| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR09107315) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY BERGEN AND DEPUTY RITLI, WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: AFFECTING AN ARREST FOR AN OUTSTANDING WARRANT, AND IN THE PROCESS OF SUCH LEGAL EXECUTION DID DO VIOLENCE TO THE PERSON OF SUCH OFFICERS, IN VIOLATION OF FLORIDA STATE STATUTE 843.01 (AND) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: CRACK COCAINE, in violation of Florida Statute 893.13(6)(A) (AND) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTies ritli and bergen , WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: attempting to obtain the defendant's information IN ORDER TO write a traffic citation, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICERs, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. (AND) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, crack cocaine TO WIT: a digital scale, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1) ON 012209 I WAS ON PATROL IN THE AREA OF HOMOSASSA, AT WHICH TIME I OBSERVED A BLUE IN COLOR FOUR DOOR VEHICLE EXIT THE PARKING LOT OF THE QP GAS STATION LOCATED AT U S HIGHWAY 19 AND HOMOSASSA TRAIL. THE VEHICLE DID NOT STOP BEFORE EXITING THE PARKING LOT AND CUT ANOTHER VEHICLE OFF. I OBSERVED THE OTHER VEHICLE TO HAVE TO SWERVE OUT OF THE WAY AND HONK ITS HORN. I THEN CAUGHT UP TO THE OTHER VEHICLE AND EXECUTED A TRAFFIC STOP IN THE AREA OF MICHIGAN BOULEVARD AND MIST FLOWER PLACE. I THEN MADE CONTACT WITH THE DRIVER AND ADVISED HER OF THE REASON FOR THE TRAFFIC STOP. SHE STATED THAT SHE KNEW SHE HAD CUT THAT VEHICLE OFF, BUT SHE DID NOT SEE IT. I THEN ASKED FOR THE PASSENGER'S IDENTIFICATION, DUE TO HIM NOT WEARING A SEAT BELT AT THE TIME OF MY TRAFFIC STOP. HE ADVISED HE DID NOT HAVE ONE. I THEN ASKED FOR HIS INFORMATION, AT WHICH TIME HE STATED HIS NAME WAS DOMINICK FOWLER, WITH DATE OF BIRTH 03/18/82. I RETURNED TO MY PATROL VEHICLE AND RAN THE DRIVER'S INFORMATION. I THEN RAN THE PASSENGER'S INFORMATION WHICH CAME BACK AS NO RECORD FOUND. I THEN AGAIN APPROACHED THE PASSENGER SIDE OF THE VEHICLE, AT WHICH TIME I ASKED THE PASSENGER AGAIN, WHAT HIS NAME WAS. HE AGAIN ADVISED, DOMINICK FOWLER. I ASKED THE PASSENGER TO GRAB A PIECE OF PAPER AND WRITE HIS NAME DOWN FOR ME. HE DID GRAB A NAPKIN OUT OF THE GLOVE COMPARTMENT ON WHICH HE WROTE THE NAME DOMINICK FOLLOWER 03/18/82. HE THEN THREW A CIGARETTE OUT OF THE WINDOW OF THE VEHICLE. I THEN ASKED HIM WHY HE DID THAT, TO WHICH HE STATED HE WAS NERVOUS AND DID NOT THINK ABOUT IT. I THEN RAN THE NAME DOMINICK FOLLOWER WHICH CAME BACK NO RECORD FOUND. I THEN REMEMBERED THAT THE PASSENGER HAD MENTIONED THAT THE VEHICLE BELONGED