| Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR16-18574) DID UNLAWFULLY ENDANGER THE SAFETY OF ANOTHER OR THEIR PROPERTY WHILE INTOXICATED OR DID WHILE INTOXICATED OR DRINKING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE CAUSE A PUBLIC DISTURBANCE, IN VIOLATION OF FLORIDA STATE STATUTE 856.011. ON 030916 AT APPROXIMATELY 1949 HOURS, I CONDUCTED A TRAFFIC STOP ON A PEDESTRIAN AT WEST BRADSHAW AND SOUTH SUNCOAST BOULEVARD. WHILE ON PATROL, I WAS TRAVELING SOUTH ON SOUTH SUNCOAST BOULEVARD, WHERE I OBSERVED A MALE LATER IDENTIFIED AS THE DEFENDANT, MR ROBERT PASTE JR, WALKING ALONG THE SHOULDER OF THE SOUTHBOUND LANES, TRAVELING SOUTH ON SOUTH SUNCOAST BOULEVARD. I OBSERVED THE DEFENDANT STAGGER TOWARDS THE DIRECTION OF TRAFFIC AND THEN CORRECT HIMSELF AND CONTINUE WALKING SOUTH. I CONDUCTED A U-TURN AND RETURNED TO THE AREA WHERE I LAST SAW THE DEFENDANT AND CONDUCTED A TRAFFIC STOP NEAR THE INTERSECTION OF SOUTH SUNCOAST BOULEVARD AND WEST BRADSHAW STREET. IMMEDIATELY UPON EXITING MY VEHICLE, THE DEFENDANT APPROACHED THE DRIVER SIDE OF MY VEHICLE AND SPONTANEOUSLY UTTERED THAT HE WAS FINE AND HE HAD NOT BEEN DRINKING OR ANYTHING. I INSTRUCTED THE DEFENDANT TO WALK OVER TO THE FRONT OF MY VEHICLE BY THE PASSENGER SIDE SO THAT HE WOULD NOT GET STRUCK BY A VEHICLE. THE DEFENDANT TOOK A COUPLE OF STEPS BACK BUT STILL REMAINED NEAR THE LANES OF TRAFFIC. I AGAIN TOLD THE DEFENDANT TO WALK OVER TO THE OTHER SIDE OF MY VEHICLE AND POINTED TO WHERE I WANTED THE DEFENDANT TO GO. IMMEDIATELY UPON SPEAKING TO THE DEFENDANT I OBSERVED THE ODOR OF ALCOHOL TO BECOMING FROM ABOUT HIS PERSON. THE DEFENDANT HAD AN ORBITAL SWAY AND HIS EYES APPEARED TO BE GLASSY. THE DEFENDANT HAD TO HOLD ON TO THE PUSH BUMPER OF MY VEHICLE WITH HIS RIGHT HAND IN ORDER TO STEADY HIMSELF. I ASKED THE DEFENDANT WHERE HE WAS COMING FROM, TO WHICH HE REPLIED THE MCDONALDS JUST UP THE STREET. I ASKED THE DEFENDANT WHERE HE WAS WALKING, TO WHICH HE RESPONDED HE WAS COMING FROM THE MCDONALDS. I ADVISED THE DEFENDANT THAT HE ALREADY TOLD ME WHERE HE WAS COMING FROM AND NOW I WANTED TO KNOW WHERE HE WAS WALKING TO. THE DEFENDANT REPLIED, TO A MOTEL UP THE ROAD TO VISIT A FRIEND. I ASKED WHICH MOTEL HE WAS REFERRING TO AND HE RESPONDED HE DID NOT KNOW THE NAME BUT IT WAS THE ONE THAT COSTS $40.00 AN NIGHT. I ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK TODAY, TO WHICH HE RESPONDED HE NOT HAD ANYTHING TO DRINK ''TODAY''. THE DEFENDANT STATED THAT HE HAD DRANK THE PREVIOUS DAY. I ASKED THE DEFENDANT WHAT TIME HE WOKE UP TODAY, TO WHICH HE REPLIED NOON. AT THAT TIME, I EXPLAINED TO THE DEFENDANT THAT I WOULD BE PERFORMING THE HORIZONTAL GAZE NYSTAGMUS TEST. AT THE START OF THE TEST, THE DEFENDANT CONTINUED TO HOLD ONTO THE PUSH BUMPER OF MY CAR WITH HIS RIGHT HAND. I ASKED THE DEFENDANT IF HE WAS ABLE TO STAND WITHOUT HOLDING