| Probable cause affidavit: |
SUBMITTED By: HOLLOWAY, CHRISTOPHER 0696 (AR14-8815) did knowingly, actually and intentionally touch or strike FWC (FLORIDA WILDLIFE CONSERVATION) OFFICER CASEY PHILLIPS, IDENTIFICATION NUMBER N339, a LAW ENFORCEMENT OFFICER, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: USED HIS PERSONAL VEHICLE STRIKING THE FRONT OF FWC OFFICER PHILLIPSâ MARKED TRUCK WITH THE OVERHEAD LIGHTS ON, WHILE FLEEING AND ELUDING OTHER DEPUTIES, 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)(D) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY C HOLLOWAY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: WHILE CONDUCTING TRAFFIC STOP WITH MY OVERHEAD LIGHTS AND MARKED UNIT WHILE STOPPED ON THE SIDE OF THE ROAD, THE DEFENDANT TOOK OFF WHILE I APPROACHED THE VEHICLE LEAVING THE SCENE OF THE TRAFFIC STOP WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY C HOLLOWAY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: WOULD NOT EXIT HIS VEHICLE AND REFUSED COMMAND OF THE OFFICER TO SHOW HIS HANDS AND EXIT THE VEHICLE, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 012214, I WAS DISPATCHED TO THE AREA OF SANDPIPER AND OLD FLORAL CITY ROAD IN INVERNESS, IN REGARDS TO A POSSIBLE DUI. THE COMPLAINANT STATED THAT THEY SAW A MAN WALKING IN THE MIDDLE OF THE ROAD WHO APPEARED TO BE INTOXICATED, WHO THEN GOT BACK INTO HIS VEHICLE AND DROVE OFF. WHILE EN ROUTE I CONTACTED THE COMPLAINANT TO TRY TO GET A BETTER DESCRIPTION OF THE VEHICLE. WHILE TRAVELING SOUTH ON OLD FLORAL CITY ROAD, THIS DEPUTY WITNESSED A DARK COLORED VEHICLE PULL OFF ONTO THE SIDE OF THE ROAD NEAR STOWE STREET. THIS VEHICLE HAD ALSO BEEN TRAVELING NORTH ON OLD FLORAL CITY ROAD. WHILE I WAS ON THE PHONE WITH THE COMPLAINANT, THEY GAVE ME THE DESCRIPTION OF A SMALL DARK COLORED VEHICLE. THIS DEPUTY THEN TURNED AROUND AND WENT TO INVESTIGATE THE VEHICLE THAT HAD PULLED OVER ONTO THE SIDE OF THE ROAD, TO CHECK IF IT WAS OK AND IF IT WAS RELATED TO THE CALL THAT I WAS ON. I PULLED IN BEHIND THE VEHICLE AT THAT LOCATION, ACTIVATED MY OVERHEAD LIGHTS AND NOTIFIED DISPATCH OF MY CURRENT LOCATION AND THE DESCRIPTION OF THE VEHICLE I WAS CURRENTLY OUT WITH. ONCE I APPROACHED THE VEHICLE AND WAS NEAR THE DRIVER DOOR, THE VEHICLE SPED OFF HEADING NORTHBOUND ON OLD FLORAL CITY ROAD AND REFUSING TO STOP FOR THIS DEPUTY. THIS DEPUTY BEGAN PURSUIT OF THE VEHICLE, ACTIVATING MY SIREN WITH MY OVERHEAD LIGHTS STILL ACTIVATED. I NOTIFIED DISPATCH THAT I WAS CURRENTLY IN PURSUIT WITH MY SPEED AND DIRECTION OF TRAVEL. THE VEHICLE THEN