| Probable cause affidavit: |
SUBMITTED By: RUBY, SAMUEL 0562 (AR08101431) did knowingly, actually and intentionally touch or strike DEPUTY TACKETT AND DEPUTY RUBY, BOTH OF WHOM ARE LAW ENFORCEMENT OFFICERS, against the will of thESE personS while knowing that the said, DEPUTY TACKETT AND DEPUTY RUBY, wERE engaged in THE lawful performance of THEIR legal duties, in violation of Florida Statute 784.07. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY RUBY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT GRABBED THE ARM OF DEPUTY TACKETT AND GRABBED THE RIGHT FOREARM OF DEPUTY RUBY, PUSHING HIS ARM AWAY WHILE HE WAS TRYING TO HANDCUFF THE DEFENDANT AND SCRATCHING THE RIGHT FOREARM OF DEPUTY RUBY, WHILE OFFERING AND DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. ON 012608 AT 2155 HOURS, I WAS DISPATCHED TO 9247 SOUTH SUNCOAST BOULEVARD IN REFERENCE TO A POSSIBLE SUICIDE ATTEMPT. UPON ARRIVAL AT 2200 HOURS, MYSELF AND DEPUTY TACKETT MADE CONTACT WITH THE MOTHER OF THE DEFENDANT WHO ADVISED THAT HER SON WAS INSIDE THE RESIDENCE LYING ON THE COUCH. WE THEN MADE ENTRY THROUGH THE FRONT DOOR ON THE SOUTHSIDE OF THE RESIDENCE. THE DEFENDANT WAS LYING ON HIS BACK ON THE LIVING ROOM COUCH. UPON MAKING CONTACT WITH THE DEFENDANT, I ASKED HIM IF HE HAD THOUGHTS OF KILLING HIMSELF TO WHICH HE SAID, WITH A LAUGH, "YES". THERE WAS MINIMAL LIGHT INSIDE THE RESIDENCE AND I HAD MY AGENCY FLASHLIGHT LOCATED IN MY LEFT HAND SHINING ON THE DEFENDANT, AT WHICH TIME, HE TOLD US TO GET THE FLASHLIGHT OUT OF HIS FACE. I ADVISED THE DEFENDANT THAT WE WOULD BE TRANSPORTING HIM IN ACCORDANCE TO A BAKER ACT AND TO STAND UP AND PUT HIS HANDS BEHIND HIS BACK. HE ADVISED "WHAT IF I DON'T?". DEPUTY TACKETT ADVISED THE DEFENDANT THAT IF HE DOES NOT WE WILL THEN BE FORCED TO MAKE HIM PUT HIS HANDS BEHIND HIS BACK. THE DEFENDANT ADVISED THAT HE WOULD THEN STAND UP AND PUT HIS HANDS BEHIND HIS BACK. UPON STANDING UP, HE REACHED FOR SOMETHING IN HIS POCKET. DEPUTY TACKETT GRABBED THE DEFENDANT WITH HIS LEFT HAND ON THE DEFENDANT'S LEFT SIDE AND DREW HIS SERVICE WEAPON TO A LOW READY POSITION. I THEN GRABBED THE DEFENDANT BY THE RIGHT ARM. WITH HIS HANDS BEHIND HIS BACK, THE DEFENDANT PULLED SOMETHING FROM HIS POCKET, A SHINY METAL OBJECT LATER DETERMINED TO BE HIS WALLET WITH A LARGE METAL SUPERMAN EMBLEM ON THE BACK. THE DEFENDANT ADVISED IT WAS JUST HIS WALLET. THE WALLET WAS TAKEN AND PLACED ON A CHAIR IN THE LIVING ROOM. I THEN PLACED THE HANDCUFF ON THE DEFENDANT'S LEFT WRIST, WAS ATTEMPTING TO GET THE RIGHT WRIST, AND HE STARTED TO TENSE AND PULLED AWAY, AT WHICH TIME, I ADVISED THE DEFENDANT NOT TO RESIST AND PUT HIS HANDS BEHIND HIS BACK. DEPUTY TACKETT HAD HIS LEFT ARM IN THE BENT WRIST POSITION. I ALSO HAD