| Probable cause affidavit: |
SUBMITTED BY: HRYC, CHRISTOPHER 0701 (AR11120057) THE DEFENDANT, MR RUSSELL ELMAR, DID HAVING BEEN CONVICTED OF A FELONY, UNLAWFULLY OWN OR HAVE IN HIS CARE, CUSTODY, POSSESSION OR CONTROL A SHINY METALLIC PAIR OF BRASS KNUCKLES , IN VIOLATION OF FLORIDA STATUTE 790.23(1)(A). ON 040111, I RESPONDED TO 1180 SOUTH TRELLIS DRIVE, IN HOMOSASSA, IN REFERENCE TO A WHITE MALE WEARING A WHITE TEE SHIRT AND BLUE JEANS WALKING AROUND IN AN ABANDONED VACANT RESIDENCE. UPON ARRIVAL I WALKED THE PERIMETER OF THE YARD AND CHECKED ALL THE WINDOWS AND DOORS OF THE RESIDENCE AND FOUND IT SECURE. I THEN LEFT THE RESIDENCE AND "BOLOED" THE AREA TO SEE IF I COULD LOCATE A SUBJECT MATCHING THAT DESCRIPTION. AS I BEGAN TO MAKE A LEFT TURN OFF TRELLIS ON TO IROQUOIS, I SAW A WHITE MALE WHO WAS SHIRTLESS WEARING BLUE JEANS, BROWN BOOTS AND CARRYING WHAT APPEARED TO BE A WHIT TEE SHIRT BALLED UP IN HIS RIGHT HAND. THE SUBJECT TURNED AROUND AND IMMEDIATELY DROPPED THE WHITE TEE SHIRT AND BEGAN TO WALK TOWARDS MY PATROL VEHICLE. I STEPPED OUT OF MY VEHICLE AND MADE CONTACT WITH THE SUBJECT LATER IDENTIFIED AS THE DEFENDANT, MR RUSSELL ELMAR. I ASKED THE DEFENDANT WHY HE APPEARED TO BE EXTREMELY SWEATY. THE DEFENDANT STATED HE JUST GOT IN TO A VERBAL ARGUMENT AT HIS RESIDENCE WITH A FRIEND. I THEN NOTICED THAT THE DEFENDANT HAD A PAIR OF PLIERS IN HIS RIGHT POCKET STICKING OUT. I ASKED THE DEFENDANT IF I COULD PAT HIM DOWN FOR WEAPONS AND CONTRABAND AND HE STATED "NO PROBLEM" AND PLACED BOTH HANDS ON MY PATROL VEHICLE. I NOTICED AS I BEGAN TO PAT HIM DOWN HE BECAME VERY NERVOUS AND KEPT ASKING ME WHY I WAS THERE. A SEARCH OF THE DEFENDANT SHOWED HE HAD FOUR DOLLARS, THREE LIGHTERS AND SOME CHANGE IN HIS POCKET. I EXPLAINED I WAS THERE BECAUSE A PERSON MATCHING HIS DESCRIPTION WAS JUST SEEN IN A VACANT RESIDENCE A quarter MILE DOWN THE ROAD. I THEN ASKED WHY HE DROPPED THE TEE SHIRT WHEN HE BEGAN TO WALK TOWARDS ME AND HE SIMPLY STATED "I DON'T KNOW". AS I WALKED OVER TO THE TEE SHIRT I PICKED IT UP. THE TEE SHIRT WAS NEATLY ROLLED UP AND AS I BEGAN TO UNRAVEL IT, A PAIR OF GOLD METALLIC METAL BRASS KNUCKLES FELL ON TO THE GRASS. AS I PICKED UP BRASS KNUCKLES, THE DEFENDANT BEGAN TO EXPLAIN "I KNOW I AM NOT SUPPOSED TO HAVE THOSE" AND BEGAN PLEADING WITH THIS DEPUTY TO GIVE HIM A BREAK. THE DEFENDANT STATED AT LEAST FIVE TIMES "I KNOW I AM NOT SUPPOSED TO HAVE THOSE. THE ONLY REASON I TOOK THOSE IS BECAUSE I THOUGHT MY FRIENDS WOULD CALL THE COPS AND I WOULD GO TO JAIL FOR HAVING THEM IN THE HOUSE". THE DEFENDANT THEN ASKED IF HE COULD PUT HIS WHITE TEE SHIRT BACK ON TO WHICH HE DID. I THEN COLLECTED THE DEFENDANT'S INFORMATION TO CHECK FOR WANTS AND WARRANTS. AFTER CHECKING FOR WANTS AND WARRANTS IT WAS DISCOVERED THAT THE DEFENDANT WAS ON FLORIDA INMATE RELEASE STATUS FOR BURGLARY. I THEN ASKED THE DEFENDANT IF HE WAS A CONVICTED FELON AND HE STATED HE WAS. I ASKED THE DEFENDANT IF HE HAD HIS CLEMENCY REINSTATED SINCE HE HAD BEEN RELEASED AND HE STATED HE HAS NOT EVEN FILLED OUT THE PAPERWORK. I THEN PLACED THE DEFENDANT UNDER ARREST FOR CARRYING A CONCEALED WEAPON AND TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT STATED "YOU ARE RUINING MY LIFE" AND THAT I WAS A "PIECE OF SHIT" AND "the BRASS KNUCKLES ARE NOT EVEN MINE". UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY I RAN THE DEFENDANT'S CRIMINAL HISTORY AND NOTICED THAT THE DEFENDANT HAS HAD SEVERAL FELONY CONVICTIONS FOR BURGLARY AND ALSO LARCENY. THE DEFENDANT WAS CHARGED WITH CARRYING A CONCEALED WEAPON BY A CONVICTED FELON. THE DEFENDANT'S BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. THE BRASS KNUCKLES AND PLIERS WERE THEN LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DEPARTMENT. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