TO HIS MOTHER. I THEN RAN THE LAST NAME ON THE REGISTRATION THROUGH THE D.A.V.I.D. PROGRAM. THE RESULTS SHOWED A NAME OF SETH DOMINICK DISANTO WITH DATE OF BIRTH 03/18/82. THAT PICTURE MATCHED THE PASSENGER. I THEN RAN HIS DRIVER'S LICENSE IN FCIC WHERE IT REVEALED THE SUBJECT HAD OUTSTANDING WARRANTS IN PASCO COUNTY FOR FAILURE TO APPEAR REGARDING ONE COUNT POSSESSION OF COCAINE, ONE COUNT POSSESSION OF OXYCONTIN, ONE COUNT POSSESSION OF DRUG PARAPHERNALIA, ONE COUNT FELONIOUS POSSESSION OF FIREARMS, AND HERNANDO COUNTY WARRANTS FOR FAILURE TO APPEAR FOR BURGLARY AND POSSESSION OF CANNABIS LESS THAN 20 GRAMS. IT SHOULD BE NOTED K-9 DEPUTY RITLI WAS ON SCENE AT THIS TIME. DUE TO THE SERIOUS NATURE OF HIS WARRANTS IN REFERENCE TO FIREARMS, I AGAIN APPROACHED THE VEHICLE WITH MY AGENCY ISSUED FIREARM IN THE LOW READY POSITION. I THEN ORDERED THE DEFENDANT/PASSENGER TO PUT HIS HANDS ON THE DASHBOARD. I THEN OPENED THE PASSENGER SIDE DOOR AND HOLSTERED MY FIREARM. AT THAT TIME I REACHED IN AND ATTEMPTED TO PULL THE DEFENDANT OUT OF THE VEHICLE, AT WHICH TIME HE PULLED AWAY FROM ME AND SAT BACK DOWN. I ORDERED THE DEFENDANT OUT OF THE CAR AGAIN, AT WHICH TIME HE STATED, "MAN, JUST TASE ME." DEPUTY RITLI THEN REACHED IN THE VEHICLE; GRABBING HOLD OF THE DEFENDANT'S SHIRT AND BEGAN PHYSICALLY REMOVING HIM FROM THE VEHICLE. ON THE WAY OUT OF THE VEHICLE THE DEFENDANT STRUCK AT MY LEGS WITH A CLOSED FIST IN AN ATTEMPT TO KNOCK ME OUT OF THE WAY. WHEN THE DEFENDANT HIT THE GROUND HE BEGAN FIGHTING WITH US, ELBOWING ME NUMEROUS TIMES AND ALSO STRUGGLING WITH AND ELBOWING DEPUTY RITLI NUMEROUS TIMES. AT ONE POINT THE DEFENDANT WAS BEGINNING TO SLIP AWAY. I WAS ABLE TO DISENGAGE AND DRAW MY AGENCY ISSUED TASER, AT WHICH TIME I DEPLOYED THE TASER AT THE DEFENDANT'S MID SECTION, WHERE BOTH PRONGS STRUCK HIM IN THE STOMACH AREA. WHILE THE TASER WAS ACTIVATED I ATTEMPTED TO PLACE THE DEFENDANT'S LEFT HAND BEHIND HIS BACK WHILE DEPUTY RITLI ATTEMPTED TO PLACE HIS RIGHT HAND BEHIND HIS BACK. THE TASER THEN STOPPED, AT WHICH TIME THE DEFENDANT BEGAN FIGHTING AGAIN. I THEN TASED THE DEFENDANT AGAIN, AT WHICH TIME WE AGAIN ATTEMPTED TO PUT THE DEFENDANT'S HANDS BEHIND HIS BACK. AT THAT TIME DEPUTY RITLI ADVISED, "HIT HIM AGAIN, HE'S GRABBING ME". I THEN ACTIVATED MY TASER ONE MORE TIME, AT WHICH TIME THE DEFENDANT WAS ABLE TO BREAK A PRONG LOOSE RENDERING THE TASER INEFFECTIVE. THE DEFENDANT WAS THEN ABLE ESCAPE OUR GRASP AND FLEE ON FOOT. I CHASED THE DEFENDANT ON FOOT INTO A WOODED AREA OFF OF MIST FLOWER PLACE. IT SHOULD BE NOTED DEPUTY RITLI HAD RETURNED TO HIS PATROL VEHICLE AND RETRIEVED HIS K-9, AT WHICH TIME HE MET ME APPROXIMATELY TEN YARDS INTO THE WOODS AND WE BEGAN