| Probable cause affidavit: |
SUBMITTED BY: PEARCE, SERGIO FHP6946A (AR08106169) did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked AS A HABITUAL TRAFFIC OFFENDER, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(5) AND did knowingly, actually and intentionally touch or strike TROOPER PEARCE, a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said TROOPER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2). ON 110808 AT APPROXIMATELY 1019 HOURS, WHILE MONITORING NORTHBOUND TRAFFIC ON U S HIGHWAY 41, JUST SOUTH OF STATE ROAD 200 SPLIT, IN THE TOWN OF HERNANDO, I OBSERVED THE DEFENDANT'S VEHICLE APPROACHING MY LOCATION AT AN ESTIMATED SPEED OF 50 MILES PER HOUR (MPH) IN A POSTED 35 MPH ZONE. UPON MAKING SUCH OBSERVATION, I ACTIVATED MY RADAR UNIT, OBTAINING A HIGH DOPPLER TONE CONSISTENT WITH SAID SPEED, AT WHICH TIME, THE UNIT GAVE A READ OUT OF 49 MPH ON THE DEFENDANT'S VEHICLE AS HE APPROACHED MY LOCATION AND PULLED AWAY FROM TRAFFIC. I THEN ACTIVATED MY EMERGENCY EQUIPMENT AND the DEFENDANT'S VEHICLE PASSED, IMMEDIATELY PULLING OVER ON TO THE EAST SHOULDER. I PLACED MY VEHICLE BEHIND HIS VEHICLE AND CONDUCTED A TRAFFIC STOP. I EXITED MY PATROL VEHICLE, APPROACHED THE DEFENDANT VIA THE DRIVER'S SIDE DOOR AT which TIME, THE DEFENDANT BEGAN SCREAMING AND SHOUTING PROFANITIES. THE DEFENDANT ATTEMPTED TO EXIT his VEHICLE. I ASKED HIM TO REMAIN SITTING AND THAT I would COME TOWARDS HIM TO WHICH HE COMPLIED. I ASKED THE DEFENDANT WHAT THE PROBLEM WAS IN REGARDS TO HIS ATTITUDE AND DEMEANOR. THE DEFENDANT STATED THAT HE could NOT BELIEVE HE WAS BEING PULLED OVER. THE DEFENDANT WAS VERY AGITATED, AS HE CONTINUED TO USE PROFANITY AND STRIKE THE STEERING WHEEL WITH HIS HANDS. I ASKED THE DEFENDANT WHAT WAS WRONG and THE DEFENDANT STATED HE DID NOT HAVE A DRIVER'S LICENSE AND WAS JUST GOING DOWN THE ROAD TO HIS SHOP. BASED on the DEFENDANT'S DEMEANOR AND HIS STATEMENTS I ASKED HIM TO STEP OUT AND PLACED HIM INTO INVESTIGATIVE CUSTODY TO FURTHER INVESTIGATE. the DEFENDANT WAS PLACED IN A SITTING POSITION IN ON THE FRONT BUMPER OF MY PATROL VEHICLE. I WALKED BACK TO THE DEFENDANT'S VEHICLE TO CHECK FOR POSSIBLE WEAPONS WITHIN THE COMPARTMENT AREA OF THE DEFENDANT'S VEHICLE, AND WERE FOUND. I PROCEEDED TO WALK TOWARDS MY PATROL VEHICLE, AT WHICH TIME, I CONDUCTED AN NCIC/FCIC CHECK AND D.A.V.I.D. SYSTEM CHECK OF THE DEFENDANT'S IDENTITY, WHICH REVEALED HIS DRIVER'S LICENSE WAS SUSPENDED with a STATUS OF HABITUAL TRAFFIC VIOLATOR SINCE 040307. THE DEFENDANTS' IDENTITY WAS VERIFIED THROUGH THE D.A.V.I.D. SYSTEM. THE DEFENDANT CONTINUED TO ACT IN AN AGITATED STATE aS HE CONTINUED TO SHOUT, USE PROFANITY AND STOMP HIS FEET ON THE GROUND. THE DEFENDANT WAS ASKED TO REMAIN CALM, TO WHICH HE would COMPLY BUT ONLY MOMENTARILY. AS THE DEFENDANT CONTINUED TO SIT ON THE FRONT BUMPER OF MY PATROL VEHICLE, THE DEFENDANT WAIVED AT A VEHICLE PASSING BY (THE OCCUPANTS WERE KNOWN TO THE DEFENDANT), AT WHICH TIME, THIS VEHICLE PULLED IN BEHIND MY PATROL VEHICLE. AT that TIME, THE DRIVER WAS INSTRUCTED TO MOVE THEIR VEHICLE AND the DEFENDANT WAS THEN PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT CONTINUED TO BE IN AN AGITATED STATE, UNCOOPERATIVE AND BELLIGERENT AS HE ARGUED WITH MY DECISIONS. ONCE THE DEFENDANT WAS PLACED IN THE REAR SEAT, HE WAS SEAT BELTED IN. I BEGAN AN INVENTORY OF THE DEFENDANTS VEHICLE FOR THE PURPOSES OF A TOW SHEET AS A TOW ROTATION WAS REQUESTED. WHILE INVENTORYING THE DEFENDANT'S VEHICLE, I HEARD A LOUD COMMOTION COMING FROM WITHIN THE INTERIOR OF MY PATROL VEHICLE. UPON HEARING THE NOISE, I WENT BACK TO MY PATROL VEHICLE, AT WHICH TIME, I FOUND the DEFENDANT TO BE UNBUCKLED AND THE PLEXI GLASS DIVIDER OF MY VEHICLE HAD SWEAT MARKS ON IT AS THOUGH THE DEFENDANT HAD STRUCK IT INCURRING NO DAMAGE TO THE GLASS OR INJURIES TO HIMSELF. AT THAT TIME, THE DEFENDANT WAS RE BUCKLED and INSTRUCTED TO REMAIN CALM AND TO COOPERATE. A BACK UP UNIT ARRIVED FOR THE PURPOSES OF THE TOW TRUCK. I CLEARED THE SCENE and BEGAN TRANSPORTING THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT'S LEVEL OF FRUSTRATION SEEMED TO INCREASE AS HE CONTINUED TO SHOUT OBSCENITIES. THE DEFENDANT THEN SPAT IN MY DIRECTION, SPRAYING THE PLEXI GLASS DIVIDER AND THE BACK OF MY NECK. REALIZING WHAT the DEFENDANT HAD DONE, I ASKED THE DEFENDANT TO STOP, TO COOPERATE AND INSTRUCTED HIM NOT TO SPIT, WAS IT WAS CONSIDERED BATTERY ON A LAW ENFORCEMENT OFFICER, TO WHICH THE DEFENDANT STATED HE DID NOT CARE AND CONTINUED WITH HIS DEMEANOR. THE DEFENDANT FAILED TO COMPLY AS HE BEGAN HITTING the PLEXI DIVIDER with HIS HEAD, SHOUTING PROFANITIES AT THIS TROOPER AS WE DROVE, INCURRING NO INJURY OR DAMAGE TO THE EQUIPMENT. AS WE DROVE TOWARDS THE DETENTION FACILITY, THE DEFENDANT CONTINUED TO DISPLAY HIS FRUSTRATION AS HE UNBUCKLED HIMSELF ONCE AGAIN, TAKING HIS SHOE OFF AND HE BEGAN WIPING THE PLEXI GLASS WITH HIS RIGHT FOOT AND SOCK. I PULLED OVER TO RE ARRANGE THE DEFENDANT ON THE MEDIAN OF STATE ROAD 44 JUST WEST OF HIGH VIEW AVENUE AND TO ONCE AGAIN RE BUCKLE HIM IN THE SEAT. AT THAT TIME, I ADVISED FLORIDA HIGHWAY PATROL DISPATCH OF THE STOP. THE DEFENDANT CONTINUED TO BE UNCOOPERATIVE AND I SUCCESSFULLY RE BUCKLED THE DEFENDANT AND ASKED HIM TO CALM DOWN AND STOP MAKING THINGS WORSE FOR HIMSELF. ONCE THE DEFENDANT BECAME CALM I CONTINUED THE TRANSPORT. UPON ARRIVAL AT the CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT ONCE AGAIN WAS FOUND TO BE UNBUCKLED. I ASKED THE DEFENDANT TO EXIT THE PATROL VEHICLE AND THE DEFENDANT would NOT COMPLY. I VERBALLY INSISTED AT WHICH TIME, THE DEFENDANT SUBMITTED AND EXITED THE PATROL VEHICLE. THE DEFENDANT WAS THEN BOOKED AND PROCESSED ABD TURNED OVER TO DETENTION FACILITY STAFF WITH HIS BOND SET AT $7,000.00 PER THE BOND SCHEDULE. I WAS LATER INFORMED THAT THE REGISTERED OWNER OF THE VEHICLE DRIVEN BY THE DEFENDANT HAD ARRIVED ON SCENE PRIOR to the TOW TRUCK ARRIVAL, AND the VEHICLE WAS RELEASED TO THE OWNER. THE DEFENDANT WAS ALSO CITED FOR UNLAWFUL SPEED OF 49/35, CITATION NUMBER 8807-SPJ AND CITATION NUMBER 8808-SPJ FOR SEAT BELT VIOLATION, WHICH WAS DISCOVERED THROUGH the CLEAR WINDOWS UPON THE STOP AND APPROACH. FLORIDA HIGHWAY PATROL CASE NUMBER FHPC080FF107334. *NOT-EXEMPT* |
