| Probable cause affidavit: |
SUBMITTED BY: DOWLING, THOMAS 0709 (AR13-4463) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF THE CHEVRON GAS STATION , TO WIT: THREE BAGS OF SNACKS/CHIPS CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(A). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY DOWLING, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT WOULD NOT PROVIDE HIS NAME NOR FOLLOW COMMANDS TO DISPLAY HIS HANDS, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 021113, AT APPROXIMATELY 1526 HOURS, I WAS DISPATCHED TO 79 NORTH FLORIDA AVENUE, INVERNESS, WHICH IS THE CHEVRON GAS STATION, IN REFERENCE TO A CUSTOMER WHO WAS BEING IRATE AND HAD THROWN A PUNCH AND PIECE OF PAPER AT THE CLERK. UPON MY ARRIVAL, DEPUTY BRIGGS WAS OUT FRONT, SPEAKING WITH THE DEFENDANT, LATER IDENTIFIED AS MR STEVEN GIGUERE. DEPUTY BRIGGS ADVISED ME THAT THE DEFENDANT WAS BEING UNCOOPERATIVE, AND THOUGHT IT THE SITUATION WAS HUMOROUS, AND WAS LAUGHING. I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM WHAT WAS GOING ON. THE DEFENDANT THEN LOOKED AT ME BUT DID NOT REPLY. I ASKED THE DEFENDANT IF I COULD SEE HIS FLORIDA DRIVER'S LICENSE. HE THEN SAID THAT IT WAS IN HIS POCKET, AND THAT I COULD NOT. I THEN SPOKE WITH THE COMPLAINANT, MR MARTIN OSUJI, WHO ADVISED THAT THE DEFENDANT HAD COME IN AND STOOD AT THE REGISTER. HE ADVISED THAT THE DEFENDANT WAS HOLDING A PLASTIC BAG, AND TOLD HIM TO FILL IT UP WITH WATER/ THE COMPLAINANT DID NOT FILL IT UP AND TOLD HIM HE COULD NOT. THE DEFENDANT THEN GRABBED THE PLASTIC BAGS, WALKED OVER TO WHERE THE WATER BOTTLES WERE LOCATED, AND THEN WALKED BACK TO THE REGISTER. THE DEFENDANT THEN BECAME UPSET BECAUSE THE STORE DID NOT HAVE THE WATER THAT HE WANTED. THE COMPLAINANT ADVISED THAT THE DEFENDANT THEN BEGAN TO BE VERY AGGRESSIVE AND WAS LOOKING AT THE COMPLAINANT AS THOUGH HE WAS GOING TO HURT HIM. THE COMPLAINANT ADVISED THAT THE DEFENDANT THEN CALLED HIM AN âASSHOLEâ AND THREW SOMETHING AT HIM. AT THIS POINT, THE COMPLAINANT ADVISED THAT HE THEN CONTACTED THE CITRUS COUNTY SHERIFF'S OFFICE. HE ADVISED THAT WHILE HE WAS STILL ON THE TELEPHONE LINE, THE DEFENDANT THEN WALKED DOWN THE CHIP AISLE OF THE STORE, TAKING THREE BAGS OF CHIPS AND PLACING THEM IN HIS CLEAR PLASTIC BAG. THE COMPLAINANT ADVISED THAT THE DEFENDANT THEN WALKED OUT OF THE FRONT OF THE STORE, PASSING ALL FINAL POINTS OF SALE AND NOT MAKING ANY ATTEMPT TO PAY FOR THE MERCHANDISE. THE COMPLAINANT ADVISED THAT DEPUTY BRIGGS HAD ARRIVED ON SCENE AS SOON AS THE DEFENDANT STEPPED OUTSIDE, AND THAT HE THEN TOLD DEPUTY BRIGGS THAT THE ITEMS WERE STOLEN. DEPUTY BRIGGS THEN TURNED THIS PROPERTY BACK TO THE COMPLAINANT. I WAS ABLE TO VIEW THE IN STORE VIDEO SURVEILLANCE FOOTAGE, WHICH WAS CONSISTENT WITH THE COMPLAINANTâS ACCOUNT OF EVENTS. IN THE FOOTAGE, I OBSERVED