TO TRACK THE DEFENDANT. THE HELICOPTER WAS ON SCENE AND WAS ABLE TO ASSIST IN DIRECTING US TO THE AREA OF THE DEFENDANT. JUST PRIOR TO US CATCHING UP TO THE DEFENDANT, DEPUTY WEST AND K-9 DEPUTY ROWAND WERE HOLDING HIM DOWN IN A WOODED AREA. UPON MY ARRIVAL TO THE WOODED AREA, I OBSERVED THE DEFENDANT'S RIGHT HAND TO BE BURIED IN AN AREA COVERED WITH PINE NEEDLES. DEPUTY WEST WAS ORDERING THE DEFENDANT TO PUT HIS HANDS BEHIND HIS BACK. AFTER SECURING THE DEFENDANT IN HANDCUFFS, I REACHED INTO THAT AREA WHERE HIS HAND WAS, AND RETRIEVED AN EMPTY PACK OF NEWPORT CIGARETTES CONTAINING A CLEAR PLASTIC BAGGIE WHICH CONTAINED A WHITE CHUNKY SUBSTANCE, KNOWN TO ME THROUGH MY TRAINING AND EXPERIENCE TO BE CRACK COCAINE. I THEN SEARCHED THE DEFENDANT'S PERSON, WHERE LOCATED IN HIS RIGHT CARGO POCKET OF HIS SHORTS, WAS A DIGITAL SCALE WHICH HAD WHITE RESIDUE ON IT, WHICH IS COMMONLY USED TO WEIGH NARCOTICS. AT THAT TIME I ALSO OBSERVED THE ONE REMAINING TASER PRONG STUCK IN THE DEFENDANT'S STOMACH AREA. I THEN PUT ON RUBBER GLOVES AND REMOVED THE TASER PRONG FROM HIS STOMACH. I ASKED THE DEFENDANT IF HE NEEDED EMERGENCY MEDICAL SERVICES, TO WHICH HE ADVISED, NO. THE DEFENDANT WAS TRANSPORTED BACK TO THE SCENE BY DEPUTY WEST. LOCATED ON THE GROUND IN THE AREA WHERE WE WERE FIGHTING THE DEFENDANT, WAS A YELLOW BOX CUTTER TYPE KNIFE. I ASKED THE DRIVER WHO THE BOX CUTTER BELONGED TO AND SHE ADVISED IT WAS THE DEFENDANT'S AND HE HAD THE BOX CUTTER IN HIS RIGHT FRONT POCKET. I ASKED HER IF SHE THOUGHT HE WOULD HAVE CUT US WITH THAT IF HE HAD THE CHANCE, AND SHE STATED, "YEAH, PROBABLY." UPON SEARCHING THE VEHICLE, A SMALL ADVIL VIAL CONTAINING NUMEROUS WHITE PILLS WAS FOUND. THE DRIVER, MS WOODS, ADVISED THAT WAS HER PRESCRIPTION FOR TYLENOL WITH CODEINE, WHICH IS A SCHEDULED NARCOTIC. SHE WAS NOT ABLE TO PROVIDE A PRESCRIPTION ON SCENE AND I ATTEMPTED TO CONTACT THE PHARMACY WHO FILLED THE PRESCRIPTION, HOWEVER I COULD NOT. I DID TAKE THE PILLS INTO EVIDENCE AND WILL FOLLOW UP. FURTHER SEARCH OF THE VEHICLE REVEALED NO OTHER CONTRABAND. THE DRIVER WAS ISSUED A WARNING FOR VIOLATION OF RIGHT OF WAY AND RELEASED AT THE SCENE. THE DEFENDANT WAS TRANSPORTED BY DEPUTY WEST TO THE CITRUS COUNTY DETENTION FACILITY WHERE THE CRACK COCAINE WAS WEIGHED. THE CRACK COCAINE WEIGHED APPROXIMATELY THREE GRAMS. THE DEFENDANT WAS ISSUED TWO TRAFFIC CITATIONS, ONE FOR FAILURE TO WEAR A SEATBELT, AND ONE FOR LITTERING. THE CRACK COCAINE WAS PACKAGED AND A PROPERTY RECEIPT FILLED OUT. ALL EVIDENCE INCLUDING THE NAPKIN ON WHICH THE DEFENDANT WROTE THE FALSE NAME WILL BE TURNED OVER TO EVIDENCE. THE DEFENDANT'S TOTAL BOND WAS SET AT $11,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
