| Probable cause affidavit: |
SUBMITTED BY: NASWORTH, MATTHEW N384 (AR13-5677) FWC CASE NUMBER: FWNC-13-OFF-3475 did drive or was in the actual physical control of a veSSEL while under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893 or Chapter 877.111 to the extent HIS normal faculties were impaired, in violation of Florida Statute 327.35(1)(A) DEFENDANT DID REFUSE TO SUBMIT TO A LAWFUL TEST OF BLOOD, ALCOHOL, OR URINE, IN VIOLATION OF FLORIDA STATE STAT 316.1939(1)(E) ON 051913, AT APPROXIMATELY 2100 HOURS, I OBSERVED A VESSEL TRAVELING EAST IN THE HOMOSASSA RIVER. THE VESSEL APPEARED TO HAVE ITS NAVIGATION LIGHTS ACTIVATED. I FOLLOWED BEHIND THE VESSEL AND ACTIVATED MY EMERGENCY LIGHTS IN AN ATTEMPT TO STOP THE VESSEL FOR A BOATING SAFETY INSPECTION. IT TOOK THE DEFENDANT AT LEAST A MINUTE TO COME TO A COMPLETE STOP. UPON STOPPING THE VESSEL I MADE CONTACT WITH THE DEFENDANT, MR SEAN J DONOVAN, AND IMMEDIATELY DETECTED A STRONG ODOR OF ALCOHOL COMING FROM THE INTERIOR OF THE VESSEL. I ASKED THE DEFENDANT HOW HE WAS DOING THIS EVENING AND HE ADVISED ME, âOKAYâ. I ADVISED THE DEFENDANT I WAS STOPPING THEM TO CONDUCT A BOATING SAFETY INSPECTION OF THEIR VESSEL. I ASKED THE DEFENDANT IF HE COULD PROVIDE ME WITH LIFE JACKETS AND A FIRE EXTINGUISHER AND I OBSERVED HIM STUMBLE IN THE VESSEL AND HAD A DIFFICULT TIME HANDING ME THE FIRE EXTINGUISHER. WHILE SPEAKING TO THE DEFENDANT I DETECTED HIS SPEECH TO BE SLURRED AND MUMBLED. I ALSO OBSERVED THE DEFENDANTâS EYES TO BE WATERY AND BLOODSHOT. I ASKED THE DEFENDANT IF HE HAD BEEN DRINKING ANYTHING TODAY AND HE ADVISED ME, âYES, A FEW BEERSâ. I THEN ADVISED THE DEFENDANT I WAS GOING TO HAVE HIM PERFORM SOME STANDARDIZED FIELD SOBRIETY EXERCISES. I ACTIVATED MY ALL AROUND LIGHTS SO I COULD OBSERVE THE DEFENDANT BETTER. I ADVISED THE DEFENDANT I WAS GOING TO PERFORM THE HORIZONTAL GAZE NYSTAGMUS. I ADVISED THE DEFENDANT TO KEEP HIS HEAD STILL AND FOLLOW THE STIMULANT WITH HIS EYES AND NOT TO MOVE HIS HEAD AT ALL. I ALSO ADVISED THE DEFENDANT TO FOCUS ON THE STIMULANT UNTIL THE EXERCISE WAS COMPLETE. I ASKED THE DEFENDANT IF HE UNDERSTOOD MY DIRECTIONS AND HE ADVISED ME, âYESâ. DURING THE EXERCISE THE DEFENDANT KEPT CLOSING HIS EYES AND TURNING HIS HEAD. I HAD TO REPEATEDLY TELL THE DEFENDANT TO KEEP HIS HEAD STILL. I ASKED THE DEFENDANT SEVERAL TIMES AGAIN IF HE UNDERSTOOD THE DIRECTIONS, AND HE ADVISED, âYESâ. THERE WAS LACK OF SMOOTH PURSUIT IN THE LEFT AND RIGHT EYES. THERE WAS DISTINCT HORIZONTAL GAZE NYSTAGMUS