| Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1342 (AR 15-15218) (15-71313) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY TULLY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT FLED ON FOOT WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 053115, AT APPROXIMATELY 0130 HOURS I WAS TRAVELING NORTHBOUND ON NORTH LECANTO HIGHWAY JUST NORTH OF DELTONA BOULEVARD WHEN I OBSERVED A VEHICLE TRAVELING SOUTHBOUND IN A NORTHBOUND LANE. AS THE VEHICLE APPROACHED MY LOCATION, I PULLED MY PATROL VEHICLE TO THE GRASS SHOULDER OF THE ROAD. WHEN THE VEHICLE WAS APPROXIMATELY 150 FEET FROM MY PATROL VEHICLE, THE VEHICLE JERKED BACK IN TO THE SOUTHBOUND LANE AND CONTINUED TRAVELING SOUTH PAST THIS DEPUTY. AS THE VEHICLE PASSED THIS DEPUTY I OBSERVED IT TO BE A SMALL, LIGHT BLUE FOUR DOOR SEDAN, I OBSERVED THE VEHICLE IN MY REARVIEW MIRROR TO HAVE AGAIN CROSSED THE CENTER YELLOW LINE AND WAS AGAIN TRAVELING SOUTHBOUND IN A NORTHBOUND LANE. AT THAT TIME, I CONDUCTED A U-TURN AND ATTEMPTED TO CATCH UP WITH THE VEHICLE WHICH WAS STILL TRAVELING SOUTH. I WAS ABLE TO CATCH UP WITH THE VEHICLE ON NORTH LECANTO HIGHWAY APPROXIMATELY ONE HALF MILE NORTH OF HAMPSHIRE BOULEVARD. I FOLLOWED THE VEHICLE FOR APPROXIMATELY TWO HUNDRED YARDS WHERE I OBSERVED THE VEHICLE HAVING DIFFICULTY MAINTAINING A SINGLE LANE. I ACTIVATED MY OVERHEAD EMERGENCY EQUIPMENT AND CONDUCTED A TRAFFIC STOP ON SAID VEHICLE BEARING FLORIDA LICENSE PLATE 435TWG. THE VEHICLE TRAVELED FOR APPROXIMATELY ONE HUNDRED FEET BEFORE PULLING TO THE SHOULDER OF THE ROAD. I APPROACHED THE VEHICLE ON A DRIVER SIDE APPROACH. AS I WAS WALKING PAST THE DRIVER SIDE REAR DOOR, I OBSERVED THERE TO BE ONLY ONE OCCUPANT OF THE VEHICLE TO BE SITTING IN THE FRONT DRIVER SEAT. THE OCCUPANT IS DESCRIBED AS A WHITE MALE WEARING A BLUE T-SHIRT AND A BALL CAP. PRIOR TO REACHING THE DRIVER'S WINDOW TO INTRODUCE MYSELF AND ADVISE THE REASON FOR THE STOP, THE VEHICLE ACCELERATED AND BEGAN TRAVELING SOUTHBOUND ON NORTH LECANTO HIGHWAY. I RETURNED TO MY PATROL VEHICLE AND ACTIVATED MY VEHICLE SIREN AND NOTIFIED DISPATCH I WAS IN PURSUIT. THE VEHICLE CONTINUED TRAVELING SOUTHBOUND ON NORTH LECANTO HIGHWAY FOR APPROXIMATELY THREE MILES AT APPROXIMATELY 80 MPH. AS THE VEHICLE APPROACHED THE INTERSECTION OF NORTH LECANTO HIGHWAY AND REGINA BOULEVARD THE VEHICLE MOVED TO THE CENTER LANE THEN MADE A LEFT HAND TURN ON REGINA BOULEVARD. I CONTINUED TO FOLLOW THE VEHICLE EASTBOUND ON REGINA BOULEVARD. THE VEHICLE TURNED NORTH ON WASHINGTON STREET FROM REGINA BOULEVARD. THE VEHICLE CONTINUED AT APPROXIMATELY 40-50 MPH, IN A RESIDENTIAL AREA WITH A 25 MPH SPEED ZONE, ON ROOSEVELT BOULEVARD. THE VEHICLE THEN RAN THE STOP SIGN AT WASHINGTON STREET AND ROOSEVELT AND CONTINUED EAST ON ROOSEVELT. THE VEHICLE TRAVELED ON EAST ON