Probable cause affidavit: |
\tSUBMITTED BY: SEFFERN, JONATHAN JR 0623 (AR13-5873) \tdid then and there unlawfully carry a concealed weapon or electric weapon or device on or about HIS person, to-wit: BLACK IN COLOR UMAREX .177 CALIBER CO2 AIR PISTOL, in violation of Florida Statute 790.01(1); \t \tON 060113, I RESPONDED TO THE HIGH OCTANE SALOON LOCATED AT 1590 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA IN REFERENCE TO A DISTURBANCE INVOLVING A GUN. \t \tPRIOR TO ARRIVAL, DISPATCH ADVISED THAT THE HIGH OCTANE SECURITY OFFICER HAD DISARMED THE SUSPECT AND HAD HIM DETAINED. \t \tUPON ARRIVAL, CONTACT WAS MADE WITH THE COMPLAINANT, MR CHRISTOPHER HILL, WHO ADVISED THAT HE WAS CALLED TO THE FRONT INDOOR BAR AS A PATRON WAS CARRYING AND DISPLAYING A FIREARM. THE COMPLAINANT STATED THAT HE MADE CONTACT WITH THE PATRON LATER IDENTIFIED AS THE DEFENDANT, MR PATRICK CLANCY, AND REQUESTED THAT HE FOLLOW HIM TO THE FRONT DOOR. MR HILL STATED THAT AS HE AND THE DEFENDANT EXITED THE FRONT DOOR OF THE ESTABLISHMENT, HE ASKED THE DEFENDANT IF HE HAD A WEAPON ON HIS PERSON. THE DEFENDANT REPLIED YES AT WHICH TIME, MR HILL ASKED HIM WHERE THE WEAPON WAS LOCATED. THE DEFENDANT STATED THAT IT WAS IN HIS FRONT WAISTBAND AND THEN LIFTED HIS SHIRT IN AN UPWARD MOVEMENT AND BEGAN TO PULL THE FIREARM FROM HIS WAISTBAND. MR HILL STATED THAT HE WAS ABLE TO GRAB THE FIREARM AND PULL THE FIREARM FROM THE DEFENDANTâS WAISTBAND TO DISARM HIM. MR HILL STATED HE THEN ESCORTED THE DEFENDANT OFF THE PROPERTY AND KEPT HIM DETAINED UNTIL THE SHERIFFâS OFFICE ARRIVED. MR HILL COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) RECORDS DIVISION. \t \tMR HILL PROVIDED ME WITH THE FIREARM THAT HE HAD REMOVED FROM THE DEFENDANT, WHICH UPON FURTHER OBSERVATION WAS DISCOVERED TO BE A BLACK IN COLOR, UMAREX, .177 CALIBER SEMIAUTOMATIC, CO2 PROPELLED AIR PISTOL DISPLAYING SERIAL NUMBER 12J31096. THE AIR PISTOL WAS SECURED IN MY PATROL VEHICLE AND LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. \t \tCONTACT WAS THEN MADE WITH THE DEFENDANT, WHO WAS VERY INTOXICATED. THE DEFENDANT WAS UNSTEADY ON HIS FEET, HAD SLURRED speech AND A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON. I EXPLAINED TO THE DEFENDANT THAT I WAS INVESTIGATING THE INCIDENT AND WAS GOING TO READ HIM HIS MIRANDA WARNINGS VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD. UPON READING THE DEFENDANT HIS MIRANDA WARNINGS, THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND ALSO STATED THAT HE WISHED TO SPEAK TO ME ABOUT THE INCIDENT. I THEN ASKED THE DEFENDANT TO EXPLAIN WHAT HAD OCCURRED AND HOW THE AIR PISTOL CAME INTO PLAY. THE DEFENDANT STATED THAT WHILE