA (1361) AND DEPUTY CLARK (0711), WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT TOOK OFF RUNNING, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 053116, AT APPROXIMATELY 1825 HOURS, I WAS DISPATCHED TO WALLACE BROOKS PARK LOCATED AT 321 EAST DAMPIER STREET, IN INVERNESS, IN REFERENCE TO MULTIPLE JUVENILES AT THE PARK CAUSING A DISRUPTION. UPON ARRIVAL, DEPUTY CLARK (0711) WAS ALREADY ON SCENE AND HAD ATTEMPTED SEVERAL TIMES TO GET THE JUVENILES TO LEAVE THE PREMISES FOR THE DAY DUE TO THEM LOITERING, USING PROFANITY IN FRONT OF PARENTS AND THEIR CHILDREN, BEING VERY DISRUPTIVE, AND LITTERING. ONCE I ARRIVED ON SCENE, ALL OF THE JUVENILES BEGAN TO LISTEN AND DECIDED TO LEAVE THE PARK FOR THE DAY, EXCEPT FOR THE DEFENDANT, MR NATHAN JAMES, AND HIS GIRLFRIEND, SHAUNA CARPENTER. DEPUTY CLARK AND I TOLD THE DEFENDANT AND SHAUNA THAT THEY MUST LEAVE DUE TO MULTIPLE WITNESSES ON SCENE POINTING THEM OUT FOR DISRUPTING THE PEACE AT THE PARK AND FOR THEIR FOUL LANGUAGE. I ADVISED THE DEFENDANT AND SHAUNA SEVERAL TIMES TO LEAVE IN AN ATTEMPT TO AVOID HAVING TO TRESPASS THEM. THE DEFENDANT AND SHAUNA ADVISED DEPUTY CLARK AND ME THAT THEY WOULD NOT LEAVE, WHILE USING PROFANITIES TOWARDS US. I ADVISED THE DEFENDANT AND SHAUNA THAT SINCE THEY WERE NOT WILLING TO LEAVE, I WOULD BE TRESPASSING THEM FROM THE PARK. I THEN ADVISED THE DEFENDANT AND SHAUNA THAT I NEEDED THEIR INFORMATION. AS THE DEFENDANT WAS IN THE PROCESS OF PROVIDING ME HIS NAME, SHAUNA CUT HIM OFF AND TOLD HIM ''DON'T SAY A FUCKING WORD. WE DON'T HAVE TO DO SHIT.'' I ADVISED SHAUNA THAT THEY MUST PROVIDE THEIR INFORMATION DUE TO THEM BEING TRESPASSED, TO WHICH SHE ADVISED ''WE WILL NOT TELL YOU ANYTHING.'' I GAVE SHAUNA MULTIPLE WARNINGS THAT SHE WOULD BE ARRESTED FOR OBSTRUCTION DUE TO NOT PROVIDING THE NECESSARY INFORMATION FOR THE TRESPASS FORM. SHAUNA STILL STATED THAT SHE WOULD NOT PROVIDE ANY INFORMATION AND THAT WE COULD NOT ARREST HER. I THEN ADVISED SHAUNA THAT SHE WAS BEING PLACED UNDER ARREST FOR OBSTRUCTION AND ADVISED HER SEVERAL TIMES TO TURN AROUND AND PLACE HER HANDS BEHIND HER BACK. SHAUNA STATED NO ONCE AGAIN AND THEN FLED ON FOOT. I PURSUED AFTER HER AND STOPPED WHEN SHE JUMPED IN THE LAKE. SHE THEN STATED THAT WE COULD NOT GET HER DUE TO HER BEING IN THE LAKE. WHILE PURSUING SHAUNA, THE DEFENDANT ALSO FLED ON FOOT FOLLOWING SHAUNA AND JUMPING INTO THE LAKE. DEPUTY CLARK AND I ADVISED THE DEFENDANT AND SHAUNA TO GET OUT OF THE WATER. WE ADVISED