| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (AR10116215) 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(4)(A) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY LAHERA, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT REFUSED TO COMPLY WITH MY ORDER TO RAISE HIS HANDS AND DROP TO HIS KNEES AND THEN AFTER COMPLYING HE ROSE AGAIN AND TRIED TO DEFY MY ORDER AGAIN WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: THE DEFENDANT HAD THREE ONE MILLIGRAM OF XANAX SCHEDULE FOUR DRUG, in violation of Florida Statutes 893.13(6)(A) ON 080610, WHILE RESPONDING TO A BURGLARY IN PROGRESS, DEPUTY STRICKLAND AND I WERE HEADING NORTHBOUND ON HIGHWAY 41 RUNNING CODE. WE STOPPED AT THE INTERSECTION HIGHWAY 41 AND COUNTY ROAD 486, WHERE DEPUTY STRICKLAND ENTERED THE INTERSECTION AFTER STOPPING TRAFFIC, THERE WAS A RED CAMARO IN THE INTERSECTION THAT HAD MADE A COMPLETE STOP, WHEN I OBSERVED A BLUE, FORD, F-150, PICK-UP RUN INTO THE BACK OF THE RED CAMARO, DEPUTY STRICKLAND CROSSED THE INTERSECTION SAFElY AND I RESPONDED TO THE ACCIDENT KEEPING MY EMERGENCY LIGHTS ON to block the intersection, because of the accident. i then observed the blue ford PICK-UP drive EASTBOUND on parsons point rOAd, stopping by the brannen bank on the right hand side. i followed the blue PICK-UP with my lights on WHEN both DEFENDANTS had stepped out of the VEHICLE and advised that they were "ok, if i could cHECK on the other VEHICLE, that they hit pretty hard". i then drove back to the intersection of COUNTY ROAD 486 and HIGHWAY 41, APPROXIMATELY 300 yards away from where the accident OCCURRED. while i was driving back to the sCene of the accident, i observed both DEFENDANTs jump back into the PICK-UP and then leave at a high rate of speed EASTBOUND on parsons point ROAD. i then pulled my patrol VEHICLE around, activated my EMERGENCY lights and sirens and began to pursue the blue ford PICK-UP. the blue PICK-UP pulled into 4240 parsons point ROAD, where it drove through the back YARD and became stuck near the wooded area. i exited my vehicle and observed THE DEFENDANT, MR ronald smith, jump out of the PICK-UP ON THE DRIVER'S SIDE and DEFENDANT MR richard smith jump out of the passenger side. both SUBJECTs started to run towards me, where i then drew my AGENCY ISSUED weapon, pointed it at both SUBJECTs and advised them to raise their hands, where i could see them and to drop to their knees. THE DEFENDANT, MR richard smith, then stated "just shoot me, i haven't done anything wrong". i then began to yell "show me your hands and drop to your knees" until both SUBJECT's complied. i then had both DEFENDANTS lIE down on their stomachs with their hands in front of THEM. THE DEFENDANT, MR richard SMITH, then stated "are you gonna shoot me if i get up", i advised hIM not to move. i then called for backup, the DEFENDANT, MR ronald smith then rose from his laiN down position and stated "just shoot me i'm not gonna stay here". shortly after the DEFENDANT, MR richard smith, got up to his feet and began to walk, i then TRANSITIONED from my gun to my taser, pointed my taser at MR ronald