| Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (15-169776) (AR15-17768) DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: 2001 MERCURY 4-DOOR VEHICLE TO INTENTIONALLY RUN INTO OCCUPIED VEHICLES ,IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 784.045(1)(A)(2). DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: 2001 MERCURY 4-DOOR VEHICLE TO INTENTIONALLY RUN INTO OCCUPIED VEHICLES ,IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 784.045(1)(A)(2). DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: 2001 MERCURY 4-DOOR VEHICLE TO INTENTIONALLY RUN INTO OCCUPIED VEHICLES ,IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 784.045(1)(A)(2). DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: 2001 MERCURY 4-DOOR VEHICLE TO INTENTIONALLY RUN INTO OCCUPIED VEHICLES ,IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 784.045(1)(A)(2). 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 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 NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. ON 122915, AT APPROXIMATELY 1241 HOURS, I WAS DISPATCH TO THE AREA OF WEST GROVER CLEVELAND AND SOUTH LECANTO HIGHWAY, IN REFERENCE TO A HIT AND RUN THAT HAD JUST OCCURRED. WHILE EN ROUTE TO THE AREA, I RECEIVED AN UPDATE THAT THE DEFENDANT VEHICLE WAS A GREY MERCURY SABLE AND WAS TRAVELING WESTBOUND ON WEST GROVER CLEVELAND BOULEVARD WITH A WITNESS FOLLOWING THE DEFENDANT IN A GREEN 4-DOOR JEEP. WHILE TRAVELING EASTBOUND, I OBSERVED THE DEFENDANT VEHICLE TRAVELING WESTBOUND AS WELL AS THE WITNESS VEHICLE DRIVING DIRECTLY BEHIND THE VEHICLE IN THE AREA OF SOUTH JOY TERRACE AND WEST GROVER CLEVELAND BOULEVARD. IT SHOULD BE NOTED WHEN I OBSERVED THE DEFENDANT VEHICLE, IT HAD HEAVY FRONT END DAMAGE AS WELL AS THE WITNESS' VEHICLE HAVING DAMAGE TO THE LEFT REAR OF HIS VEHICLE, WHICH WAS CONSISTENT WITH THE STATEMENT THE WITNESS HAD MADE OF BEING INVOLVED IN A HIT AND RUN AND FOLLOWING THE DEFENDANT. I POSITIONED MYSELF BEHIND THE DEFENDANT VEHICLE BEARING FLORIDA LICENSE PLATE NUMBER Y5BAC WHICH EXPIRED ON 121515. NEAR THE INTERSECTION OF SOUTH JOY TERRACE, I GOT BEHIND SAID VEHICLE AND ACTIVATED MY EMERGENCY OVERHEAD LIGHTS AND SIRENS AND ATTEMPTED TO CONDUCT A TRAFFIC STOP IN THE AREA OF SOUTH COLONY TERRACE AND WEST GROVER CLEVELAND BOULEVARD WHERE THE DEFENDANT IGNORED MY LIGHTS AND SIRENS AND CONTINUED WESTBOUND ON GROVER CLEVELAND BOULEVARD. THE DEFENDANT THEN TURNED JUST NORTH OF SOUTH LAKE TERRACE, CONDUCTED A U-TURN AND STARTED TRAVELING EASTBOUND ON WEST GROVER CLEVELAND BOULEVARD CONTINUING TO IGNORE MY LIGHTS AND SIRENS WITH THIS DEPUTY CONTINUING TO FOLLOW THE DEFENDANT. THE DEFENDANT THEN REACHED WEST GROVER CLEVELAND BOULEVARD AND NORTH LECANTO HIGHWAY WHERE THE DEFENDANT MADE A LEFT HAND TURN ONTO SOUTH LECANTO HIGHWAY. K-9 DEPUTY WILLIAMS 0730 JOINED IN THE PURSUIT. DEPUTY WILLIAMS TOOK LEAD CAR IN THE PURSUIT AS I CONTINUED DIRECTLY BEHIND DEPUTY WILLIAMS AS WE CONTINUED TO PURSUE THE VEHICLE WITH OUR LIGHTS AND SIRENS ACTIVATED. AS WE APPROACHED THE INTERSECTION OF WEST WOODLAND RIDGE AND SOUTH LECANTO HIGHWAY, DEPUTY CASALVIERI 1265 HAD UTILIZED HIS AGENCY ISSUED STOP STICKS AND SUCCESSFULLY DEFLATED THE DEFENDANT'S LEFT FRONT TIRE. THE DEFENDANT STILL CONTINUED TO TRAVEL NORTHBOUND ON SOUTH LECANTO HIGHWAY WHERE HE CROSSED OVER THE INTERSECTION OF WEST GULF TO LAKE HIGHWAY AND SOUTH LECANTO HIGHWAY AND CONTINUED NORTHBOUND ON NORTH LECANTO