ROOSEVELT THEN TURNED ON TO BARBOUR STREET HEADING SOUTH. THE VEHICLE TRAVELED AT APPROXIMATELY 50 MPH ON BARBOUR STREET. AS THE VEHICLE APPROACHED THE INTERSECTION OF SOUTH BARBOUR STREET AND REGINA BOULEVARD, THE VEHICLE PULLED IN TO THE YARD OF 105 SOUTH BARBOUR STREET. I PULLED MY PATROL VEHICLE BEHIND THE SUSPECTS VEHICLE. I EXITED MY PATROL VEHICLE AND BEGAN GIVING THE DRIVER LOUD, CLEAR, VERBAL COMMANDS TO TURN OFF THE VEHICLE AND PUT HIS HANDS OUT THE WINDOW. THE DRIVER OF THE VEHICLE THEN EXITED THE VEHICLE, NOT FOLLOWING MY COMMANDS, AND BEGAN RUNNING EASTBOUND BEHIND THE RESIDENCE. I PURSUED THE DRIVER OF THE VEHICLE AROUND THE RESIDENCE AT 105 SOUTH BARBOUR STREET. WHILE RUNNING AFTER THE DRIVER I GAVE MULTIPLE VERBAL COMMANDS OF ''SHERIFF'S OFFICE, STOP RUNNING'' TO WHICH THE DRIVER IGNORED. I ADVISED THE DRIVER THAT IF HE DID NOT STOP RUNNING I WOULD TASE HIM. THE DRIVER DID NOT COMPLY. I GAVE THIS COMMAND MULTIPLE TIMES, WHICH THE DRIVER DID NOT COMPLY. I DREW MY AGENCY ISSUED TASER AND POINTED IT AT THE MIDDLE OF THE DRIVER'S BACK. I DEPLOYED THE TASER FOR A FULL CONTINUOUS FIVE SECOND CYCLE. THE TASER IMMEDIATELY CONNECTED AND INCAPACITATED THE DRIVER WHERE HE FELL FACE FIRST IN TO THE GRASS BEHIND THE RESIDENCE. I ORDERED THE DRIVER, IDENTIFIED AS THE DEFENDANT, MR ROGER DANIELS, TO PLACE HIS ARMS OUT TO HIS SIDES OR HE WOULD BE TASED AGAIN. THE DEFENDANT DID COMPLY WITH THIS COMMAND. I SECURED THE DEFENDANT, HANDCUFFED BEHIND HIS BACK (DOUBLE-LOCKED). I OBSERVED THE TASER PROBE HAD STRUCK THE DEFENDANT BEHIND HIS LEFT EAR AND THE MIDDLE OF THE LEFT SIDE OF HIS BACK. EMERGENCY MEDICAL SERVICES WAS REQUESTED TO RESPOND TO THE SCENE. I STOOD BY WITH THE DEFENDANT UNTIL THEIR ARRIVAL. I READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. I ASKED THE DEFENDANT, WHY HE HAD RUN. HE STATED THAT HE WAS NOT THE ONE DRIVING, THAT IT WAS HIS WIFE. I ASKED THE DEFENDANT WHAT HIS WIFE'S NAME WAS. HE WAS UNABLE TO PROVIDE HER NAME. THE DEFENDANT THEN SPONTANEOUSLY UTTERED, MULTIPLE TIMES, THAT HIS TWO YEAR OLD CHILD WAS STILL IN THE VEHICLE. OTHER DEPUTIES ON SCENE CONFIRMED THERE WAS NO ONE ELSE IN THE VEHICLE. I ASKED THE DEFENDANT IF HE KNEW THE RESIDENCE AT HIS ADDRESS. HE ADVISED HE DID NOT. I ASKED THE DEFENDANT IF HE KNEW WHERE WE WERE. HE ADVISED HE DID NOT. I MADE CONTACT WITH THE HOMEOWNERS AT 105 SOUTH BARBOUR STREET AND ASKED IF THEY KNEW THE DEFENDANT. THEY ADVISED THEY DID NOT. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED HIS EYES TO BE VERY RED AND GLOSSY. THE DEFENDANT HAD A VERY STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH. EMERGENCY MEDICAL SERVICES ARRIVED ON SCENE AND REMOVED THE BARB FROM THE MIDDLE OF THE DEFENDANT'S BACK. THEY ADVISED THEY COULD NOT REMOVE THE BARB FROM BEHIND THE DEFENDANT'S EAR. EMERGENCY MEDICAL SERVICES ADVISED THE DEFENDANT WOULD BE TRANSPORTED TO CITRUS MEMORIAL HOSPITAL FOR TREATMENT. THE DEFENDANT WAS SECURED ON THE STRETCHER AND TRANSPORTED TO CITRUS MEMORIAL HOSPITAL WITH THIS DEPUTY PRESENT. WHILE AT THE HOSPITAL, SPEAKING TO THE DEFENDANT, I ASKED IF HE HAD BEEN DRINKING. THE DEFENDANT STATED NO AND THAT HE WOULD NOT CONSENT TO ANY STANDARD FIELD SOBRIETY TASK AT ANY TIME. HE ALSO ADVISED HE WOULD NOT CONSENT TO A BREATHALYZER TEST. I ADVISED THE DEFENDANT THAT IF HE WISHED TO DECLINE TO A BREATHALYZER TEST, HE COULD DO SO AT THE CITRUS COUNTY DETENTION FACILITY IF HE WISHED. THE DEFENDANT STATED HE UNDERSTOOD. THE DOCTOR AT CITRUS MEMORIAL HOSPITAL ADVISED HE WOULD BE DRAWING BLOOD FROM THE DEFENDANT. PRIOR TO DRAWING BLOOD, THE DEFENDANT STATED MULTIPLE TIMES THAT HE DID NOT WANT THE RESULTS OF THE BLOOD DRAW GIVEN TO THIS DEPUTY IN FEAR OF IT INCRIMINATING HIM OF DRIVING UNDER THE INFLUENCE. WHILE AT CITRUS MEMORIAL HOSPITAL, THE BARB WAS REMOVED FROM BEHIND THE DEFENDANT'S EAR. THE DEFENDANT WAS MEDICALLY CLEARED AND TRANSPORTED BY THIS DEPUTY FROM CITRUS MEMORIAL HOSPITAL TO CITRUS COUNTY DETENTION FACILITY APPROXIMATELY FOUR TO FIVE HOURS LATER. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE AND ADVISED HIM THAT SINCE THIS WAS HIS THIRD CHARGE, WITH TWO PRIOR CONVICTIONS, THAT IT WOULD NOW BE A FELONY. I ADVISED THE DEFENDANT HE WAS ALSO BEING CHARGED WITH DRIVING WHILE LICENSE SUSPENDED THIRD OFFENSE, WHICH IS ALSO A FELONY, ONE COUNT OF FLEEING AND ELUDING, AND RESISTING AN OFFICER WITHOUT VIOLENCE. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .047 AND .045 (APPROXIMATELY FIVE HOURS AFTER INITIAL TRAFFIC STOP). PRIOR TO LEAVING THE SCENE, CONTACT WAS MADE WITH THE DEFENDANT'S PARENTS WHO ADVISED THEY WOULD BE EN-ROUT TO PICK UP THE VEHICLE. THE DEFENDANT WAS CHARGED WITH ONE FELONY COUNT OF DRIVING UNDER THE INFLUENCE WITH A BOND OF $5000.00, ONE FELONY COUNT OF DRIVING WHILE LICENSE SUSPENDED KNOWINGLY WITH A BOND OF $5,000.00, ONE COUNT OF FLEEING AND ELUDING WITH A BOND OF $2,000.00, ONE COUNT OF RESISTING AN OFFICER WITHOUT VIOLENCE WITH A BOND OF $1,000.00, FOR A TOTAL BOND OF $13,000 PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 0191-XEJ WITH A MANDATORY COURT APPEARANCE, DATE TO BE DETERMINED. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A1BTQDP, FOR DRIVING WHILE LICENSE SUSPENDED/REVOKED KNOWINGLY WITH A COURT DATE TO BE DETERMINED. THE DEFENDANT WAS ISSUED WRITTEN WARNING NUMBER 399407B FOR DRIVING LEFT OF THE CENTER LINE. THE CITATIONS ALONG WITH A COPY OF THE MEDICAL RELEASE FORM WAS LEFT WITH THE DEFENDANT'S PROPERTY AT CITRUS COUNTY DETENTION FACILITY. COPIES OF ALL PAPERWORK WAS TURNED IN TO RECORDS. NO FURTHER ACTION TAKEN BY THIS DEPUTY AT THIS TIME. |
