| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDAN 0453 (AR09108150) DID VIOLATE FLORIDA STATE STATUTE 790.12(2) AND DID VIOLATE FLORIDA STATE STATUTE 790.23(1)(A) ON 031409 AT APPROXIMATELY 2333 HOURS, MYSELF AND CANINE DEPUTY RITLI WERE TRAVELING NORTHBOUND ON US HIGHWAY 19. DEPUTY RITLI ADVISED ME VIA RADIO THAT HE HAD JUST OBSERVED A VEHICLE TRAVELING WESTBOUND ON WEST GOODMAN LANE, APPROACHING US HIGHWAY 19 AT A HIGH RATE OF SPEED. BOTH DEPUTY RITLI AND I TURNED OUR PATROL VEHICLES AROUND, OBSERVED THE VEHICLE TO CROSS OVER THE NORTHBOUND LANES OF US HIGHWAY 19 AND TURN LEFT, HEADING SOUTH ON US HIGHWAY 19. WHILE ATTEMPTING TO CATCH UP TO THE VEHICLE, THE VEHICLE TURNED RIGHT ON WEST KINGSTON DRIVE. DEPUTY RITLI CONTINUED TO FOLLOW THE VEHICLE WHICH TURNED LEFT ON WEST PALM BEACH LOOP, THEN CONTINUED TO GO AROUND the CIRCLE AND BACK OUT ON TO WEST KINGSTON DRIVE. MY PATROL VEHICLE WAS PARKED ON THE SIDE OF THE ROAD IN FRONT OF THE APPROACHING SUSPECT VEHICLE, AT WHICH TIME THE VEHICLE STOPPED IN THE MIDDLE OF THE ROAD. JUST PRIOR TO THE VEHICLE STOPPING, I WAS APPROACHED BY A COMPLAINANT WHO LIVED ON THE CORNER OF WEST GOODMAN LANE AND SOUTH STONEBROOK DRIVE. THE COMPLAINANT EXITED HIS VEHICLE AND AS HE APPROACHED ME, IT WAS CLEAR THAT HE WAS VISIBLY UPSET AND SHAKEN. THE COMPLAINANT ADVISED THAT HE HAD OBSERVED A TWO DOOR VEHICLE WITH LONG TAIL LIGHTS PASS HIS HOUSE WITH BOTH ITS HEADLIGHTS AND TAIL LIGHTS TURNED OFF. AS THE COMPLAINANT WATCHED THE VEHICLE FROM THE FRONT YARD OF HIS RESIDENCE, HE OBSERVED THE VEHICLE STOP ON WEST GOODMAN LANE, NEAR THE INTERSECTION OF SOUTH STONEBROOK DRIVE. AFTER THE VEHICLE STOPPED, AN INDIVIDUAL FROM INSIDE THE VEHICLE REACHED OUT OF THE VEHICLE AND DISCHARGED A FIREARM, APPROXIMATELY THREE TIMES. THE COMPLAINANT FURTHER STATED HE BELIEVED THE FIREARM WAS A SMALLER CALIBER, POSSIBLY A 22, AND THAT HE DID OBSERVE THE MUZZLE FLASH INDICATING THAT IT WAS IN FACT A FIREARM. THE COMPLAINANT THEN JUMPED INTO HIS TRUCK AND ATTEMPTED TO CHASE DOWN THE SUSPECT VEHICLE, AT WHICH TIME THE SUSPECT VEHICLE FLED TOWARD US HIGHWAY 19 AT A HIGH RATE OF SPEED. THE COMPLAINANT FURTHER ADVISED THAT THE SUSPECT VEHICLE DID IN FACT TURN RIGHT ON WEST KINGSTON DRIVE. THE COMPLAINANT THEN STATED HE BELIEVED THE VEHICLE WHICH WAS CURRENTLY STOPPED BETWEEN DEPUTY RITLI AND I WAS IN FACT THE SAME VEHICLE HE HAD SEEN. I NOTIFIED DEPUTY RITLI TO ACTIVATE HIS OVERHEAD EMERGENCY LIGHTS AND CONDUCT A TRAFFIC STOP. I RESPONDED TO DEPUTY RITLI'S LOCATION WHERE I MADE CONTACT WITH ALL THREE SUBJECTS SITTING INSIDE OF THE VEHICLE. THE DEFENDANT, MR ROY DONALDSON, WAS SEATED IN THE DRIVER SEAT. MR CHARLES HARRIS WAS SEATED