| Probable cause affidavit: |
SUBMITTED BY: JOHNSON, KAM FWC913 (07003823) DID OPERATE A VESSEL IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VESSEL BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VESSEL IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 843.18. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY/OFFICER JOHNSON, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 070607, I WAS ISSUING A CITATION TO A JET SKI AND WAS TIED UP AT THE STATE BUFFER PRESERVE PRIVATE DOCK, CRYSTAL RIVER, AT THE END OF STATE PARK DRIVE. WHILE ISSUING THE JET SKI A CITATION, THE SUBJECT/DEFENDANT, MR PAUL MAZAK II, ALONG WITH A FEMALE PASSENGER IN AN AIRBOAT WHICH WERE AT A NEARBY LOCATION STARTED THEIR BOAT AND SPED THROUGH THE MANATEE SLOW ZONE AND THEN SECURED HIS AIRBOAT TO THE DOCK NEXT TO ME. THE DEFENDANT WAS VERY ANGRY AND STATED THAT, THAT WAS HIS COUSIN AND WHAT WAS I DOING. I ADVISED HIM WHAT I WAS DOING AND THAT IT WAS OVER WITH. THE DEFENDANT REPEATEDLY WANTED TO KNOW WHAT THEIR VIOLATION WAS, AND WHAT I WAS DOING. I AGAIN TOLD HIM IT WAS OVER WITH AND THAT HE NEEDED TO LEAVE. HE THEN STATED "THIS IS A PUBLIC DOCK AND I CAN STAY IF I WANT TO". I ADVISED HIM THAT THIS WAS NOT A PUBLIC DOCK, AND REGARDLESS HE WAS IN MY WAY, AND I WAS GOING TO PULL MY BOAT OUT AND AGAIN ADVISED HIM TO LEAVE OR HE WOULD BE ARRESTED FOR INTERFERING. HE CONTINUED TO BE VERBALLY BELLIGERENT AND REFUSED TO LEAVE AFTER REPEATEDLY TOLD TO MOVE. I STATED TO HIM AGAIN THAT IT WAS OVER WITH, AND IF HE DID NOT LEAVE HE WOULD BE ARRESTED. THE DEFENDANT REFUSED TO LEAVE AFTER AGAIN BEING TOLD TO DO SO. I THEN ADVISED THE DEFENDANT HE WAS BEING ARRESTED FOR INTERFERING, AND INSTRUCTED HIM TO TURN AROUND AND PUT HIS HANDS BEHIND HIS HEAD. THE DEFENDANT STATED, "NO I HAVE A RIGHT TO BE HERE". AT THAT TIME I REACHED OUT WITH MY LEFT HAND AND STATED HE WAS UNDER ARREST AND PULLED MY PEPPER SPRAY OUT. HE THEN TOOK A COUPLE STEPS FORWARD, AND STARTED STEPPING OFF THE DOCK INTO HIS AIRBOAT. I AGAIN ADVISED HIM TO STOP THAT HE WAS UNDER ARREST FOR INTERFERING AND THAT HE COULD NOT LEAVE. THE DEFENDANT CONTINUED TO GET IN THE SEAT OF HIS AIRBOAT. I THEN SPRAYED HIM WITH MY PEPPER SPRAY, AND HE WIPED IT OFF AND TOOK OFF IN HIS AIRBOAT AT A HIGH RATE OF SPEED. AT THAT TIME I TURNED ON MY BLUE LIGHTS AND SIREN ON MY PATROL BOAT AND CHASED AFTER THE DEFENDANT. THE DEFENDANT THEN WENT ABOUT A 150 YARDS AND CIRCLED TO THE RIGHT AND RAN HIS AIRBOAT UP ON LAND ADJACENT THE BUFFER PRESERVE AREA ON PRIVATE LAND. I SECURED MY PATROL BOAT ON THE PRIVATE LAND AND CAUGHT UP TO HIM. I THEN ADVISED HIM THAT HE WAS UNDER ARREST, AND HE REFUSED TO STOP WALKING. HIS FAMILY WAS HAVING A LARGE PARTY WITH ABOUT 30 PEOPLE. AT THAT TIME, ABOUT FIVE OR SIX DRUNKEN MALES GOT IN MY FACE AND TOLD ME THAT I HAD NO RIGHT TO BE THERE. I THEN WALKED BACK TO MY PATROL BOAT AND CALLED FOR BACK UP. APPROXIMATELY 10 MINUTES LATER FLORIDA WILDLIFE COMMISSION (FWC) INVESTIGATOR JIM SMITH ARRIVED BY LAND. I AGAIN WALKED UP TO THE SUBJECT AND ADVISED HIM THAT HE WAS UNDER ARREST WHILE JIM SMITH TRIED TO BLOCK OFF THREE OR FOUR DRUNK MEN THAT WERE TRYING TO INTERFERE. I AGAIN STATED TO THE DEFENDANT THAT HE WAS UNDER ARREST, AND HE KEPT WALKING AWAY. AT THAT TIME I PEPPER SPRAYED HIM AGAIN. HE THEN WIPED OFF THE PEPPER SPRAY AND PROCEEDED TO WALK INTO THE BUILDING ON THE PROPERTY AND LOCKED HIMSELF INSIDE. ABOUT FIVE MINUTES LATER FWC OFFICER JOHN JONES ARRIVED ON SCENE TO ASSIST. OFFICER JONES WENT UP INTO THE BUILDING AND THEY ALLOWED HIM TO GO IN, HOWEVER FIVE OR SIX DRUNKEN PEOPLE THAT WERE THERE REFUSED TO LET INVESTIGATOR SMITH AND I GO UP THE STAIRS, AND THREATENED TO FIGHT US. WE THEN BACKED OFF AND THEY LET OFFICER JOHN JONES IN THE BUILDING, AT WHICH TIME HE PLACED THE DEFENDANT UNDER ARREST. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK, SECURED IN THE BACK SEAT OF A PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S TOTAL BOND WAS SET AT $1,500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