IN THE LEFT AND RIGHT EYES AND ALSO ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO 45 DEGREES IN BOTH THE LEFT AND RIGHT EYES. THE DEFENDANT DID NOT HAVE VERTICAL GAZE NYSTAGMUS. I THEN ADVISED THE DEFENDANT THAT WE WERE GOING TO PERFORM THE FINGER TO NOSE EXERCISE. I ADVISED THE DEFENDANT TO STAND STILL AND NOT TO START THE EXERCISE UNTIL I ADVISED HIM TO. I ADVISED THE DEFENDANT WHEN TO DO SO TO TILT HIS HEAD BACK, CLOSE HIS EYES, AND TOUCH THE TIP OF HIS INDEX FINGER TO HIS NOSE. I DEMONSTRATED THE EXERCISE SEVERAL TIMES FOR THE DEFENDANT AND ASKED HIM IF HE UNDERSTOOD. HE ADVISE ME YES. I ADVISED THE DEFENDANT TO TILT HIS HEAD BACK AND CLOSE HIS EYES, AT WHICH TIME I TOLD HIM TO TOUCH HIS NOSE WITH HIS RIGHT FINGER. I OBSERVED HIM STICK HIS HAND OUT ALL THE WAY TO THE RIGHT AND KEEP IT IN THAT POSITION. I ASKED THE DEFENDANT IF HE REMEMBERED HOW TO COMPLETE THE EXERCISE, AND HE ADVISED, âYESâ. I ASKED THE DEFENDANT TO FINISH COMPLETING THE EXERCISE , WHICH HE FAILED TO DO. I THEN ADVISED THE DEFENDANT TO OPEN HIS EYES, AT WHICH TIME I DEMONSTRATED THE EXERCISE AGAIN AND ASKED HIM IF HE UNDERSTOOD AND HE ADVISED ME, âYESâ. I HAD THE DEFENDANT CLOSE HIS EYES , TILT HIS HEAD BACK, AT WHICH TIME I ADVISED HIM TO USE HIS RIGHT HAND, AND AT THAT TIME I OBSERVED HIM TOUCH THE MIDDLE OF HIS FINGER TO HIS NOSE. I ADVISED THE DEFENDANT SEVERAL MORE TIMES TO COMPLETE THE EXERCISE AND OBSERVED HIM CONTINUE TO TOUCH HIS NOSE WITH THE MIDDLE OF HIS FINGER. I ADVISED THE DEFENDANT THAT I WAS GOING TO COMPLETE THE REMAINDER OF THE EXERCISES AT MCCRAYâS BOAT RAMP. I THEN TIED THE DEFENDANTâS VESSEL OFF TO MINE AND ESCORTED HIM TO THE BOAT RAMP. UPON ARRIVING AT THE BOAT RAMP I ADVISED THE DEFENDANT THAT WE WERE GOING TO FINISH COMPLETING THE REST OF THE EXERCISES, AT WHICH TIME HE ADVISED ME HE WAS NOT GOING TO COMPLETE THEM AND DID NOT CARE TO PARTICIPATE IN THIS INCIDENT ANY FURTHER. I THEN PLACED THE DEFENDANT UNDER ARREST AND GAVE HIM TO A CITRUS COUNTY DEPUTY TO BE TRANSPORTED TO THE CITRUS COUNTY JAIL. I THEN LEFT THE BOAT WITH THE DEFENDANTâS GIRLFRIEND, MS ROBIN DELAROSA, WHO ADVISED ME SHE MADE CONTACT WITH THE DEFENDANTâS SON, SEAN DONOVAN, JR., WHO WAS COMING TO GET THE BOAT. I PROVIDED THE DEFENDANT WITH FOLLOWING CITATIONS: V353470 FOR OPERATING A VESSEL WHILE IMPAIRED, AND V3533471 FOR REFUSAL TO SUBMIT TO A BREATH TEST. THE DEFENDANTâS BOND WAS SET AT $500.00 FOR BOATING WHILE UNDER THE INFLUENCE, AND $500.00 FOR REFUSAL TO SUBMIT TO A BREATH TEST. |
