Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR 15-16998) (15-140918) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN THE PROPERTY OF THE WALGREENâS, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, AND AFTER HAVING BEEN PREVIOUSLY WARNED, TO WIT: ON 102715, IS IN VIOLATION OF FLORIDA STATE STATUTES 810.09. 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 NUMBER 856.011. ON 102715 AT APPROXIMATELY 1419 HOURS I WAS DISPATCHED TO WALGREENâS LOCATED AT 4029 SOUTH SUNCOAST BOULEVARD, HOMOSASSA, IN REFERENCE TO TWO MEN CAUSING A DISTURBANCE IN THE PARKING LOT. UPON ARRIVAL, CONTACT WAS MADE WITH DEPUTY DEARDEN (0363) WHO WAS STANDING IN FRONT OF TWO MALES SITTING ON A BENCH ON THE NORTH SIDE OF THE BUILDING. THE INDIVIDUALS WERE LATER IDENTIFIED AS THE DEFENDANTS, MR SCOTT DION AND MR PAUL MOLINI. DEPUTY DEARDEN INFORMED ME that HE WAS ADVISED BY THE MANAGER OF WALGREENS, MR KEVIN BRIGHTMAN, THAT THE TWO DEFENDANTâS WERE MAKING INAPPROPRIATE COMMENTS TO FEMALE PATRONS ASKING THEM ââDO YOU SUCK DICK?ââ, AS THEY would WALK BY. I OBSERVED DEFENDANT MOLINI TO BE SLUMPED OVER AND LEANING AGAINST DEFENDANT DION, VISIBLY INTOXICATED. DEFENDANT DION WAS INTOXICATED to the POINT WHERE HIS SPEECH WAS SLURRED AND HE HAD A SWAY ABOUT HIS PERSON EVEN WHILE SITTING. I OBSERVED DEFENDANT DION TAKE OUT THREE DIFFERENT CIGARETTES AND UPON TAKING OUT EACH CIGARETTE HE WOULD ASK DEFENDANT MOLINI, THEN DEPUTY DEARDEN, THEN MYSELF IF WE HAD A LIGHTER, AND WHEN HE WAS ADVISED WE DID NOT, HE THREW THE CIGARETTE ON THE GROUND. DEPUTY DEARDEN INFORMED BOTH DEFENDANTS THEY WERE BEING TRESPASSED FROM THE PROPERTY AND THEY NEEDED TO LEAVE. DEFENDANT DION ADVISED HE WAS TOO INTOXICATED TO WALK. I ASKED DEFENDANT DION IF HE HAD ANY MONEY WHERE HE COULD CALL A TAXI. HE ADVISED HE DID NOT. I ASKED DEFENDANT MOLINI IF HE HAD ANY MONEY FOR A TAXI. HE GAVE UNINTELLIGIBLE ANSWER. I ASKED DEFENDANT DION IF HE HAD A CELLULAR PHONE SO HE COULD CALL TO GET A RIDE AND HE STATED YES. DEFENDANT DION WAS TOLD TO CALL SOMEONE TO GIVE HIM A RIDE. HE REMOVED HIS TELEPHONE FROM HIS POCKET, BUT PRIOR TO MAKING THE CALL HE ATTEMPTED TO LIGHT ANOTHER CIGARETTE WITH THE SAME RESULTS AS EARLIER. AFTER BEING TOLD SEVERAL TIME TO CALL FOR A RIDE BY DEPUTY DEARDEN AND MYSELF, DEFENDANT DION MADE A TELEPHONE CALL. AFTER ENDING THE CALL, I ASKED IF HE HAD CONTACTED ANYONE FOR A RIDE. HE ADVISED HE HAD CALLED HIS SISTER AND LEFT A MESSAGE AND HE HAD NO ONE ELSE TO CALL. AT THIS TIME, DEFENDANT MOLINI STOOD UP AND ADVISED HE WAS GOING IN THE STORE TO GET A LIGHTER AND BEGAN TO WALK TOWARDS THE FRONT OF THE STORE. I APPROACHED DEFENDANT MOLINI AND ADVISED HIM NOT TO GO INSIDE THE STORE AS HE HAD BEEN TRESPASSED. DEFENDANT MOLINI ADVISED ââI WILL DO WHAT I WANT.ââ I INFORMED DEFENDANT MOLINI TO COLLECT HIS BELONGINGS AND LEAVE the PROPERTY OR HE WOULD BE ARRESTED FOR TRESPASSING AFTER WARNING. DEFENDANT MOLINI TURNED AND AGAIN BEGAN WALKING TOWARDS THE ENTRANCE OF THE STORE. AT THAT POINT I ADVISED DEFENDANT MOLINI THAT HE WAS BEING PLACED UNDER ARREST FOR TRESPASS AFTER WARNING. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. DEFENDANT DION WAS ADVISED BY DEPUTY HESSE TO GATHER HIS BELONGINGS AND LEAVE THE PROPERTY. DEFENDANT DION PICKED UP HIS BACK PACK AND BEGAN WALKING TOWARDS THE ROADWAY, BUT AFTER APPROXIMATELY FIVE STEPS HE THREW HIS BAG DOWN, BALLED HIS FISTS, AND WALKED BACK TOWARDS US. DEPUTY HESSE AND I PLACED THE DEFENDANT IN HANDCUFFS AND ADVISED HIM HE WAS BEING PLACED UNDER ARREST FOR TRESPASS AFTER WARNING. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SEARCHED. DEFENDANT DION WAS THEN PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DUE TO DEFENDANT MOLINIâS LEVEL OF INTOXICATION, EMERGENCY MEDICAL SERVICES WAS CALLED TO the SCENE WHERE THEY MEDICALLY CLEARED HIM. UPON BEING CLEARED BY EMERGENCY MEDICAL SERVICES DEFENDANT MOLINI WAS TRANSPORTED BY DEPUTY HESSE TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DUE TO THE DEFENDANTâS LEVEL OF INTOXICATION AND THEIR INAPPROPRIATE BEHAVIOR AT the STORE, THEY WERE BOTH CHARGED WITH PUBLIC INTOXICATION. DUE TO THE DEFENDANTâS REFUSAL TO LEAVE THE PROPERTY AFTER BEING INSTRUCTED BY LAW ENFORCEMENT TO DO SO, THEY WERE CHARGED WITH TRESPASS AFTER WARNING. THE DEFENDANTâS BOND WAS SET AT $1,000.00 FOR TRESPASS AFTER WARNING AND $500.00 FOR PUBLIC INTOXICATION, FOR A TOTAL BOND OF $1,500.00, PER THE BOND SCHEDULE. |