| Probable cause affidavit: |
SUBMITTED BY: HUNTER, JEFFERY 0441 (AR1124195) DID IMPERSONATE A LAW ENFORCEMENT OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE, 843.08. DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIM BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: THE DEFENDANT DID PUNCH THE VICTIM IN THE FACE, PLACE HIM IN A HEADLOCK AND THROW HIM TO THE GROUND, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: THE DEFENDANT DID TAKE THE MONEY, LIGHTER AND THE OWNER'S MANUAL OF THE VICTIM'S VEHICLE, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTE, 812.014(3)(a). ON 123111 AT APPROXIMATELY 0329 HOURS I WAS DISPATCHED TO 2966 NORTH PORTICO TERRACE IN HERNANDO, IN REFERENCE TO A DISTURBANCE THAT haD JUST OCCURRED. AT 0349 HOURS I ARRIVED ON SCENE AND OBSERVED THE WITNESS, MR CRAIG FRENCH, CHASING THE DEFENDANT, LATER IDENTIFIED AS SHAWN SMITH, DOWN THE DRIVEWAY WITH A BASEBALL BAT. I EXITED MY PATROL VEHICLE AND ORDERED MR FRENCH TO DROP THE BASEBALL BAT AT WHICH TIME HE COMPLIED. I THEN WENT TO SPEAK WITH MR FRENCH WHO WAS WALKING DOWN THE ROAD, AT WHICH TIME MR FRENCH ADVISED ME THAT MR SMITH WAS THE SUSPECT. AT THAT TIME I PLACED THE DEFENDANT IN HANDCUFFS AND ADVISED HIM THAT HE WAS BEING DETAINED FOR INVESTIGATION. THE DEFENDANT SMELLED STRONGLY OF AN ALCOHOLIC BEVERAGE, WAS UNSTEADY ON HIS FEET AND WAS SLURRING HIS SPEECH. I PLACED THE DEFENDANT IN THE REAR OF THE MY PATROL VEHICLE AND MADE CONTACT WITH THE VICTIM, MR LEE STEICHER. IT SHOULD BE NOTED THAT THE VICTIM SUFFERS FROM CEREBRAL PALSY AND HAS DIFFICULTY STANDING AND WALKING. THE VICTIM THEN ADVISED THAT HE WAS CURRENTLY LIVING OUT OF HIS VEHICLE IN THE DRIVEWAY OF THE INCIDENT ADDRESS. HE STATED HE WAS SLEEPING IN THE BACK SEAT OF HIS TRUCK WITH the DRIVER'S SIDE REAR DOOR OPEN SO HE COULD STRETCH OUT. THE VICTIM ADVISED THAT HE WAS AWAKENED BY THE DEFENDANT YELLING AT HIM, AT WHICH TIME THE DEFENDANT TOLD HIM SEVERAL TIMES THAT HE WAS A POLICE OFFICER AND THE VICTIM NEEDED TO COMPLY. THE VICTIM ADVISED THE DEFENDANT WAS SHINING A FLASHLIGHT IN HIS FACE AS HE WAS YELLING AT HIM. THE VICTIM STATED THAT DUE TO THE STRONG SMELL OF ALCOHOL COMING FROM THE DEFENDANT AND THE FACT THE DEFENDANT WAS NOT IN UNIFORM, HE DID NOT BELIEVE THE DEFENDANT TO BE A LAW ENFORCEMENT OFFICER AND BECAME AFRAID. THE VICTIM ADVISED HE THEN KICKED AT THE DEFENDANT TO PUSH HIM OUT AND AWAY FROM HIS VEHICLE, AT WHICH TIME HE EXITED HIS VEHICLE. THE VICTIM STATED THAT THE DEFENDANT THEN PUNCHED HIM IN THE FACE, PUT HIM IN A HEADLOCK AND THREW HIM TO THE GROUND. THE VICTIM STATED THAT AT THAT TIME HE NO LONGER WISHED TO ENGAGE IN A CONFRONTATION WITH THE DEFENDANT AND INDICATED THAT TO THE DEFENDANT. THE VICTIM ADVISED THAT THE DEFENDANT THEN DEMANDED HIS IDENTIFICATION, TOLD HIM TO EMPTY HIS POCKETS AND AGAIN INDICATED HE WAS AN LAW ENFORCEMENT OFFICER. THE VICTIM THEN HANDED THE DEFENDANT HIS