| Probable cause affidavit: |
SUBMITTED By: RITLI, JONATHAN 0426 (08080810) did knowingly, actually and intentionally touch or strike DEPUTY RITLI, a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2) ON 082108 AT APPROXIMATELY 0220 HOURS, WHILE DRIVING SOUTH ON HIGHWAY 19, I OBSERVED A VEHICLE TRAVELING NORTHBOUND which DID NOT HAVE AN OPERATING TAG LIGHT. I TURNED MY VEHICLE AROUND AND ACTIVATED MY EMERGENCY LIGHTS, AT WHICH TIME THE VEHICLE TURNED IN TO THE MISTY RIVER SEAFOOD PARKING LOT, LOCATED AT 4135 SOUTH SUNCOAST BOULEVARD . I THEN MADE CONTACT WITH the DRIVER, WHO DID NOT HAVE HIS DRIVER'S LICENSE OR THE REGISTRATION. I ALSO OBSERVED TWO OTHER WHITE MALES IN THE VEHICLE WHO APPEARED TO BE INTOXICATED. UPON RUNNING THE DRIVER IN MY VEHICLE, deputy MARSHALL AND deputy SMITH ARRIVED ON SCENE. deputy MARSHALL APPROACHED THE VEHICLE TO OBTAIN THE PASSENGER'S INFORMATION TO RUN THEM FOR WARRANTS. THE FRONT SEAT PASSENGER BECAME BELLIGERENT AND KEPT ATTEMPTING TO EXIT THE VEHICLE. deputy MARSHALL TOLD HIM SEVERAL TIMES TO STAY IN THE VEHICLE and TO KEEP HIS DOOR CLOSED. I THEN APPROACHED THE VEHICLE and ADVISED THE SUBJECTS I would BE WALKING MY CANINE AROUND THE VEHICLE and TO ROLL THEIR WINDOWS UP and KEEP THEIR DOORS CLOSED. the FRONT SEAT PASSENGER AGAIN OPENED HIS DOOR, AT WHICH TIME I CLOSED IT AND ADVISED HIM FOR HIS SAFETY TO KEEP HIS DOOR CLOSED. I THEN DEPLOYED CANINE AJAX from MY VEHICLE AND WALKED HIM COUNTERCLOCKWISE STARTING AT THE REAR PASSENGER SIDE OF THE VEHICLE. CANINE AJAX ALERTED TO THE DRIVER'S SIDE DOOR OF THE VEHICLE. deputy MARSHALL AND deputy SMITH GOT ALL SUBJECTS FROM the VEHICLE, PATTED THEM DOWN, and HAD THE TWO INTOXICATED PASSENGERS SIT DOWN APPROXIMATELY 20 FEET TO THE RIGHT OF THE VEHICLE. I THEN BEGAN A SEARCH OF THE INTERIOR OF THE VEHICLE, AT WHICH TIME THE FRONT SEAT PASSENGER BECAME VERY BELLIGERENT, STATING that I WAS NOT GOING TO SEARCH THE VEHICLE BECAUSE IT WAS HIS WIFE'S AND I HAD NO RIGHT TO. I THEN APPROACHED thE PASSENGER AND EXPLAINED TO HIM that THERE WAS AS NEIGHBORHOOD BEHIND THIS BUSINESS AND HE NEEDED TO LOWER HIS VOICE, AND ALSO, DUE TO THE CANINE ALERT, I WAS GOING TO SEARCH THE VEHICLE. THE PASSENGER THEN BECAME IRATE and BEGAN SCREAMING OBSCENITIES AT ME. HE STOOD UP FROM HIS SEATED POSITION, AND APPROACHED ME WITH THIS CHEST BOWED OUT. I PUSHED THE PASSENGER BACKWARDS WITH MY RIGHT HAND AND ADVISED HIM TO SIT BACK DOWN. THE PASSENGER APPROACHED ME AGAIN, PUSHED MY ARM OFF OF HIS CHEST WITH HIS RIGHT HAND, AND ATTEMPTED TO SWING HIS FIST AT ME WITH HIS LEFT HAND, AT WHICH TIME deputy MARSHALL TASERED HIM, HITTING HIM IN THE CHEST AND ABDOMEN AREA. THE PASSENGER THEN FELL TO THE GROUND, AT WHICH TIME I ROLLED HIM OVER ONTO HIS STOMACH, HANDCUFFED HIS HANDS BEHIND HIS BACK (DOUBLE-LOCKED) ROLLED HIM BACK ONTO HIS BACK, AND PUT HIM IN A SEATED POSITION. THE PASSENGER WAS STILL BEING BELLIGERENT AND SCREAMING AT ME THAT I HAD NO RIGHT TO TASE HIM OR SEARCH THE VEHICLE. deputy MARSHALL ATTENDED TO THE SUBJECT, ASKING HIM IF HE NEEDED EMERGENCY MEDICAL SERVICES, TO WHICH HE REFUSED. I CONTINUED SEARCHING the VEHICLE, AT WHICH TIME I LOCATED A PAIR OF SCISSORS WHICH WERE BURNT ON THE END, COMMONLY USED TO SMOKE MARIJUANA. I THEN ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR ASSAULT AND BATTERY ON A LAW ENFORCEMENT OFFICER. DEPUTY MARSHALL REMOVED THE TASER PRONGS, PLACED THE DEFENDANT IN THE REAR OF HIS PATROL VEHICLE, AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS CHARGED WITH ONE COUNT OF ASSAULT ON A LAW ENFORCEMENT OFFICER AND ONE COUNT OF BATTERY ON A LAW ENFORCEMENT OFFICER. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $5,250.00. PER THE BOND SCHEDULE. *NOT-EXEMPT* |