THEM THAT THEY WERE BOTH BEING PLACED UNDER ARREST FOR RESISTING WITHOUT VIOLENCE AND TRESPASS AFTER WARNING. THE DEFENDANT AND SHAUNA ADVISED US THAT THEY WOULD NOT GET OUT OF THE LAKE AND STATED THAT WE COULD NOT ARREST THEM, WHILE STILL USING PROFANITY IN FRONT OF PARENTS AND CHILDREN WHO WERE AT THE PARK. THE DEFENDANT AND SHAUNA EVENTUALLY STATED THEY WERE TIRED OF BEING IN THE WATER AND STATED THEY WOULD EXIT THE WATER AND NOT GIVE US ANY ISSUES. THE DEFENDANT AND SHAUNA THEN EXITED THE WATER AND BEGAN TO WALK TOWARDS ME. AT THAT TIME, DEPUTY CLARK PLACED THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. AT THAT POINT, I ADVISED THE DEFENDANT AGAIN WHY HE WAS BEING PLACED UNDER ARREST AND WHAT THE CHARGES WERE. THE DEFENDANT STATED MULTIPLE TIMES THAT HE DID NOT CARE AND THAT WE COULD NOT PLACE HIM UNDER ARREST, WHILE USING PROFANITY. THE DEFENDANT WAS THEN SECURED IN THE REAR OF MY PATROL VEHICLE. I THEN ATTEMPTED TO SPEAK TO THE REMAINDER OF THE JUVENILE WITNESSES THAT WERE STILL ON SCENE; HOWEVER, THEY STATED THEY DID NOT WISH TO PROVIDE STATEMENTS. I APPROACHED WITNESS, MR JEFFERY CARRIER, AND HIS SON, ALEX CARRIER. I ASKED THEM IF THEY SAW WHAT OCCURRED, TO WHICH THEY STATED YES. MR CARRIER STATED DEPUTY CLARK ASKED SEVERAL SUBJECTS TO LEAVE THE DOCK AREA, BUT ONE MALE SUBJECT (DEFENDANT) USED FOUL LANGUAGE TOWARDS DEPUTY CLARK AND STATED THAT HE WOULD NOT LEAVE. MR CARRIER STATED THAT A FEMALE SUBJECT (SHAUNA) PROCEEDED TO DO THE SAME THING AS MR JAMES. MR CARRIER STATED THE TWO SUBJECTS THEN RAN AWAY FROM THE DEPUTIES, JUMPED INTO THE WATER, AND STATED THEY WOULD NOT EXIT THE WATER OR FAIL. MR CARRIER STATED THAT AFTER SOME TIMES BOTH SUBJECTS EXITED THE WATER AND CONTINUED TO CURSE AT THE DEPUTIES. BOTH SUBJECTS WERE THEN PLACED IN HANDCUFFS. ALEX CARRIER (WITNESS) STATED HE HEARD A MALE SUBJECT USING A LOT OF PROFANITY. HE STATED HE OBSERVED DEPUTY CLARK ASK THE SUBJECTS TO LEAVE, TO WHICH THEY BOTH STATED NO. HE ADVISED THE SUBJECTS WERE VERY RUDE TO THE DEPUTIES. HE STATED HE SAW BOTH SUBJECTS RUN AWAY FROM THE DEPUTIES, JUMP INTO THE WATER, AND STATE 'COME SWIM' TO THE DEPUTIES. ALEX STATED ONCE THE SUBJECTS EXITED THE WATER THEY TRIED TO RUN AWAY, BUT COULD NOT. AFTER SPEAKING TO THE WITNESSES, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00 FOR TRESPASS AFTER WARNING AND $1,000.00 FOR RESISTING AND OFFICER WITHOUT VIOLENCE. THE DEFENDANT 'S TOTAL BOND WAS SET AT $1,500.00 PER THE BOND SCHEDULE. |
