| Probable cause affidavit: |
SUBMITTED BY: MORTON, KEVIN 0551 (AR11119255) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, LITTLE GENERAL MARKET, TO WIT: OPENED A PACK OF CIGARETTES, TOOK A LIGHTER OFF THE SHELF, USED IT TO LIGHT A CIGARETTE FROM THE PACK AND SELECTED A RED BULL ENERGY DRINK OPENING AND DRINKING IT AS HE EXITED THE STORE, SAID PROPERTY BEING OF A VALUE OF $9.92 WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTE 812.014(3)(a). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF LITTLE GENERAL MARKET, TO-WIT: FLIPPED OVER A POTATO CHIP DISPLAY RESULTING IN THE DAMAGE OF 2 BAGS SUNCHIPS AND 2 BAGS OF ROLD GOLD PRETZELS; CAUSING THE CHIP BAGS TO RIP OPEN UPON HITTING THE FLOOR, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)1. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MORTON, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: RESISTED TO OBEY A LAWFUL COMMAND BY NOT STOPPING WHEN TOLD TO DO SO AND THEN TOOK OFF RUNNING FROM DEPUTY MORTON WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO), TO-WIT: DID KICK OUT THE PASSENGER REAR WINDOW AND DID BY USING THE HANDCUFFS SCRATCH THE WINDOW TINTING ON THE INSIDE REAR WINDOW OF DEPUTY SETTLES PATROL VEHICLE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 803.13(1)(B)(2). ON 020911, I WAS DISPATCHED TO THE LITTLE GENERAL MARKET LOCATED AT 4611 WEST CARDINAL STREET IN HOMOSASSA. I WAS INFORMED BY DISPATCH THAT A WHITE MALE, IN HIS MID 20'S, WEARING NO SHIRT HAD THROWN ITEMS AROUND THE STORE, STOLEN ITEMS AND HAD LEFT THE STORE WALKING EASTBOUND ON WEST CARDINAL STREET. UPON ARRIVAL, I OBSERVED A SUBJECT MATCHING THAT DESCRIPTION WALKING IN A WESTERLY DIRECTION ON THE SIDE OF WEST CARDINAL STREET NEXT TO THE WESTBOUND LANE. THIS SUBJECT WAS JUST WEST OF THE AREA OF THE STORE. AS I PULLED IN TO THE PARKING LOT OF THE BUSINESS; THE STORE MANAGER MS CYNTHIA FOSTER OPENED THE FRONT DOOR TO THE STORE AND INFORMED ME THAT THE SUBJECT HAD DAMAGED ITEMS IN THE STORE AND HAD TAKEN A RED BULL DRINK WITHOUT PAYING FOR IT. AT THAT TIME, I WALKED TOWARDS THE DEFENDANT, MR ROBERT LIETZ, WHO WAS STANDING IN THE MIDDLE OF THE WESTBOUND LANE ON WEST CARDINAL STREET APPROXIMATELY 60 FEET WEST OF THE STORE. AS I WALKED TOWARDS THE DEFENDANT, I ORDERED THE DEFENDANT TO STEP OUT OF THE ROAD, AT WHICH TIME, HE DID NOT COMPLY NOR DID HE RESPOND TO THE COMMAND. I ATTEMPTED TO ASK THE DEFENDANT WHAT HAD TAKEN PLACE INSIDE THE STORE AND THE DEFENDANT STATED THAT HE WAS "TRYING TO PROVE A POINT". THE DEFENDANT THEN TURNED AND CONTINUED WALKING WESTBOUND STILL IN THE MIDDLE OF THE WESTBOUND LANE WITH THE DEFENDANT BEING APPROXIMATELY 35 FEET AWAY FROM ME. AT THAT TIME, AN UNKNOWN WITNESS HAD PULLED OUT OF THE STORE AND WAS DRIVING HIS VEHICLE BEHIND ME IN THE WESTBOUND LANE WITH HIS FLASHERS ON. THE DEFENDANT CONTINUED TO STATE THAT HE WAS TRYING TO PROVE A POINT AND THAT I SHOULD KNOW WHO HE WAS; AS HE CONTINUED TO WALK WESTBOUND ON WEST CARDINAL STREET. THE DEFENDANT ALSO ASKED REPEATEDLY IF I WERE RECORDING THIS, TO WHICH I REPLIED NO, THAT I WAS NOT. THE DEFENDANT CONTINUED TO IGNORE MY COMMANDS TO STOP OR GET OFF THE ROADWAY. AS THE DEFENDANT AND I APPROACHED THE INTERSECTION OF WEST CARDINAL STREET AND WEST PLEASANT AVENUE, THE DEFENDANT TOOK OFF RUNNING NORTH ON WEST PLEASANT AVENUE. I PURSUED THE DEFENDANT ON FOOT WITH MY AGENCY ISSUED TASER DRAWN. AS I CAUGHT UP TO THE DEFENDANT AND WAS APPROXIMATELY 15 FEET BEHIND HIM, THE DEFENDANT LOOKED BACK AND OBSERVED