DRIVER'S LICENSE AND EMPTIED HIS POCKETS ONTO THE GROUND, WHICH INCLUDED A LIGHTER AND A $20.00 BILL. THE VICTIM ADVISED THE DEFENDANT THEN TOOK THE $20.00 BILL OFF OF THE GROUND, ENTERED THE PASSENGER SIDE OF THE VICTIM'S VEHICLE AND OPENED THE GLOVE BOX. THE VICTIM ADVISED THAT THE DEFENDANT THEN TOOK THE OWNER'S MANUAL TO HIS VEHICLE. AT THAT TIME THE WITNESS EXITED HIS RESIDENCE AND BEGAN YELLING AT THE DEFENDANT, WHO FLED THE AREA WITH THE VICTIM'S ITEMS. I SPOKE WITH THE WITNESS, CRAIG FRENCH, WHO ADVISED THAT HE HAD BEEN AWAKENED BY A DISTURBANCE OUTSIDE HIS RESIDENCE. AT THAT TIME HE WAlked outside and observed the defENDANT arguing with the victim. the WITNESS advised he then told the defENDANT to leave and that he was calling the police, WHERE THE defENDANT left the area heading east on portico. the witness stated THAT APPROXIMATELY TWO minutes prior to my arrival, the defendant returned and began to approach the victim in a hostile manner. the witness STATED THAT the defENDANT was "raging". the witness ADVISED HE THEN grabbed a basebaLL BAT AND BEGAN CHASING THE DEFENDANT AWAY AT WHICH POINT I ARRIVED ON SCENE. DEPUTIES DEARDEN AND MULLINS ARRIVED ON SCENE AND PERFORMED A SEARCH OF THE AREA IN AN ATTEMPT TO LOCATE THE MISSING ITEMS WHICH MET WITH NEGATIVE RESULTS. I THEN MADE CONTACT WITH THE DEFENDANT, SHAWN SMITH, WHO APPEARED TO BE HEAVILY INTOXICATED. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD AND ADVISED THAT HE UNDERSTOOD AND WOULD SPEAK WITH ME. THE DEFENDANT GAVE SEVERAL DIFFERENT ACCOUNTS OF WHAT HAD OCCURRED. HE BEgan BY STATING THAT HE DID NOT KNOW ANY OF THE INDIVIDUALS INVOLVED, AND WAS JUST PASSING THROUGH THE AREA WHEN THE WITNESS BEGAN CHASING HIM WITH A BASEBALL BAT FOR NO APPARENT REASON. HE LATER STATED THAT HE HAD APPROACHED THE VICTIM IN ORDER TO ASK FOR A RIDE AND the VICTIM THEN "FLIPPED OUT ON HIM AND WAS CRAZY AND DANGEROUS". THE DEFENDANT INITIALLY DENIED HE HAD ANYTHING TO DO WITH THE VICTIM'S IDENTIFICATION CARD BUT LATER STATED HE HAD ASKED TO SEE THE VICTIM'S DRIVER'S LICENSE BUT HAD NOT TAKEN IT. THE DEFENDANT DENIED EVER STATING THAT HE WAS A LAW ENFORCEMENT OFFICER, BUT STATED THE VICTIM DID ASK HIM IF HE WAS A COP. THE DEFENDANT WAS THEN PLACED UNDER ARREST, AND WHEN ADVISED OF THIS, HE BEGAN SOBBING AND STATED THAT HE WOULD TELL ME THE TRUTH. HE THEN STATED THAT HE HAD APPROACHED THE VICTIM TO ASK FOR A RIDE, AND THAT SOME SORT OF DEAL HAD BEEN STRUCK PERTAINING TO SOMEONE PROVIDING COCAINE IN EXCHANGE FOR A RIDE. IT was UNCLEAR WHO WAS TO SUPPLY THE COCAINE FROM THE DEFENDANT'S STATEMENT. IT SHOULD BE NOTED THAT THE DEFENDANT IS CURRENTLY ON PROBATION AND LISTED AS A VIOLENT FELONY OFFENDER OF SPECIAL CONCERN, IN REFERENCE TO FLORIDA STATE STATUTE, 948.06(4). THE DEFENDANT WAS TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET AT $3,000.00 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 *NOT-EXEMPT* |
