| Probable cause affidavit: |
SUBMITTED BY: RUSSO, CAROLYN FWC (AR12-941) On April 28, 2012 Officer James Bonds and I Officer Carolyn Russo with the Florida Fish and Wildlife Conservation Commission (FWC) were on water patrol in Kings Bay. At approximately 2239 Hours we observed a vessel without its navigational lights in operation heading towards Crackers restaurant in Crystal River. We conducted a vessel inspection on the vessel and observed a white male, later identified by his driverâs license as Mr. Steven Hunter Balius (date of birth 01/16/1987,) to be operating the vessel. Upon contact with Balius I asked him if his navigational lights worked, he stated it wasnât his vessel. I asked him to turn on the navigational lights and he moved to the bow of the vessel to get the throwable device out of a compartment. I asked him again to try and turn on the navigational lights. Once he figured out how to turn them on I noticed the bow lights were operable but the stern light was not in operation. I then advised him to hand me the required safety equipment set forth by the Coast Guard. He did not have the vessel registration or fire extinguisher. During the inspection I noticed Balius eyes were bloodshot and watery. I could smell a strong and distinct odor of an alcoholic beverage coming from his person. Officer Bonds asked him if he had been drinking and Balius answered he had plenty. Balius stated he was coming from a nearby residence off of the water and heading a short distance to crackers to pick up some people. Balius was then asked if he would submit to field sobriety tasks to which he agreed to do. We headed back to the residence he told us he had came from at 493 7th avenue, Crystal River, FL. That residence is where the field sobriety tasks were performed (FSTâs). Before the FSTâs started I asked Balius the preliminary screening questions off of the FWCâs field sobriety task performance report. He stated he had a bachelorâs degree. When asked the yes or no questions he stated âno,â to all except two. He stated âyesâ when asked if he wore eyeglasses, contacts or had any defects with his eyes. He also stated âyesâ that he was under the care of a dentist. The FSTâs were then started. Task One Horizontal Gaze Nystagmus: He removed his eyeglasses. I read the instructions from the FST sheet and he stated âyesâ he understood. The task began; Lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and nystagmus onset prior to 45 degrees were present in both the left and right eye. He did not keep his head still as instructed; I had to repeat to him to keep his head still more than once. Task Two Walk and Turn: I read and demonstrated the instructions and he stated âyesâ he understood. During the instruction stage when told to hold the position I instructed him he swayed and lost his balance. I had to instruct him to maintain that position several times after he kept losing his balance. While he attempted to stay in that position again I had to repeat to him to touch heel to toe. He lost his balance again. I told him if he could not maintain that position he could relax and stand with his feet side by side. He refused and attempted to maintain the position. He also started to begin the task before told. During the walking stage he wobbled and did not touch heel to toe on his first count from two to three. On count four he wobbled and swayed. He made and improper turn, he did not take a series of small steps; he took one wide step as he turned. From step one to two back down the line he did not touch heel to toe. Task Three One Leg Stand: I read and demonstrated the instructions and he stated âyesâ he understood. I told him to begin as I timed the task for 30 seconds. As he counted out loud he did not count as I told him to. He counted in the following manner one one thousand, two two thousand, three three thousand, and so on. I had to repeat for him to watch his raised foot and I had to repeat for him to keep his back leg straight. Once he straightened his leg he put his foot down. I told him to get back in position. It took him long to get back in position and I told him to try again as I timed him once more. This time he held on to his side tightly to help him maintain balance. Task Four Finger Count: I read and demonstrated the instructions and he stated âyesâ he understood. He began and did an improper finger count. He did not count back down 4, 3, 2, 1. Instead he counted up to 43. I stopped him as he continued to improperly count and I told him to try again after I repeated instruction. Task five finger to nose: I read and demonstrated the instructions and he stated âyesâ he understood. He did not always touch nose tip to finger tip and at times was uncertain, fumbling as he touched. Task six backwards count: I read the instructions and he stated âyesâ he understood. He did not count backwards as instructed, he counted up instead. After the tasks were performed Balius was informed he was under arrest for boating while impaired. While waiting for transport from Citrus Sheriffâs Office Baliusâ friends advised him not to blow. A Citrus County Sheriffâs Deputy transported him to the jail where he was read his implied consent. Balius was issued a misdemeanor Florida uniform boating citation, citation number V368563, for boating while impaired. He is scheduled to appear at the Citrus County Courthouse May 14th, 2012 He was issued a uniform boating citation for not having his navigational lights in operation, citation number V368562. He was also issued warnings, one for not having a fire extinguisher and one for no registration certificate. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED), AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. |