SITTING AT THE INSIDE BAR AT THE HIGH OCTANE SALOON, HE BECAME INVOLVED IN A HEATED VERBAL ALTERCATION WITH ANOTHER MALE PATRON. THE DEFENDANT THEN STATED THAT WHILE HAVING THE AIR PISTOL IN HIS WAISTBAND, HE LIFTED HIS SHIRT IN AN UPWARD ROTATION, BRANDISHING THE AIR PISTOL AT THE PATRON. THE DEFENDANT STATED THAT THE PATRON HE WAS INVOLVED IN THE VERBAL ALTERCATION WITH, THEN TOOK OFF AND HE WAS SHORTLY ESCORTED OFF THE PROPERTY BY THE COMPLAINANT. \t \tUPON CONDUCTING A HISTORY CHECK ON THE DEFENDANT, IT REVEALED THAT HE HAS AN ACTIVE PROTECTION ORDER EXPIRING 062013 OUT OF MASSACHUSETTS, WHICH PROHIBITS HIM FROM POSSESSING A FIREARM OR ANY OTHER WEAPON. \t \tCONTACT WAS THEN MADE WITH THE MALE PATRON THAT THE DEFENDANT HAD BEEN INVOLVED IN THE ALTERCATION with. THE PATRON ADVISED THAT HE WOULD NOT PROVIDE HIS NAME OR ANY WRITTEN STATEMENTS; HOWEVER, WOULD GIVE A VERBAL STATEMENT ATTESTING TO THE EVENTS THAT HAD TAKEN PLACE. HE ADVISED THAT HE ARRIVED AT THE HIGH OCTANE SALOON AT APPROXIMATELY 2200 HOURS. HE STATED HE WENT TO THE INSIDE BAR TO ORDER A DRINK. HE STATED WHILE SITTING AT THE BAR, THERE WAS A FEMALE SUBJECT SITTING TO THE RIGHT OF HIM AND THEN THE DEFENDANT TO THE IMMEDIATE RIGHT OF HER. HE STATED THAT HE OVERHEARD THE DEFENDANT SPEAKING TO THE FEMALE SUBJECT SITTING NEXT TO HIM. HE STATED THAT THE DEFENDANT STATED THAT HE WAS GOING TO KNOCK HIM OUT TO SHOW HER HOW PRETTY SHE WAS. THE PATRON STATED THAT THE DEFENDANT MADE SEVERAL OTHER STATEMENTS ALONG THE SAME LINES FOR APPROXIMATELY ONE MINUTE. THE PATRON STATED THAT HE COULD NOT MIND HIS OWN BUSINESS ANYMORE AND LOOKED AT THE DEFENDANT TO ASCERTAIN WHETHER OR NOT THE DEFENDANT WAS SPEAKING OF HIM. HE STATED UPON LOOKING AT THE DEFENDANT, THE DEFENDANT BEGAN POINTING AT HIM AND AGAIN STATED THAT HE WAS GOING TO KNOCK HIM OUT. the PATRON STATED AT THAT POINT, HE TOLD THE DEFENDANT âI WILL KNOCK YOUR TEETH DOWN YOUR THROAT OLD MANâ. THE PATRON STATED THAT THE DEFENDANT THEN REMOVED A BLACK IN COLOR PISTOL FROM HIS WAISTBAND AND THEN POINTED IT AT HIM. THE PATRON ADVISED HE TOOK OFF RUNNING AND MADE CONTACT WITH SECURITY STAFF. \t \tAS A RESULT OF THE ASSAULT, THE AIR PISTOL WAS THE WEAPON IN THAT CRIME, SUBSEQUENTLY AS A RESULT OF THE DEFENDANT CONCEALING THE AIR PISTOL IN HIS WAISTBAND, HE WAS PLACED UNDER ARREST AND CHARGED WITH ONE COUNT OF CARRYING A CONCEALED WEAPON. \t \tTHE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) SECURED IN MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. \t \tTHE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. \t \tTHE PISTOL WAS SEIZED AND TURNED IN TO THE EVIDENCE DIVISION ALONG WITH A PROPERTY RECEIPT. \t |