ON THE FRONT PASSENGER SEAT. MR TOD KEMERER WAS SEATED IN THE REAR SEAT. ALL THE IDENTITIES OF THE INDIVIDUALS IN THE VEHICLE WERE CONFIRMED THROUGH FCIC/NCIC. I MADE CONTACT WITH THE DEFENDANT/DRIVER, MR ROY DONALDSON, AND EXPLAINED TO HIM WHY HIS VEHICLE HAD BEEN STOPPED. I ASKED IF THERE WERE ANY WEAPONS LOCATED INSIDE THE VEHICLE OR ON ANY PERSON INSIDE THE VEHICLE, TO WHICH HE STATED NO. MR DONALDSON CONSENTED TO A SEARCH OF HIS VEHICLE AND VOLUNTARILY EXITED HIS VEHICLE ALONG WITH HIS TWO PASSENGERS. A CONSENSUAL SEARCH OF ALL PERSONS AND THE VEHICLE MET WITH NEGATIVE RESULTS FOR ANY CONTRABAND, WEAPONS, AMMUNITION OR SHELL CASINGS. AT THAT POINT, FIELD INTERVIEW REPORTS WERE COMPLETED BY DEPUTY RITLI ON ALL SUBJECTS WITHIN THE VEHICLE AFTER which THEY WERE RELEASED ON SCENE. I AGAIN made CONTACT WITH THE COMPLAINANT AND FOLLOWED HIM TO HIS RESIDENCE IN AN ATTEMPT TO LOCATE ANY EVIDENCE RELATED TO THE SHOOTING OF THE FIREARM FROM THE VEHICLE. WHILE ON SCENE WITH THE COMPLAINANT, I WAS ADVISED BY DEPUTY RITLI THAT HE HAD LOCATED THE WEAPON ON THE RIGHT SIDE OF WEST KINGSTON LANE NEAR THE INTERSECTION OF US HIGHWAY 19. I RESPONDED TO DEPUTY RITLI'S LOCATION WHERE I PHOTOGRAPHED THE SCENE AND RETRIEVED THE FIREARM WHICH WAS A LOADED 22 CALIBER SEMI AUTOMATIC PISTOL. THE PISTOL'S HAMMER WAS BACK AS IF IT HAD BEEN RECENTLY FIRED. THERE WAS ONE ROUND IN THE CHAMBER AND SEVERAL OTHER ROUNDS IN THE MAGAZINE. THE FIREARM WAS CLEARED AND PROCESSED FOR LATENT FINGERPRINTS. BOTH LATENT LIFTS WERE LATER TURNED IN TO CCSO EVIDENCE DIVISION. BOTH THE FIREARM AND AMMUNITION WERE PACKAGED AND LATER TURNED IN TO CCSO EVIDENCE DIVISION. AFTER PROCESSING THE SCENE, DEPUTY PERUCHE, WHO HAD ARRIVED ON SCENE, ALONG WITH DEPUTY RITLI AND I RETURNED TO THE COMPLAINANT'S ADDRESS. DEPUTY RITLI AND DEPUTY PERUCHE WERE ABLE TO LOCATE TWO 22 CALIBER SHELL CASINGS IN THE ROADWAY NEAR THE INTERSECTION OF WEST GOODMAN LANE AND SOUTH STONEBROOK DRIVE, ON the SOUTH SIDE OF THE ROAD. FURTHER INVESTIGATION ALSO REVEALED WHAT APPEARED TO BE TWO FRESH BULLET HOLES IN A TREE LOCATED ON THE SOUTH SIDE RIGHT OF WAY OF WEST GOODMAN LANE. IT SHOULD BE NOTED THAT DIRECTLY BEHIND THE TREE WAS A RESIDENCE WITH NUMEROUS CHILDREN'S TOYS INDICATING THAT CHILDREN POSSIBLY LIVED AT THE HOME DIRECTLY BEHIND THE TREE THAT WAS SHOT. IT WAS ALSO DETERMINED THAT THE COMPLAINANT WAS IN FACT CLOSER THAN ONE HUNDRED YARDS TO THE DISCHARGE OF THE FIREARM. THE COMPLAINANT REITERATED THAT THE SHOTS DID COME FROM THE DRIVER SIDE OF the TWO DOOR VEHICLE. IT WAS AT THIS TIME THAT DEPUTY RITLI, DEPUTY PERUCHE, DEPUTY MCINTYRE, DETECTIVE KESZTHELYI AND I RESPONDED TO 8823 WEST WHITE DOGWOOD