RAN THE STOP SIGN AND TURNED EAST ON EDEN DRIVE. THE DRIVER, LATER TO BE IDENTIFIED AS THE DEFENDANT, MR STEPHEN CABRAL, CONTINUED TO IGNORE MY LIGHTS AND SIREN AND REFUSED TO STOP, WHERE IT CONTINUED ON EDEN DRIVE WHICH CONVERGES INTO EAST MOCCASIN SLOUGH ROAD. AT THAT TIME, K-9 DEPUTY INDORATO AND DEPUTY HOWARD ALSO ENGAGED IN THE PURSUIT. THE VEHICLE CONTINUED DOWN MOCCASIN SLOUGH ROAD, RANGING IN SPEEDS FROM 13 MILES PER HOUR TO OVER 40 MILES PER HOUR. WE PASSED A FWC OFFICER THAT WAS TRAVELING WEST ON MOCCASIN SLOUGH, WHO ALSO ENGAGED IN THE PURSUIT. THE DEFENDANTâS VEHICLE CONTINUED EAST ON MOCCASIN SLOUGH ROAD INTO THE FLYING EAGLE PRESERVE, AT WHICH POINT IT DID A U-TURN DUE TO THE ROADWAY ENDING AT A GATE. IT THEN CONTINUED WEST BOUND ON EAST MOCCASIN SLOUGH ROAD WITH DEPUTY INDORATO BEING DIRECTLY BEHIND IT. AT THAT POINT, THE FWC OFFICER, LATER IDENTIFIED AS OFFICER PHILLIPS, HAD HIS OVERHEAD LIGHTS ON WHILE ENGAGED IN THE PURSUIT, WAS STILL HEADING EASTBOUND WITH THE DEFENDANT HEADING WEST BOUND DIRECTLY IN FRONT OF HIM, DUE TO THE ROAD ONLY HAVING ONE LANE IN THAT AREA. AT THAT POINT, THE DEFENDANTâS VEHICLE SLOWED DOWN AND APPEARED TO STOP, BUT THE SUBJECT REFUSED TO GET OUT OF THE VEHICLE WHEN ORDERED TO DO SO BY OFFICER PHILLIPS. THE VEHICLE THEN APPEARED TO LUNGE FORWARD, STRIKING OFFICER PHILLIPSâ TRUCK, WHERE IT WENT INTO REVERSE NEARLY STRIKING DEPUTY INDORATOâS VEHICLE. IT THEN WENT AROUND OFFICER PHILLIPSâ TRUCK AND CONTINUED WESTBOUND ON MOCCASIN SLOUGH ROAD. AT THIS POINT, THE VEHICLE SPED UP TO APPROXIMATELY 50 TO 60 MILES PER HOUR ON THE DIRT ROAD. THE PURSUIT WAS CONTINUED, WHERE DEPUTY MOORE ADVISED THAT HE WAS SETTING UP STOP STICKS NEAR WEE POINT. AS WE APPROACHED WEE POINT, DEPUTY MOORE DEPLOYED THE STOP STICKS, STRIKING THE PASSENGERâS SIDE FRONT RIGHT TIRE. THE PURSUIT CONTINUED WITH THE DEFENDANTâS VEHICLE REFUSING TO STOP. DEPUTY RAMOS ADVISED THAT HE WAS JUST EAST OF CARNEGIE DRIVE ON EDEN DRIVE AND HE ALSO DEPLOYED STOP STICKS. DEPUTY RAMOSâ STOP STICKS APPARENTLY DAMAGED THE FRONT LEFT AND REAR LEFT TIRES OF THE DEFENDANTâS VEHICLE. THE VEHICLE THEN TURNED NORTH ON SOUTH CARNEGIE DRIVE AND CONTINUED TURNING RIGHT ON BROYHILL PLACE, TRAVELING NORTH. THE VEHICLE DROVE THROUGH A CABLE BARRICADE THAT WAS BLOCKING A BOAT RAMP AT THE END OF EAST BROYHILL PLACE. THE DEFENDANT CONTINUED ON INTO THE WATER, WHERE HE REMAINED IN HIS VEHICLE. THIS DEPUTY, ALONG WITH DEPUTY INDORATO AND DEPUTY HOWARD BEGAN TO ORDER THE DEFENDANT OUT OF THE VEHICLE, AT WHICH POINT HE REMAINED INSIDE WITH THE