| Probable cause affidavit: |
SUBMITTED BY: CRUZ, ABNER 0517 (AR11123688) did commit certain acts which are of such a nature as to corrupt the public morals or outrage the sense of public decency or affect the peace and quiet of a person who may witness them, or did engage in brawling or fighting, or in such conduct as to constitute a breach of the peace or disorderly conduct, in that THE DEFENDANT WAS AGITATED AND SCREAMING OBSCENITIES AT THE EMERGENCY ROOM STAFF AND did RIP THE INTRAVENOUS TUBING OUT OF HIS ARM, in violation of Florida Statute 877.03; ON 112611, I RESPONDED TO SEVEN RIVERS HOSPITAL AT THE REQUEST OF DEPUTY RICCI TO OBTAIN A STATEMENT FROM MR NEAL PAAR. PRIOR TO MY ARRIVAL, I WAS ADVISED BY DISPATCH THAT THE SUBJECT/DEFENDANT THAT I WAS GOING TO OBTAIN A STATEMENT FROM HAD RIPPED HIS INTRAVENOUS TUBE OUT AND HAD BECOME AGITATED AND WAS SCREAMING OBSCENITIES AT THE EMERGENCY ROOM STAFF. UPON ARRIVAL, I OBSERVED THE DEFENDANT STANDING IN THE NURSES STATION USING THE TELEPHONE. I ALSO OBSERVED THAT THERE WAS BLOOD ON THE FLOOR AND THE COUNTER TOP IN THE EMERGENCY ROOM, WHERE THE DEFENDANT WAS STANDING. I ASKED THE DEFENDANT TO HANG UP THE TELEPHONE. I ASKED HIM WHY HE HAD RIPPED THE INTRAVENOUS TUBING OUT AND WHY HE WAS SCREAMING AT NURSING STAFF. THE DEFENDANT STATED IT WAS BECAUSE THEY WERE CHARGING HIM $150.00 FOR THE INTRAVENOUS HE HAD RIPPED OUT OF HIS ARM. WHILE HE WAS ANSWERING MY QUESTIONS, HE WAS WALKING CLOSER TO ME IN AN AGGRESSIVE AND THREATENING MANNER. I ADVISED THE DEFENDANT TO BACK UP, BUT HE CONTINUED TO APPROACH ME, AT WHICH TIME, I PALM HEELED THE DEFENDANT TO CREATE A DISTANCE. THE DEFENDANT BECAME MORE AGITATED AND BEGAN SCREAMING "DEPUTY CRUZ BACK UP DON'T GET CLOSER OR I WILL HAVE TO ATTACK YOU". I THEN PULLED MY TASER AND ORDERED HIM TO GET ON THE GROUND TO WHICH HE REFUSED TO COMPLY WITH MY COMMAND AND THE DEFENDANT CONTINUED TO WALK BACKWARDS AS I WAS APPROACHING HIM. I ORDERED HIM AGAIN TO GET ON THE GROUND, WHICH HE STILL REFUSED TO COMPLY WITH MY COMMAND. AT THAT TIME I ATTEMPTED TO TASE THE DEFENDANT, BUT MY TASER CYCLED; HOWEVER THE PRONGS DID NOT DEPLOY. I ATTEMPTED A SECOND TIME WITH THE SAME RESULTS. AS WE CONTINUED TO CIRCLE THE EMERGENCY ROOM FOR A SECOND TIME, DEPUTY LUDLOW ARRIVED ON SCENE. THE DEFENDANT CONTINUED TO NOT COMPLY WITH MY COMMANDS AND CONTINUED TO RESIST MY EFFORTS TO PLACE HIM INTO CUSTODY. AT ONE POINT, I ATTEMPTED A LEG SWEEP ON THE DEFENDANT, WHICH WAS UNSUCCESSFUL AND AT THE SAME TIME, DEPUTY LUDLOW DEPLOYED HIS TASER STRIKING THE DEFENDANT IN THE BACK. THE DEFENDANT SUBSEQUENTLY FELL TO THE GROUND ON HIS BACK. DEPUTY PATTERSON AND I WERE ABLE TO GAIN CONTROL OF THE DEFENDANT WHO WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. DUE TO THE MANNER WHICH THE SUSPECT HAD FALLEN, DOCTOR DAVISON immediately ASSISTED WITH RENDERING AID TO THE DEFENDANT. THE DEFENDANT WAS EVENTUALLY POSITION ON AN EMERGENCY ROOM BED AND BEGAN TO BECOME BELLIGERENT ONCE AGAIN WITH THE EMERGENCY ROOM STAFF AND DEPUTIES. DOCTOR DAVISON RECOMMENDED MEDICAL EVALUATION TO THE DEFENDANT TO which THE DEFENDANT REFUSED AND CONTINUED HIS DISRUPTIVE BEHAVIOR IN THE EMERGENCY ROOM. MEDICAL CLEARANCE WAS GRANTED BY DOCTOR DAVISON AND THE DEFENDANT WAS PLACED UNDER ARREST FOR DISORDERLY CONDUCT AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* "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.” |