DRIVE, APARTMENT FIVE, WHERE WE MADE CONTACT WITH THE DRIVER/DEFENDANT OF THE SUSPECT VEHICLE. I ASKED MR DONALDSON IF HE MINDED STEPPING OUTSIDE OF THE RESIDENCE TO SPEAK WITH US, TO WHICH HE VOLUNTARILY COMPLIED. ONCE OUT BY THE ROADWAY, MR DONALDSON WAS READ HIS MIRANDA WARNINGS VIA CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH THIS DEPUTY. IT WAS AT THAT TIME THAT I RETRIEVED THE UNLOADED FIREARM, WE HAD PREVIOUSLY LOCATED IN THE WOOD LINE, FROM MY PATROL VEHICLE. I SET IT ON THE HOOD OF MY PATROL VEHICLE AND ASKED MR DONALDSON WHAT HE KNEW ABOUT THE FIREARM. MR DONALDSON BECAME EXTREMELY NERVOUS, LOOKED DOWN AT THE GROUND AND THEN STATED "ITS MINE, I'M A CONVICTED FELON AND I HAD POSSESSION OF IT. I SHOT IT JUST BEFORE YOU GUYS STOPPED ME AND I THREW IT OUT THE WINDOW WHEN I SAW YOU GUYS MAKE THE U-TURN." MR DONALDSON CONTINUED HIS CONFESSION, STATING THAT HE HAD HELPED HIS FRIEND MOVE INTO THE RESIDENCE LOCATED ON WHITE DOGWOOD EARLIER TODAY AND DURING THE DAY HE STOLE THE FIREARM FROM HIS FRIEND. CONTACT WAS MADE WITH THE OWNER OF THE FIREARM WHO WAS TOLD ABOUT THE SITUATION INVOLVING MR DONALDSON. THE OWNER OF THE FIREARM STATED HE DID NOT WISH TO PURSUE THEFT CHARGES. A WAIVER OF PROSECUTION WAS THEN SIGNED BY THE OWNER OF THE FIREARM. IT SHOULD ALSO BE NOTED THAT MR DONALDSON STATED HE HAD BEEN RELEASED FROM PRISON IN DECEMBER OF 2008, THAT HE HAD BEEN CONVICTED OF NUMEROUS FELONIES AND AT NO TIME WERE HIS RIGHTS RESTORED. THE EXECUTIVE OFFICE OF CLEMENCY WAS CONTACTED VIA TELEPHONE BY DETECTIVE KESZTHELYI AND A VERBAL CONFIRMATION THAT MR DONALDSON HAD NOT HAD HIS RIGHT TO BEAR ARMS RESTORED WAS CONFIRMED AND THAT THERE WERE NO APPLICATIONS CURRENTLY ON FILE. DETECTIVE KESZTHELYI STATED HE WOULD OBTAIN THE GOLD SEAL CLEMENCY PAPER FROM THE OFFICE OF CLEMENCY AND FORWARD IT TO THE STATE ATTORNEY'S OFFICE UPON RECEIPT. MR DONALDSON ALSO MADE SPONTANEOUS STATEMENTS STATING "IF YOU HAVE FINGERPRINTS FROM THE GUN, THEY WILL ME MINE. I AM THE ONLY ONE WHO TOUCHED IT AND THE ONLY ONE WHO FIRED IT." MR DONALDSON WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN the REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON FURTHER INVESTIGATION OF DEFENDANT DONALDSON'S BACKGROUND, IT WAS REVEALED THAT THE DEFENDANT PRELIMINARILY QUALIFIES AS AN HABITUAL FELONY OFFENDER (HFO) AND A PRISON RELEASE RE-OFFENDER (PRR) PER FPAA GUIDELINES AND FLORIDA STATE STATUTES. DUE TO THE DEFENDANT LAST BEING RELEASED FROM PRISON ON 120808 (DOC NUMBER 402678) AS WELL AS THE DEFENDANT BEING A CURRENTLY REGISTERED SEX OFFENDER WITH AN EXTENSIVE HISTORY OF BURGLARIES AND GRAND THEFTS, MR DONALDSON'S BOND WAS SET AT NO BOND. *NOT-EXEMPT* |
