| Probable cause affidavit: |
SUBMITTED BY: MATOS, THOMAS 0675 (AR11121996) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MATOS, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: TENSED UP HIS ARM AROUND DEPUTY MATOS' ARM IN AN AGGRESSIVE MANNER, OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02; AND did knowingly, actually and intentionally THREATEN TO touch or strike DEPUTY MATOS, a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2)(A); AND DID CORRUPT THE PUBLIC MORALS, OR OUTRAGE THE SENSE OF PUBLIC DECENCY, OR AFFECT THE PEACE AND QUIET OF PERSONS WHO MAY WITNESS THEM, OR ENGAGE IN BRAWLING OR FIGHTING, OR ENGAGED IN SUCH CONDUCT AS TO CONSTITUTE A BREACH OF PEACE OR DISORDERLY CONDUCT, IN VIOLATION OF FLORIDA STATE STATUTE 877.03; AND DID 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 073111 AT APPROXIMATELY 1512 HOURS, I WAS DISPATCHED TO A CALL AT THE HAYES MOTEL IN CRYSTAL RIVER, REFERENCE A DISTURBANCE IN THE PARKING LOT. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR TIMOTHY BAKER. MR BAKER ADVISED THAT THE DEFENDANT, MR SCOTT HERBERT, HAD BEEN DRINKING IN EXCESS, WHICH IS A NORMAL HABIT FOR HIM. THE VICTIM ADVISED THAT THE RESIDENTS OF THE HAYES MOTEL ARE VERY FAMILIAR WITH DEFENDANT'S DRINKING HABITS AND WERE AWARE THAT HE TAKES MEDICATIONS THAT AMPLIFY THE EFFECTS OF ALCOHOL. THE VICTIM ADVISED THAT THE RESIDENTS OF THE HAYES MOTEL NORMALLY ARE ABLE TO COPE WITH THESES EPISODES FROM THE DEFENDANT, HOWEVER, THE DEFENDANT WAS EXCESSIVELY VERBALLY ABUSIVE TOWARDS THE RESIDENTS OF THE HAYES MOTEL SPECIFICALLY THE VICTIM. THE DEFENDANT PROCEEDED TO HIT THE VICTIM'S TRUCK WITH HIS HAND AND IN THE COURSE OF THE VERBAL ABUSE THE DEFENDANT THREATENED THE LIFE OF THE VICTIM THREE TIMES BY UNKNOWN MEANS. I THEN MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT HAD A STRONG ODOR OF AN ALCOHOLIC SUBSTANCE EMITTING FROM HIS PERSON, SLURRED speech, GLAZED EYES, AND SEEMED SEVERELY DISORIENTED. UPON MY INITIAL CONTACT WITH THE DEFENDANT HE WAS UNCOOPERATIVE AND VERBALLY COMBATIVE. THE DEFENDANT INITIALLY REFUSED TO GIVE ME HIS NAME, BUT EVENTUALLY DECIDED TO COOPERATE IN PROVIDING HIS NAME AND DATE OF BIRTH. WHILE I WAS ATTEMPTING TO CHECK THE DEFENDANT THROUGH TELETYPE DISPATCH FOR ANY WANTS OR WARRANTS, THE DEFENDANT CONTINUED TO BE VERBALLY COMBATIVE ADVISING THAT I HAD NO RIGHT TO TALK TO HIM AS I POSSESSED NO WARRANT. THE DEFENDANT REPEATEDLY TRIED TO PLACE HIS RIGHT HAND IN HIS RIGHT POCKET, TO WHICH I REQUESTED THAT HE NOT DO SO. THE DEFENDANT IGNORED MY REQUEST EACH AND EVERY TIME. WHEN I ASKED THE DEFENDANT TO PLEASE BE QUIET SO THAT I COULD HEAR RADIO DISPATCH, HE ADVISED ME, "HELL NO, FUCK YOU." FOR MY SAFETY AND THE DEFENDANT'S SAFETY, I