| Probable cause affidavit: |
SUBMITTED BY: SMOLENSKY, STEVEN 0142 (AR08106656) DID COMMIT SUCH ACTS THAT ARE OF A NATURE TO CORRUPT THE PUBLIC MORALS OR OUTRAGE THE SENSE OF PUBLIC DECENCY, OR EFFECT the PEACE AND QUIET OF PERSON(S) WHO MAY WITNESS THEM, OR ENGAGES IN BRAWLING OR FIGHTING, OR ENGAGES IN SUCH CONDUCT AS TO CONDUCT A BREACH OF THE PEACE OR DISORDERLY CONDUCT. IN VIOLATION OF FLORIDA STATE STATUTE 877.03. ON 121108, AT APPROXIMATELY 1920 HOURS, I WAS DISPATCHED TO 6122 EAST CALICO LANE IN INVERNESS, FLORIDA, IN REFERENCE TO A DISTURBANCE. UPON ARRIVAL, CONTACT WAS MADE WITH the COMPLAINANT AND THE NEIGHBOR WHO LIVES ACROSS the STREET. BOTH ADVISED THAT the DEFENDANT HAS BEEN YELLING, SWEARING, AND SHOUTING THREATS, ACROSS HIS PRIVACY FENCE FOR MONTHS AND HAS BEEN CONSTANTLY DISTURBING THE PEACE IN the NEIGHBORHOOD. ONE COMPLAINANT ADVISED THAT HE IS AFRAID FOR THE SAFETY OF HIS WIFE AND CHILDREN AND FURTHER ADVISED THAT HIS DAUGHTER IS AFRAID TO STAY BY HERSELF BECAUSE OF THE SITUATION. THE COMPLAINANT ADVISED THAT ALL HE HAS TO DO IS WALK IN the BACK YARD OR SIT ON HIS PORCH AND AS SOON AS THE DEFENDANT HEARS HIM OR HIS WIFE MAKE A NOISE, HE BEGINS SHOUTING AND CURSING OVER THE FENCE. I WALKED IN the BACKYARD WITH the COMPLAINANT AT WHICH TIME, the COMPLAINANT COUGHED. IMMEDIATELY, the DEFENDANT BEGAN CURSING STATING " C'MON MOTHER FUCKER COME OVER THIS FENCE I FUCKING DARE YOU." THE DEFENDANT REPEATEDLY SHOUTED OBSCENITIES REPEATEDLY FOR TWO OR THREE MINUTES. THE DEFENDANT THEN BEGAN BANGING VIOLENTLY ON th PRIVACY WOODEN FENCE THAT SEPARATES the TWO YARDS. I DID NOT IDENTIFY MYSELF AS A DEPUTY AT THAT TIME AND NEITHER THE COMPLAINANT, NEIGHBOR, NOR I SAID ANYTHING TO THE DEFENDANT. THE THREE OF US WALKED BACK AROUND TO the FRONT OF THE COMPLAINANT'S RESIDENCE AND I ASKED the COMPLAINANT AND THE NEIGHBOR IF THIS WAS DISTURBING THEIR PEACE TO WHICH they BOTH ADVISED YES. I THEN ASKED the COMPLAINANT AND NEIGHBOR IF they WOULD BE WILLING TO PROVIDE WRITTEN STATEMENTS IN REFERENCE TO THIS INCIDENT TO WHICH THEY BOTH ADVISED "YES". BOTH WERE PROVIDED NARRATIVES WHICH theY COMPLETED INSIDE THE COMPLAINANTS RESIDENCE. I CONTACTED DISPATCH AND ADVISED THEM THAT I NEEDED BACK UP AS the DEFENDANT WAS STILL SCREAMING AND CURSING AND BANGING ON THE FENCE. I DROVE AROUND the BLOCK ONTO BANNER LANE AND STOPPED A SHORT DISTANCE FROM the DEFENDANT'S RESIDENCE AND WALKED TO THE RESIDENCE TO SEE IF I COULD STILL HEAR the DEFENDANT SHOUTING. I LOCATED the RESIDENCE AND FOUND THAT THE DEFENDANT WAS NO LONGER SHOUTING AND HAD GONE BACK INSIDE OF HIS RESIDENCE. THE DEFENDANT'S PORCH LIGHT WAS OFF AT WHICH TIME, I KNOCKED ON the DOOR AND WAITED FOR THE DEFENDANT TO ANSWER. IT WAS AT THAT TIME, I HAD MY ARM EXTENDED WITH THE FLASHLIGHT IN FRONT OF ME. THE DEFENDANT SWUNG THE DOOR OPEN AND TOOK A STEP OUT AND COULD NOT SEE THIS DEPUTY BECAUSE OF MY LED FLASHLIGHT SHINING IN THE DOOR WAY. BEFORE I COULD IDENTIFY MYSELF, THE DEFENDANT TOOK ANOTHER STEP, REACHED OUT AND GRABBED THE FRONT OF MY FLASHLIGHT, AND BEGAN TO ATTEMPT TO PULL IT AWAY FROM THIS DEPUTY. I IMMEDIATELY RELEASED the FLASHLIGHT TAKING A COUPLE OF STEPS BACKWARD AND DREW MY TASER AT WHICH TIME, the DEFENDANT POSITIONED THE LIGHT IN A WAY THAT HE COULD SEE THAT IT WAS A DEPUTY. THE DEFENDANT IMMEDIATELY DROPPED the FLASHLIGHT REPEATEDLY STATING "OH MY GOD I AM SORRY." AT THAT POINT, THE DEFENDANT SPUN AROUND, WENT TO HIS KNEES, AND PUT HIS HANDS BEHIND HIS HEAD. ” I IMMEDIATELY SECURED the DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) AND PLACED HIM IN A PATROL VEHICLE. WHILE SPEAKING TO the DEFENDANT'S WIFE, SHE ADVISED THAT THEY ARE HAVING MONEY ISSUES AND THAT HER HUSBAND IS NOT WORKING AND HAS NOT BEEN IN TROUBLE LIKE THIS BEFORE. THE DEFENDANT'S WIFE ADVISED THAT thEY DID GET INTO A PRETTY BAD VERBAL ARGUMENT TONIGHT HOWEVER; THERE WAS NOT A PHYSICAL ALTERCATION. THE DEFENDANT'S WIFE FURTHER ADVISED THAT HE HAD TOO MUCH TO DRINK AND WAS BLOWING OFF STEAM BUT SHE KNEW WHAT HE DID WAS WRONG. the DEFENDANT PREVIOUSLY ADVISED THAT HE WAS FILING FOR BANKRUPTCY AND THAT HE WAS STRESSED AND SORRY. THE DEFENDANT WAS ARRESTED, AND CHARGED WITH ONE COUNT OF BREACH OF the PEACE. THE DEFENDANT WAS TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING AND THE BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. VICTIM WITNESS NARRATIVES WERE COMPLETED BY BOTH the NEIGHBOR AND THE COMPLAINANT (TO FOLLOW). NO FURTHER ACTION TAKEN CASE CLOSED. *NOT-EXEMPT* |
