| Probable cause affidavit: |
SUBMITTED BY: BRUNK, KEVIN 0344 (AR14-11037) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(2). DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). DID KNOWINGLY OPERATE, ON THE ROADS OF THIS STATE, A VEHICLE THAT HAD NOT BEEN REGISTERED, IN VIOLATION OF FLORIDA STATE STATUTE 320.02(1). ON 070314, AT APPROXIMATELY 1544 HOURS, I WAS TRAVELING SOUTH ON OLD FIELD AVENUE, JUST SOUTH OF GLENBROOK STREET AND A RED MINI VAN WAS GOING NORTHBOUND ON OLD FIELD AVENUE. THERE WAS A RED AND WHITE DIRT BIKE, WHICH WAS BEING DRIVEN BY A WHITE MALE WITH NO EYE PROTECTION, TRAVELING VERY CLOSE TO THE REAR BUMPER OF THE MINI VAN, APPROXIMATELY EIGHT FEET BEHIND THE MINI VAN. I OBSERVED THAT THERE WAS NO TAG ATTACHED TO THE MOTORCYCLE, AT WHICH TIME I CONDUCTED A U-TURN IN AN ATTEMPT TO CATCH UP TO THE MOTORCYCLE. AS THE MOTORCYCLE AND MINI VAN WERE HALFWAY BETWEEN GLENBROOK AND OAKLAWN, THE MOTORCYCLE PASSED THE MINI VAN ON THE LEFT SIDE GOING NORTHBOUND IN THE SOUTHBOUND LANE. AT THAT TIME, I ACTIVATED MY LIGHTS AND SIRENS. THE MINI VAN PULLED OFF TO THE SIDE OF THE ROAD. I CAUGHT UP TO THE MOTORCYCLE AT OLD FIELD AVENUE AND OAKLAWN, WHERE THE MOTORCYCLE THEN TURNED EASTBOUND ON OAKLAWN. SEVERAL TIMES, THE DRIVER LOOKED BACK AT ME AND THEN SPED UP TO APPROXIMATELY 50 MILES PER HOUR, IN A POSTED 35 MILE PER HOUR ZONE. AS THE MOTORCYCLE CRESTED THE HILL JUST WEST OF GRAND CIRCLE, THE MOTORCYCLE THEN PULLED OFF TO THE SIDE OF THE ROAD. AT THAT TIME, I EXITED MY PATROL VEHICLE AND MADE CONTACT WITH A WHITE MALE SUBJECT, WHO LATER VERBALLY IDENTIFIED HIMSELF AS MR NICOLAS FUGATE. I COMMANDED HIM TO GET OFF of the MOTORCYCLE, AND PLACE IT ON THE GROUND. AT THAT TIME, I PLACED HANDCUFFS ON HIM AND ADVISED HIM HE WAS UNDER ARREST. I ASKED HIM IF HE HAD A DRIVER'S LICENSE AND HE STATED NO THAT HIS LICENSE WAS SUSPENDED. I THEN ASKED HIM WHO THE MOTORCYCLE BELONGED TO AND HE SAID THAT IT BELONGED TO HIS FRIEND JOE, WITH AN UNKNOWN LAST NAME AND PHONE NUMBER. MR FUGATE WAS THEN PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE MOTORCYCLE/DIRT BIKE IS A 2003 HONDA, RED AND WHITE IN COLOR. THE MOTORCYCLE WAS RAN THROUGH TELETYPE AND THE OWNER IS MR MARC GATZ, LOCATED IN SARASOTA. TELETYPE MADE CONTACT WITH SARASOTA COUNTY SHERIFF'S OFFICE SO THEY COULD MAKE CONTACT WITH THE OWNER. THE MOTORCYCLE WAS TOWED BY ADAM'S TOWING. I RAN MR FUGATE THROUGH NCIC/FCIC FOR DRIVER'S LICENSE AND WANTS AND WARRANTS CHECK. MR FUGATE'S DRIVER'S LICENSE WAS SUSPENDED ON 010604 INDEFINITELY, ON 071910 SUSPENDED DUE TO FAILURE TO PAY COURT FINANCIAL OBLIGATION, ON 041211 CANCELLED INDEFINITELY, ON 080405 REVOKED FOR TWO YEARS FOR FLEEING AND ATTEMPTING TO ELUDE, ON 011607 REVOKED TWO YEARS (CHAPTER 893), ON 080405 REVOKE FOUR YEARS (CHAPTER 893), ON 042809 REVOKE TWO YEARS (CHAPTER 893), ON 080405 REVOKE EIGHT YEARS (CHAPTER 893), ON 060809, SUSPENDED FOR FAILURE TO PAY TRAFFIC FINE, ON 091009 AND 020313 SUSPENDED FOR FAILURE TO PAY TRAFFIC FINE. THE SEARCH REVEALED NEGATIVE FOR WARRANT; HOWEVER, HE IS ON INMATE RELEASE STATUS FOR POSSESSION OF METHAMPHETAMINE. I ARRESTED AND TRANSPORTED MR FUGATE TO THE CITRUS COUNTY DETENTION FACILITY FOR FLEEING AND ELUDING, DRIVING WHILE LICENSE SUSPENDED, AND DRIVING AN UNREGISTERED VEHICLE ON THE ROADWAY. HE WAS ISSUED CITATIONS FOR FLEEING AND ELUDING (CITATION NUMBER A1273RP), DRIVING WHILE LICENSE SUSPENDED (CITATION NUMBER A1273SP), AND DRIVING AN UNREGISTERED VEHICLE ON THE ROADWAY (CITATION NUMBER A1273TP). I SPOKE TO DEPUTY VLECK OF SARASOTA COUNTY SHERIFF'S OFFICE WHO STATED THAT HE SPOKE TO MR GATZ, THE REGISTERED OWNER OF THE MOTORCYCLE, WHO STATED THAT HE HAD SOLD THE MOTORCYCLE TWO YEARS AGO TO SOMEONE WHO WAS LOCAL FROM SARASOTA. HE STATED THAT AT THIS TIME HE IS OUT OF TOWN AND DOES NOT HAVE ANY PAPERWORK WITH HIM. THE DEFENDANT'S BOND WAS SET AT $5,750.00, PER THE BOND SCHEDULE. |