DECIDED TO DETAIN THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. I ADVISED THE DEFENDANT THAT THIS WAS NECESSARY DUE TO HIS INTOXICATED STATE AND COMBATIVE NATURE. AT THAT TIME, THE DEFENDANT BRIEFLY COMPLIED AND I WAS ABLE TO RECEIVE THE NECESSARY INFORMATION FROM THE TELETYPE DISPATCHER. SHORTLY AFTER RECEIVING THE INFORMATION FROM DISPATCH, THE DEFENDANT RESUMED BEING UNCOOPERATIVE AND ARGUMENTATIVE. THE DEFENDANT BEGAN WALKING BACKWARDS AWAY FROM ME AND IGNORED MY REQUEST FOR HIM TO STOP AND RETURN TO MY AREA. AT THAT TIME, DEPUTY SHANNON PHILLIPS ASSISTED ME IN PLACING THE DEFENDANT ON THE GROUND SITTING UPRIGHT TO AVOID THE DEFENDANT POSSIBLY TAKING OFF ON FOOT. DURING THIS TIME, BOTH DEPUTY PHILLIPS AND I WERE TRYING TO OBTAIN STATEMENTS FROM THE RESIDENTS OF THE HAYES MOTEL, ALL OF WHICH DECLINED WITH THE EXCEPTION OF THE VICTIM, MR BAKER. THE DEFENDANT BEGAN TRYING TO PLACE HIS HANDCUFFED HANDS INTO HIS FRONT RIGHT POCKET. I REPEATEDLY ASKED THE DEFENDANT TO REMOVE HIS HANDS FROM HIS POCKET, TO WHICH HE AGAIN BECAME VERBALLY COMBATIVE AND UNCOOPERATIVE. I THEN PROCEEDED TO PLACE THE DEFENDANT ON HIS STOMACH SO THAT HE COULD NOT GAIN ACCESS TO his FRONT RIGHT POCKET. I THEN SEARCHED THE DEFENDANT TO ASCERTAIN THE CONTENTS OF HIS FRONT RIGHT POCKET AND FOUND THERE TO BE PERSONAL ITEMS SUCH AS A VA IDENTIFICATION CARD, DEBIT CARD, AND CELLULAR TELEPHONE. THE DEFENDANT WAS FOUND TO HAVE NO OTHER ITEMS ON HIS PERSON. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR DISORDERLY INTOXICATION, AND BREACH OF PEACE. THE DEFENDANT CONTINUED TO BE UNCOOPERATIVE AND VERBALLY COMBATIVE. WHILE ESCORTING THE DEFENDANT TO MY PATROL VEHICLE FOR TRANSPORT THE DEFENDANT ADVISED ME HE WAS GOING TO HEAD BUTT ME AND THE DEFENDANT BEGAN TURNING TOWARDS ME. I ASSUMED AN ARMED BAR ESCORT POSITION, DUE TO THE DEFENDANT'S ACTIONS OF TRYING TO TURN TOWARDS ME AFTER THREATENING TO HEAD BUTT ME. DUE TO THE DEFENDANT BEING APPROXIMATELY NINE INCHES TALLER THAN ME, I SECURED HIS LEFT ARM WITH MY RIGHT ARM FROM UNDERNEATH HIS ELBOW WITH MY HAND GRASPING HIS BICEP. WHEN I ASSUMED THIS POSITION THE DEFENDANT CLOSED HIS LEFT ARM ON MY ARM PULLING ME INTO HIM AND AGAIN TRIED TO TURN TOWARDS ME. DUE TO THE DEFENDANT'S ACTION AT THAT TIME, I ONCE AGAIN PLACED THE DEFENDANT ON THE GROUND AND REQUESTED ASSISTANCE FROM DEPUTY PHILLIPS. DEPUTY PHILLIPS ASSISTED ME WITH PLACING THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE WHERE LEG RESTRAINTS WERE APPLIED DUE TO THE DEFENDANT'S CONTINUED COMBATIVE NATURE. I THEN PROCEEDED TO TRANSPORT THE DEFENDANT TO THE DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET AT $5,900.00 PER THE BOND SCHEDULE. "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* |