WINDOW ROLLED UP. AFTER SEVERAL ORDERS TO EXIT THE VEHICLE AND SHOW US HIS HANDS, HE ROLLED DOWN THE WINDOW AND CRANKED UP THE RADIO, WHILE REUSING ORDERS FROM THIS DEPUTY. HE THEN SHOWED US HIS LEFT HAND WITH THE RADIO BLARING, WHERE HE APPEARED TO BE DANCING AND MOCKING THIS DEPUTYâS COMMANDS, WHILE REFUSING TO COMPLY WITH MY ORDERS. THIS DEPUTY, ALONG WITH DEPUTY HOWARD ENTERED THE WATER TACTICALLY APPROACHED THE VEHICLE FROM BEHIND. ONCE WE APPROACHED THE VEHICLE, WE CONTINUED TO ORDER THE DEFENDANT TO SHOW HIS HANDS. THIS DEPUTY WAS ABLE TO GRAB HIS LEFT HAND THAT WAS CURRENTLY AT THE WINDOW AND THEN GRAB HIS RIGHT HAND. AT THAT TIME, WE HANDCUFFED THE DEFENDANT IN THE FRONT, OPENED HIS DOOR AND HAD TO FORCE HIM OUT OF THE VEHICLE. HE WAS THEN ESCORTED BACK TO LAND, WHERE HE WAS TURNED OVER TO DEPUTY MOORE FOR TRANSPORT. WHILE DEPUTY MOORE WAS IN TRANSPORT, HE ADVISED DISPATCH THAT HE HAD TO STOP, DUE TO THE DEFENDANT BEING UNCONSCIOUS. EMS ARRIVED AT HIS CURRENT LOCATION WHICH WAS THE RACETRAC IN INVERNESS. THE DEFENDANT WAS THEN TRANSPORTED TO CITRUS MEMORIAL HOSPITAL FOR EVALUATION. I RESPONDED TO CITRUS MEMORIAL HOSPITAL TO WAIT FOR THE DEFENDANT TO BE CLEARED BY THE HOSPITAL. ONCE HE WAS MEDICALLY CLEARED, I TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY. A ROTATION WRECKER WAS CALLED, SEE SUPPLEMENTS FROM DEPUTIES ON SCENE. DEPUTY RAMOS ARRIVED AND PROCESSED THE SCENE. SEE HIS CRIME SCENE TECHNICIAN REPORT. ONCE AT THE CITRUS COUNTY DETENTION FACILITY, I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND HE REFUSED TO SPEAK WITH ME. AT THAT TIME, NO OTHER QUESTIONS WERE ASKED. THE INTOXILYZER OPERATOR ALSO ADVISED THAT THE DEFENDANT REFUSED TO PERFORM A BREATHALYZER TEST. THE DEFENDANT WAS CHARGED WITH AGGRAVATED BATTERY OF AN LEO WITH A $5,000.00 BOND. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND, ALONG WITH FLEEING AND ELUDING LEO WITH A $1,000.00 BOND AND TWO COUNTS OF RESISTING WITHOUT VIOLENCE WITH A $1,000.00 BOND, FOR A TOTAL BOND AMOUNT OF $6,500.00, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 8732XBI9, WITH A MANDATORY COURT APPEARANCE OF 021314 AT 1300 HOURS, AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED CRIMINAL UNIFORM TRAFFIC CITATION NUMBER 7177HBH7, FOR FLEEING AND ELUDING LEO, WITH A COURT DATE TO BE DETERMINED BY THE COURT. THE IN CAR VIDEO FROM THIS DEPUTYâS VEHICLE WAS DOWNLOADED AND TURNED IN TO EVIDENCE A COPY OF THE CITATIONS WAS PROVIDED TO THE DEFENDANT. THE DUI PAPERWORK WAS TURNED INTO RECORDS, ALONG WITH COPIES OF THE CITATIONS. |