HIGHWAY. AFTER PASSING WEST GULF TO LAKE HIGHWAY, THE DEFENDANTS LEFT FRONT TIRE WAS COMPLETELY DEFLATED HOWEVER HE CONTINUED TO TRAVEL NORTHBOUND IN THE GRASS ON THE SIDE OF THE HIGHWAY. AS THE DEFENDANT APPROACHED THE NORTH LECANTO HIGHWAY AND WEST NORVELL BRYANT HIGHWAY INTERSECTION, THE DEFENDANT MADE A LEFT TURN IN AN ATTEMPT TO TURN INTO THE WAL-MART PARKING LOT LOCATED AT 1936 SOUTH LECANTO HIGHWAY. HOWEVER, THE DEFENDANT THEN TURNED RIGHT HEADING TOWARDS MCDONALDS AND INTENTIONALLY RAMMED HIS VEHICLE INTO FOUR OCCUPIED VEHICLES IN THE MCDONALD'S DRIVE THRU. AT THIS TIME THE VEHICLE BECAME INOPERABLE. DEPUTY PANETTI, DEPUTY WILLIAMS, DEPUTY MOORE, DEPUTY WATTS AND I ORDERED THE DEFENDANT OUT OF THE VEHICLE WHERE HE WAS HANDCUFFED, BEHIND THE BACK, DOUBLE LOCKED, AND SECURED IN THE BACK OF DEPUTY PANETTI'S PATROL VEHICLE. EMERGENCY MEDICAL SERVICES MEDIC UNIT 126 RESPONDED, HOWEVER, EMERGENCY MEDICAL SERVICES WAS REFUSED BY ALL PARTIES ON SCENE. I MADE CONTACT WITH THE DEFENDANT AND THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE DID AGREE TO SPEAK WITH ME. WHILE SPEAKING WITH THE DEFENDANT HIS EYES WERE EXTREMELY DILATED AND GLOSSY. HE WAS SLURRING HIS WORDS. I ASKED THE DEFENDANT IF HE HAD SEEN MY LIGHTS AND SIRENS TO WHICH HE SAID YES AND I ASKED WHY HE DID NOT STOP TO WHICH HE SAID HE WAS SCARED. I ASKED THE DEFENDANT IF HE HAD BEEN IN A TRAFFIC CRASH TODAY, TO WHICH HE ADVISED THAT HE DID BUT DID NOT STAY ON SCENE FOR AN OFFICER. DEPUTY HOWARD JOINED ME AND WE COMPLETED THE DRIVING UNDER THE INFLUENCE INVESTIGATION. DEPUTY HOWARD PROCESSED THE SCENE, SEE HIS CRIME SCENE TECHNICIAN REPORT. AT THAT TIME, I ASKED THE DEFENDANT IF HE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HIM TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH HE STATED THAT HE DID NOT. THE DEFENDANT HOWEVER REFUSED TO CONDUCT ANY OF THE FIELD SOBRIETY TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR FOUR COUNTS OF ASSAULT WITH A DEADLY VEHICLE BY RAMMING HIS VEHICLE INTO OTHER VEHICLES, FLEEING AND ELUDING AND DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS IMPLIED CONSENT REQUESTING HIM TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. THE DEFENDANT STATED THAT HE WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS URINE OR BLOOD. FLORIDA HIGHWAY PATROL OFFICER REID RESPONDED TO THE SCENE AND CONDUCTED THE TRAFFIC CRASH REPORT WITH THE INITIAL TRAFFIC ACCIDENT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS ARRANGED TO BE TOWED BY FLORIDA HIGHWAY PATROL. THE VICTIMS AND WITNESS COMPLETED SWORN WRITTEN STATEMENTS WHICH WILL BE TURNED IN TO RECORDS. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE REFUSED BLOOD OR URINE TESTS FOR THE ALCOHOL CONTENT. THE DEFENDANT DID CONDUCT THE BREATH TEST WITH A RESULT OF .000 AND .000. THE REFUSAL FORM WAS COMPLETED AND TURNED IN TO RECORDS. THE DEFENDANTâS BOND WAS SET AT &10,000.00 EACH FOR THE FOUR COUNTS OF AGGRAVATED BATTERY WITH A DEADLY WEAPON, $1,000.00 FOR THE DRIVING UNDER THE INFLUENCE AND $5,000.00 FOR THE FLEEING AND ELUDING, PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 4945-XDX WITH A MANDATORY COURT APPEARANCE OF 011416 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER A1PETP, FOR EXPIRED LICENSE PLATE SIX MONTHS OR LESS WITH A $166.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED A UNIFORM TRAFFIC CITATION NUMBER A1P2ESP FOR FLEEING AND ELUDING WITH A COURT DATE TO BE DETERMINED. |