SMITH and advised him that if he did not drop to the ground i would tase him; wITH my taser was pointed at his stomach. The DEFENDANT, MR RONALD SMITH, then complied with my orders and went back to the prone position. i then pointed my taser at THE DEFENDANT, MR richard smith, and told him to lIE down in a prone position, where he refused. by this time, my back up DEPUTY had arrived, DEPUTY culbertson. after THE DEFENDANT, MR richard SMITH, observed the second DEPUTY arrive on scene, he then started to comply. DEPUTY culbertson then handcuffed THE DEFENDANT, MR ronaLD SMITH. I ATTEMPTED TO HANDCUFF THE DEFENDANT, MR RICHARD SMITH, BUT THE DEFENDANT DID NOT WANT TO GIVE ME HIS HANDS OR TURN HIS HEAD AWAY FROM ME. I THEN TOOK MY TASER PUSHING IT INTO HIS RIBS AND I INFORMED HIM, THAT IF HE DID NOT COMPLY, I WOULD TASE HIM. HE THEN COMPLIED ALLOWING ME TO HANDCUFF HIM BEHIND HIS BACK. THE DEFENDANT, MR RONALD SMITH, HAD MADE A STATEMENT THAT THE ONLY REASON WHY HE RAN IS THAT HE WAS JUST RELEASED FROM THE PINELLAS COUNTY DETENTION FACILITY ON AN RELEASED ON OWN RECOGNIZANCE (ROR) AND THAT HE PANICKED, BECAUSE HE WAS DRIVING ON A SUSPENDED DRIVER'S LICENSE. I THEN QUESTIONED THE DEFENDANT IF THE TRUCK WAS STOLEN, HE INFORMED ME THAT IT WAS NOT. I QUESTIONED HIM WHY THE TAG BELONGED TO A JEEP AND NOT A TRUCK. HE INFORMED ME THAT THE PLATE BELONGED TO HIS SISTER AND THAT HIS PLATES WERE EXPIRED AND HE PUT HER PLATE ON THE VEHICLE INSTEAD OF HIS. I THEN INFORMED THE DEFENDANT, MR RONALD SMITH THAT HE WAS BEING PLACED UNDER ARREST. I READ HIM HIS MIRANDA RIGHTS VIA AGENCY PREPRINTED CARD. AT THAT TIME, HE ADVISED THAT HE WANTED A LAWYER AND NO QUESTIONS WERE ASKED OF THE DEFENDANT, AT THAT TIME. I THEN INFORMED THE DEFENDANT, MR RICHARD SMITH, THAT HE WAS BEING PLACED UNDER ARREST FOR RESISTING WITHOUT VIOLENCE AND READ HIM HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. A SEARCH WAS DONE INCIDENT TO ARREST, WHERE I RECOVERED THREE XANAX PILLS, THREE VIAGRA PILLS AND FIVE .38 SPECIAL BULLETS. THE DEFENDANT, MR RONALD SMITH, WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE AND THERE WAS A STRONG ALCOHOLIC BEVERAGE EMITTING FROM HIS BODY. I THEN ASKED THE DEFENDANT IF HE WOULD SUBMIT TO A BREATH TEST, HE ADVISED THAT HE WOULD. I THEN BEGAN TO READ HIM HIS CONSENT RIGHTS, HE ADVISED THAT HE DID NOT WANT TO BE READ HIS CONSENT RIGHTS THAT THEY COULD BE READ WHEN HE GOT TO JAIL. I THEN ASKED THE DEFENDANT WHO THE PILLS BELONGED TO; WERE THEY RICHARD'S OR HIS AND HE INFORMED ME THAT THEY WERE HIS PILLS AND THAT THEY WERE NOT HIS BROTHER'S. I THEN TRANSPORTED THE DEFENDANT, MR RONALD SMITH, TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT 'S BOND WAS SET AT A TOTAL OF $7,500.00 PER THE BOND SCHEDULE. TWO UNIFORM TRAFFIC CITATIONS WERE WRITTEN TO THE DEFENDANT, MR RONALD SMITH, CITATION NUMBER 8104FRY7 FOR DRIVING WHILE LICENSE SUSPENDED (DWLS) KNOWINGLY WITH A MANDATORY COURT DATE OF 082610 AT 1300 HOURS. UNIFORM TRAFFIC CITATION, CITATION NUMBER 8106FRY9 FOR ATTACH TAG NOT ASSIGNED ALSO WITH A MANDATORY COURT DATE OF 082610 AT 1300 HOURS. *NOT-EXEMPT* |