THE DEFENDANT'S RIGHT ARM IN THE BENT WRIST POSITION WHICH MET WITH NEGATIVE RESULTS. THE DEFENDANT CONTINUED TO LAUGH AND RESIST. DEPUTY TACKETT ATTEMPTED A PRESSURE POINT IN ORDER TO HAVE THE DEFENDANT COMPLY WITH OUR DEMANDS. HE ADVISED DEPUTY TACKETT TO TRY ALL THE PRESSURE POINTS HE WANTED THAT WILL NOT WORK ON HIM. THE DEFENDANT CONTINUED TO RESIST. WE TURNED THE DEFENDANT PLACING HIM FACE DOWN ON THE COUCH. THE DEFENDANT PULLED AWAY FROM THIS DEPUTY, GRABBING THIS DEPUTY BY THE RIGHT FOREARM, AT WHICH TIME, HE SCRATCHED ME AND CAUSED MY FOREARM TO BLEED. DEPUTY TACKETT DREW HIS TASER, ADVISED THE DEFENDANT TO PUT HIS HANDS BEHIND HIS BACK WITH NONCOMPLIANCE FROM THE DEFENDANT. DEPUTY TACKETT ATTEMPTED A DRY STUN WHICH HAD NOT EFFECT. THE DEFENDANT PULLED AWAY AND ATTEMPTED TO FLEE TO THE NORTH SIDE OF THE RESIDENCE WHERE SEVERAL ROOMS APPEARED TO BE LOCATED. THE DEFENDANT HIT WHAT APPEARED TO BE A PLAYPEN LOCATED ON THE EAST SIDE OF THE COUCH IN THE MIDDLE OF THE FLOOR, AT WHICH TIME, THE DEFENDANT FELL DOWN ON THE FLOOR JUST ON THE EAST SIDE OF THE COUCH. DEPUTY TACKETT AND MYSELF TOLD THE DEFENDANT SEVERAL TIMES TO PUT HIS HANDS BEHIND HIS BACK WHICH HE REFUSED. BOTH DEPUTIES HAD TASERS DRAWN AND ADVISED THE DEFENDANT IF HE DID NOT PUT HIS HANDS BEHIND HIS BACK WE WOULD DEPLOY THE TASERS. DUE TO THE APPROACH BY DEPUTY TACKETT, THIS DEPUTY WAS UNABLE TO FIRE HIS TASER . DEPUTY TACKETT INSERTED HIS CARTRIDGE ONTO HIS TASER AND FIRED AND DEPLOYED HIS TASER INTO THE DEFENDANT STRIKING HIM ON THE RIGHT SIDE OF HIS BACK. THE DEFENDANT ROLLED TO HIS STOMACH AND HE WAS ADVISED AGAIN TO STOP RESISTING AND PUT HIS HANDS BEHIND HIS BACK, AT WHICH POINT, HE COMPLIED. CORPORAL PARSONS WAS DISPATCHED TO THE SCENE IN REFERENCE TO THE USE OF FORCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND PLACED IN A SEATING POSITION ON THE LIVING ROOM FLOOR. I ASKED THE DEFENDANT WHY HE REFUSED TO COMPLY AND BECAME COMBATIVE. HE REPLIED THAT HE WANTED IT TO BE OVER. THE MOTHER STATED THAT SHE THOUGHT THAT HE WANTED US TO DO IT FOR HIM. THE MOTHER THEN ASKED THE DEFENDANT "IS THAT WHAT YOU WANTED?" AND THE DEFENDANT SAID "YES". IT SHOULD BE NOTED THAT THE DEFENDANT'S MOTHER WAS A WITNESS TO THE ENTIRE SITUATION. A STATEMENT WAS COMPLETED BY THE MOTHER WHICH WILL BE TURNED IN TO RECORDS. PHOTOGRAPHS WERE TAKEN OF THIS DEPUTY'S RIGHT ARM (SEE CRIME SCENE TECHNICIAN (CST) REPORT). THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT WAS NOT TAKEN IN FOR FINGERPRINTING OR PHOTOGRAPHS DUE TO HIS COMBATIVE STATE. IT SHOULD BE NOTED ON THE WAY TO THE DETENTION FACILITY THE DEFENDANT TOLD THIS DEPUTY THAT UPON ARRIVAL AT THE DETENTION FACILITY HE WOULD KILL HIMSELF AS SOON AS HE GOT THE HANDCUFFS OFF. *NOT-EXEMPT* |