THE DEFENDANT TO WALK TOWARDS THE CHIP AISLE WITH AN EMPTY, CLEAR SHOPPING BAG, AND WALK OUT OF THE AISLE WITH SEVERAL OBJECTS IN THE BAG. THE DEFENDANT THEN WALKED PAST THE REGISTER AND FRONT DOORS, MAKING NO ATTEMPT TO PAY. THIS MERCHANDISE WAS FOUND TO BE TWO BAGS OF BACINETS, AND ONE BAG OF CRUNCHY CHEETOâS, TOTALING $7.49 IN VALUE. I THEN WENT BACK OUT TO SPEAK WITH THE DEFENDANT, AND HE WOULD NOT PROVIDE ME WITH ANY INFORMATION. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACE UNDER ARREST, FOR RETAIL PETIT THEFT AND RESISTING A LAW ENFORCEMENT OFFICER WITHOUT VIOLENCE. I ATTEMPTED TO PLACE THE DEFENDANTâS HANDS BEHIND HIS BACK, AT WHICH POINT HE THEN PULLED HIS ARMS FORWARD, AND TIGHTENED THEM SO THAT I COULD NOT HANDCUFF HIM. I THEN STEPPED BACK, AT THE FRONT OF THE DEFENDANT, AND ORDERED HIM TO GET ON THE GROUND, STATING THIS COMMAND MULTIPLE TIMES. THE DEFENDANT DID NOT COMPLY, BACKING IN TO THE DISPLAY OF PROPANE TANKS WHICH WAS OUTSIDE, AND KICKING THE DISPLAY WITH THE BACK OF HIS FOOT. AFTER MULTIPLE COMMANDS, I ANNOUNCED, âTASER TASER TASER,â AND THEN DEPLOYED MY AGENCY ISSUED TASER. THE TASER MADE CONTACT WITH THE DEFENDANT ON THE RIGHT SIDE OF HIS BODY. AFTER TWO CYCLES, THIS ULTIMATELY BROUGHT THE DEFENDANT TO THE GROUND. THE DEFENDANT THEN RIPPED THE CORDS OFF OF THE CARTRIDGE, AT WHICH POINT DEPUTY BRIGGS AND MYSELF ATTEMPTED TO APPREHEND THE DEFENDANT. THE DEFENDANT CONTINUED TO REFUSE TO FOLLOW OUR COMMANDS, AND WOULD NOT SHOW US HIS HANDS. I THEN DRY STUNNED THE DEFENDANT, MAKING CONTACT WITH HIS RIGHT LEG. IT DID NOT APPEAR THE TASER WAS EFFECTIVE ON THE DEFENDANT AT THIS TIME. THE DEFENDANT GRABBED MY TASER, ATTEMPTING TO YANK IT OUT OF MY RIGHT HAND. I THEN REHOLSTERED MY TASER, AND WAS ABLE TO GET THE DEFENDANTâS RIGHT ARM BEHIND HIS BACK, AT WHICH POINT DEPUTY BRIGGS THEN PLACED THE DEFENDANT IN HANDCUFFS. HE WAS DOUBLE LOCKED BEHIND HIS BACK, AND THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, HE WAS RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. THE DEFENDANT WOULD NOT GET OUT OF MY PATROL VEHICLE UPON ARRIVAL, AND DETENTION FACILITY STAFF ASSISTED ME WITH HANDCUFFING THE DEFENDANTS LEGS AND HAVING TO PULL THE DEFENDANT OUT, HEADFIRST, ON THE DRIVERâS SIDE OF THE VEHICLE. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF RETAIL PETIT THEFT, AND ONE COUNT OF RESISTING A LAW ENFORCEMENT OFFICER WITHOUT VIOLENCE, WITH HIS BOND SET AT $750.00, PER THE BOND SCHEDULE. SURVEILLANCE VIDEO TAPE WILL BE COLLECTED AT A LATER DATE, AND THE COMPLAINANT ADVISED THAT A TECHNICIAN WOULD ARRIVE TO COPY THE VIDEO AND WOULD CONTACT THE CITRUS COUNTY SHERIFF'S OFFICE WHEN IT WAS AVAILABLE. THE DEPLOYED TASER CARTRIDGE, BEARING NUMBER C4101M4NC, WAS COLLECTED, PACKAGED AND LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. |