ONTO THE BUMPER. THE DEFENDANT RELEASED THE BUMPER AND STOOD UPRIGHT, BUT CONTINUED TO HAVE AN ORBITAL SWAY ABOUT HIM. DURING THE TEST, THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE DEFENDANT'S LEFT AND RIGHT EYE. ALSO, THERE WAS ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE DEFENDANT'S LEFT AND RIGHT EYE. THERE WAS DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE DEFENDANT'S LEFT AND RIGHT EYE. UPON MY OBSERVATION OF THE NYSTAGMUS TEST, I AGAIN ASKED THE DEFENDANT HOW MUCH HE HAD TO DRINK TODAY AND THE DEFENDANT REPEATED THAT HE HAD NOT DRANK ''TODAY''. I ASKED THE DEFENDANT IF HE KNEW WHAT DAY IT WAS AND THE DEFENDANT REPLIED THAT IT WAS MARCH 6TH. I ADVISED THE DEFENDANT THAT HE WAS INCORRECT AND THE DEFENDANT REPLIED IT WAS MARCH 5TH. I AGAIN TOLD HIM IT WAS WRONG. HE THEN REPLIED IT WAS MARCH 4TH. I RESPONDED TO THE DEFENDANT THAT IT WAS MARCH 9TH. DEPUTY ZAREK (1359) ARRIVED AS BACK UP AND COMPLETED A FIELD INTERVIEW WHILE I CONDUCTED A WARRANTS CHECK. UPON COMPLETION OF MY WARRANTS CHECK OF THE DEFENDANT I RETURNED TO WHERE DEPUTY ZAREK AND THE DEFENDANT WERE STANDING AND ASKED THE DEFENDANT WHAT TIME DID HE LAST HAVE A DRINK TODAY, TO WHICH HE REPLIED APPROXIMATELY FIVE OR SIX IN THE EVENING. I ASKED WHY HE STATED TO ME EARLIER THAT HE HAD NOT HAD A DRINK TODAY. THE DEFENDANT REPLIED THAT IT WAS NOT THE SAME DAY. I ASKED THE DEFENDANT WHAT TIME HE THOUGHT IT WAS, TO WHICH HE REPLIED 1230 TO 100 O'CLOCK. I INFORMED THE DEFENDANT THAT IT WAS APPROXIMATELY EIGHT AND THE DEFENDANT REPLIED ''IN THE MORNING'' AND I STATED ''NO AT NIGHT''. IT SHOULD BE NOTED THAT AT THE TIME OF THIS INTERVIEW IT WAS COMPLETELY DARK OUTSIDE. I ASKED THE DEFENDANT HOW MANY DRINKS HE HAD AROUND FIVE OR SIX O'CLOCK AND THE DEFENDANT STATED HE HAD APPROXIMATELY FIVE OR SIX BEERS. I ASKED THE DEFENDANT HOW BIG WERE THE BEERS, TO WHICH HE ADVISED 24 OUNCES. BASED UPON THE DEFENDANT'S CONDITION AND MY OBSERVATION OF THE DEFENDANT WHILE WALKING ALONG THE ROADWAY AND DURING THE INTERVIEW, IT WAS DETERMINED THAT HE WAS A DANGER TO HIMSELF AND THE MOTORISTS TRAVELING THE ROADWAY. UPON SPEAKING WITH OTHER DEPUTIES IN THE ZONE, A PRIOR CALL FOR SERVICE IN REFERENCE TO INCIDENT NUMBER 16-32454 WAS GENERATED FOR A MALE INDIVIDUAL MATCHING THE DESCRIPTION OF THE DEFENDANT SLEEPING IN FRONT OF TRACTOR SUPPLY. THE DEFENDANT WAS GONE UPON ARRIVAL OF THE DEPUTIES. DEPUTY VIGGIANO (0682) DID OBSERVE THE DEFENDANT IN THE IMMEDIATE AREA WALKING AROUND. AT THAT TIME, I HANDCUFFED THE DEFENDANT, (DOUBLE LOCKED) BEHIND HIS BACK AND ESCORTED OVER TO THE PASSENGER SIDE OF MY VEHICLE. DURING THE ESCORT, THE DEFENDANT STAGGERED TWICE WHILE BEING WALKED. THE DEFENDANT WAS SEARCHED, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF DISORDERLY INTOXICATION IN PUBLIC, WITH A BOND SET AT $500.00, PER THE BOND SCHEDULE. |
