| Probable cause affidavit: |
SUBMITTED BY: TACKETT, MIKEL "BRETT" 0383 (AR08103706) 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 HE DID FIGHT AND REFUSE TO COMPLY WITH VERBAL COMMANDS ISSUED BY DEPUTIES, IN VIOLATION OF FLORIDA STATUTE 877.03 AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MIKEL TACKETT OF THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO BREAK UP FIGHTING/BREACH OF PEACE AT A LOCAL BAR, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH DEPUTY, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 061308 AT APPROXIMATELY 0200 HOURS, DEPUTY GREATREX AND I WERE PARKED IN THE PARKING LOT WEST OF ROC'S 491 BAR, LOCATED AT 3891 NORTH LECANTO HIGHWAY IN BEVERLY HILLS. AT THAT TIME, DEPUTY GREATREX AND I NOTICED THAT A LARGE GROUP OF PEOPLE WERE EXITING THE BAR AT THE SAME TIME. WE THEN OBSERVED SEVERAL people RUNNING TOWARD THE SOUTH END OF THE PARKING LOT WHERE WE SAW SEVERAL PEOPLE FIGHTING. DEPUTY CARRERAS, WHO WAS ALREADY IN THE PARKING LOT IN AN UNMARKED PATROL VEHICLE IN PLAIN CLOTHES, IMMEDIATELY NOTIFIED DISPATCH THAT THERE WAS A LARGE NUMBER OF PEOPLE FIGHTING IN THE PARKING LOT AND REQUESTED BACKUP TO BE SENT IMMEDIATELY. DEPUTY GREATREX AND I IMMEDIATELY RESPONDED AND UPON OUR ARRIVAL, DEPUTY CARRERAS, DEPUTY GREATREX AND I GAVE SEVERAL DIRECT VERBAL COMMANDS TO MULTIPLE INDIVIDUALS WHO WERE INVOLVED IN FIGHTS. SOME OF THE PEOPLE DID, AT THAT TIME, STOP FIGHTING AND IMMEDIATELY LEFT THE AREA. I DID HAVE TO TAKE INTO CUSTODY A BLACK MALE, LATER IDENTIFIED AS MR EFFREM GREEN, WHO REFUSED TO STOP FIGHTING AND WAS STRIKING A WHITE MALE, LATER IDENTIFIED AS MR NICHOLAS DAVIS. BOTH DEFENDANT GREEN AND DEFENDANT DAVIS REFUSED TO STOP FIGHTING ALONG WITH SEVERAL OTHER PEOPLE. I WAS ABLE TO HANDCUFF DEFENDANT GREEN. UPON HANDCUFFING DEFENDANT GREEN, DEFENDANT DAVIS CONTINUED TO TRY TO FIGHT WITH DEFENDANT GREEN AS HE WAS IN HANDCUFFS. AT THAT TIME, I HANDCUFFED DEFENDANT DAVIS AFTER HE WAS CHASED, AT WHICH TIME DEFENDANT DAVIS HAD TO BE TASERED. IT SHOULD BE NOTED DEFENDANT DAVIS WAS TASERED AFTER HAVING REFUSED TO COMPLY WITH ANY AND ALL VERBAL COMMANDS ISSUED BY THIS DEPUTY. DEFENDANT DAVIS WAS SUBSEQUENTLY HANDCUFFED BY DEPUTY DEARDEN WHO HAD ARRIVED ON SCENE. WHILE I ASSISTED IN ESCORTING DEFENDANT GREEN AND DEFENDANT DAVIS TOWARD SEPARATE PATROL VEHICLES, I OBSERVED MR GREGORY SCHUCHARD BEGIN TO TRY TO FIGHT WITH DEFENDANT GREEN. DEPUTY GREATREX AND I GAVE DEFENDANT SCHUCHARD ORDERS TO LEAVE WHICH DEFENDANT SCHUCHARD REFUSED TO COMPLY WITH AND HE CONTINUED TO TRY TO FIGHT WITH DEFENDANT GREEN. BOTH DEFENDANT GREEN AND DEFENDANT DAVIS WERE SECURED IN SEPARATE PATROL VEHICLES. DEFENDANT SCHUCHARD WAS ARRESTED, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND ALSO SECURED IN THE REAR SEAT OF A PATROL VEHICLE. WHILE DEPUTY GREATREX AND I WERE ATTENDING TO THESE DEFENDANTS, DEPUTY CARRERAS WAS IN THE PROCESS OF STOPPING SEVERAL MORE FIGHTS, VERBALLY IDENTIFYING HIMSELF, SAYING "CITRUS COUNTY SHERIFF'S OFFICE, LAW ENFORCEMENT." DEPUTY CARRERAS WAS IN PLAIN CLOTHES WEARING HIS DEPUTY SHERIFF'S BADGE WHICH WAS PLAINLY VISIBLE. DEPUTY CARRERAS GAVE SEVERAL DIRECT VERBAL COMMANDS TO MR REJI SMITH TO STOP FIGHTING AND LEAVE THE PARKING LOT IMMEDIATELY. MR SMITH REFUSED TO DO SO AND CONTINUED TO SWING HIS ARMS IN AN ATTEMPT TO FIGHT ANYONE HE SAW. DEPUTY GREATREX ALSO ATTEMPTED TO ASSIST DEPUTY CARRERAS IN RESTRAINING DEFENDANT SMITH. DEFENDANT SMITH LOOKED DIRECTLY AT DEPUTY CARRERAS AND DEPUTY GREATREX, AT WHICH TIME DEFENDANT SMITH KNELT DOWN, SLIPPED OUT OF HIS SHIRT AND BROKE FREE FROM DEPUTY CARRERAS AND DEPUTY GREATREX. DEFENDANT SMITH THEN RAN OFF THROUGH THE CROWD, FOLLOWED BY DEPUTY CARRERAS WHO CAUGHT UP WITH DEFENDANT SMITH AT THE FRONT ENTRANCE TO ROC'S 491 BAR. DEPUTY CARRERAS WAS THEN ASSISTED BY CANINE DEPUTY DEARDEN WHO ASSISTED IN PLACING DEFENDANT SMITH IN HANDCUFFS WHICH WERE DOUBLE LOCKED BEHIND HIS BACK. DEFENDANT SMITH WAS THEN SECURED IN THE REAR SEAT OF A PATROL VEHICLE. ALL FOUR DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, EACH DEFENDANT WAS CHARGED WITH ONE COUNT OF BREACH OF PEACE WITH INDIVIDUAL BONDS SET AT $250.00, PER THE BOND SCHEDULE. IT SHOULD BE NOTED DEFENDANT DAVIS AND DEFENDANT SMITH WERE ALSO CHARGED WITH RESISTING ARREST WITHOUT VIOLENCE. DEFENDANT DAVIS WAS LATER RELEASED ON HIS OWN RECOGNIZANCE ON THE RESISTING CHARGE. DEFENDANT SMITH'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE ON HIS CHARGE OF RESISTING ARREST. IT SHOULD ALSO BE NOTED ALL FOUR DEFENDANTS REFUSED EMERGENCY MEDICAL SERVICES (EMS) WHEN OFFERED. DEFENDANT GREEN, DEFENDANT DAVIS, DEFENDANT SCHUCHARD AND DEFENDANT SMITH WERE OBSERVED NOT TO HAVE ANY INJURIES WHICH WOULD REQUIRE EMS. *NOT-EXEMPT* |