ME AIMING MY TASER AT HIM. THE DEFENDANT THEN STOPPED AND PUT HIS ARMS IN THE AIR ASKING ME NOT TO TASER HIM. DEPUTY SETTLES AT THAT TIME HAD PULLED UP BEHIND ME IN HER PATROL VEHICLE AND THE DEFENDANT ASKED REPEATEDLY IF HE WAS ON VIDEO. I THEN COMMANDED THE DEFENDANT TO LIE ON THE GROUND AT WHICH TIME HE COMPLIED WITH THAT COMMAND. THE DEFENDANT WAS THEN HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANT STATED THAT HE DID THIS TO PROVE A POINT AND ALSO STATED THAT HE WAS JESUS. THE DEFENDANT WAS THEN SECURED IN THE REAR SEAT OF DEPUTY SETTLES PATROL VEHICLE. DEPUTY SETTLES AND I THEN RESPONDED BACK TO THE STORE'S LOCATION. WHILE AT THE LOCATION OF THE BUSINESS; THE DEFENDANT THEN BEGAN TO KICK AT THE REAR PASSENGER WINDOW ON THE DRIVER'S SIDE OF HER PATROL VEHICLE. THE DEFENDANT WAS THEN COMMANDED TO STOP TO WHICH HE HAD COMPLIED. DEPUTY SETTLES THEN STARTED IN TRANSPORTING THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. IN THE PROCESS OF TRANSPORTING THE DEFENDANT TO CITRUS COUNTY DETENTION FACILITY, DEPUTY SETTLES ADVISED OVER THE RADIO THAT THE DEFENDANT HAD KICKED OUT THE REAR PASSENGER WINDOW ON THE PASSENGER SIDE OF HER PATROL VEHICLE AND WAS BANGING ON THE REAR WINDOW WITH HIS HANDS USING THE HANDCUFFS. I THEN RESPONDED TO HER LOCATION AND OBSERVED THE PASSENGER REAR WINDOW LYING ON THE GROUND AND THE DEFENDANT HAD HIS HANDS IN FRONT OF HIM AND WAS BANGING ON THE REAR WINDOW WITH THE HANDCUFFS. DEPUTY SETTLES AND I THEN REMOVED THE DEFENDANT FROM HER PATROL VEHICLE AND RE-SECURED THE DEFENDANT'S HANDS BEHIND HIS BACK AND AT THAT TIME USING A SECOND PAIR OF HANDCUFFS DID HANDCUFF THE DEFENDANT'S HANDS TO THE BACK OF HIS BELT AND RE-SECURED THE DEFENDANT IN DEPUTY SETTLES PATROL VEHICLE AND WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. I THEN RESPONDED BACK TO THE INCIDENT LOCATION WHERE I MADE CONTACT WITH THE STORE MANAGER CYNTHIA FOSTER, SCOTT MONTGOMERY (WITNESS) AND LESLIE MONTGOMERY (WITNESS). THEY ALL INFORMED ME THAT THE SUBJECT HAD ENTERED THE STORE AND HAD STATED THAT THE DEFENDANT SAID SOMETHING TO THE EFFECT "HOW BOUT I ROB YOU". THEY STATED THAT THE DEFENDANT HAD WALKED BEHIND THE COUNTER REACHED UP AND SELECTED A PACK OF NEWPORT CIGARETTES, THEN TOOK A LIGHTER OFF THE DISPLAY AND AS HE SAT DOWN, HE HAD LIT ONE OF THE CIGARETTES THAT HE HAD REMOVED FROM THE PACK. THEY STATED THAT DEFENDANT ASKED THEM IF THEY WERE GOING TO "CALL THE COPS NOW". MS FOSTER STATED TO THE DEFENDANT "I MIGHT". SHE STATED THE DEFENDANT HAD WALKED OVER TO A DISPLAY OF POTATO CHIPS AND FLIPPED THE DISPLAY OVER AND THEN LOOKED AT HER AND STATED "HOW ABOUT NOW". MS FOSTER STATED SHE THEN CALLED 911 AND THE DEFENDANT THEN THREW THE LIGHTER AND CIGARETTES ON THE FLOOR AND HAD WALKED OUT THE FRONT DOOR. ALL THREE STATED THAT THE DEFENDANT PROMPTLY RETURNED BACK IN TO THE STORE, WALKED TO THE DRINK COOLERS, SELECTED A RED BULL ENERGY DRINK AND AS HE WALKED PAST THE COUNTER HE OPENED THE DRINK AND BEGAN TO DRINK IT AS HE WALKED OUT THE DOOR AND MADE THE STATEMENT "THAT HE WOULD NEED THE ENERGY WITH WHAT WOULD HAPPEN NEXT". WITNESS MR SCOTT MONTGOMERY STATED THAT THE DEFENDANT STATED "THAT THEY SHOULD KNOW HIM AND THAT HE HAD BEEN IN HUNDREDS OF MOVIES". THE STORE MANAGER AND BOTH WITNESSES COMPLETED SWORN WRITTEN STATEMENTS WHICH WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) RECORDS DIVISION. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $1,500.00 PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
