| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (AR09109967) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY POLLARD, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: COMPLETING AN ARREST OF THE DEFENDANT, AND DID DO VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. (AND) 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 071209 WHILE TRAVELING SOUTHBOUND ON U S HIGHWAY 19, DEPUTY GRAMLICH/ID: 0536, OBSERVED A LAND ROVER SPORT UTILITY VEHICLE, TRAVELING SOUTHBOUND IN THE NORTHBOUND LANE. THE VEHICLE HAD NO HEADLIGHTS ON AND WAS SMOKING PROFUSELY. AT THAT TIME DEPUTY GRAMLICH CONDUCTED A TRAFFIC STOP ON THE LAND ROVER VEHICLE. AT THAT TIME I, DEPUTY POLLARD, ARRIVED ON SCENE AND OBSERVED A LAND ROVER VEHICLE WHICH APPEARED DAMAGED IN MANY AREAS, WITH SMOKE COMING OUT OF THE MOTOR. I STEPPED OUT OF MY VEHICLE AS DEPUTY GRAMLICH APPROACHED THE DRIVER'S SIDE. DEPUTY GRAMLICH THEN ASKED THE DRIVER, NOW IDENTIFIED AS MR STEVEN GIBSON, TO STEP OUT OF THE VEHICLE. MR GIBSON COMPLIED AND STEPPED OUT. I THEN WENT TO SPEAK WITH STEVEN AND COULD SMELL A STRONG ODOR OF ALCOHOL COMING FROM HIS PERSON. STEVEN ALSO APPEARED TO BE UNDER THE INFLUENCE DUE TO HIS DEMEANOR AND HIS WATERY EYES. IT WAS VERY DIFFICULT FOR HIM TO REMAIN STANDING FOR ANY LENGTH OF TIME. WHILE RUNNING MR GIBSON'S INFORMATION THROUGH FCIC/NCIC HE STEPPED TO THE FRONT OF HIS VEHICLE TO URINATE AND STUMBLED APPROXIMATELY 25 FEET STRAIGHT BACKWARD. I THEN ASKED MR GIBSON IF HE WOULD ATTEMPT TO PERFORM FIELD SOBRIETY EXERCISES FOR ME, AND I ASKED HIM MULTIPLE TIMES. HE KEPT IGNORING ME AND CONTINUALLY TAKING PICTURES OF MYSELF AND DEPUTY GRAMLICH WITH HIS CELL PHONE. AT THAT POINT I GRABBED MR GIBSON ON HIS RIGHT ARM AND ATTEMPTED TO GET HIS ATTENTION. MR GIBSON ATTEMPTED TO STRIKE ME, AND AT THAT TIME I GRABBED HIM BY THE ARM AND TOOK HOLD OF HIS ARM AND PLACED HIM OVER THE HOOD OF HIS VEHICLE. I WAS THEN ASSISTED BY CORPORAL PARSONS AND DEPUTY DALTON IN RESTRAINING MR GIBSON FULLY, IN ORDER TO HANDCUFF HIM. DURING THIS TIME MR GIBSON WAS ATTEMPTING TO PULL AWAY FROM US AND GET OUT OF OUR HOLDS ON HIM. AFTER MR GIBSON WAS HANDCUFFED WE ATTEMPTED TO PUT HIM INTO THE BACK SEAT OF MY PATROL CAR, AT WHICH TIME HE DID NOT COMPLY. I TOUCH TASED MR GIBSON AND DUE MY TASER NOT HOLDING A CHARGE, IT HAD NEGATIVE RESULTS. MR GIBSON CONTINUED TO REFUSE TO GET INTO THE REAR SEAT OF MY PATROL VEHICLE. AT THAT TIME I PERFORMED KNEE STRIKES TO THE BACK OF MR GIBSON'S KNEES IN AN ATTEMPT TO GET HIS KNEES BENT SO WE COULD GET HIM INTO THE PATROL VEHICLE. DURING THE PHYSICAL ALTERCATION WITH MR GIBSON I RECEIVED A SMALL CUT TO MY RIGHT HAND. ON MR GIBSON'S PERSON I FOUND A BOX CUTTING KNIFE IN HIS RIGHT FRONT POCKET. IT IS UNKNOWN AT THIS TIME IF THAT IS WHAT CUT MY HAND. NO ROADSIDE SOBRIETY TASKS WERE PERFORMED DUE TO THE DEFENDANT REFUSING TO COMPLY WITH MY COMMANDS AND REMAINING UNCOOPERATIVE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ALL PRESTIGE TOWING. A VEHICLE STORAGE RECEIPT WAS COMPLETED BY DEPUTY DALTON AND WILL BE FORWARDED TO RECORDS. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE AT THE DETENTION FACILITY HE WAS READ HIS IMPLIED CONSENT. THE DEFENDANT AGREED SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH WITH THE TEST RESULTS BEING .066 BOTH TIMES. THE DEFENDANT WAS THEN ASKED TO SUBMIT TO A URINE SAMPLE, TO WHICH HE REFUSED. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE AND ALSO CHARGED WITH RESISTING AN OFFICER WITH VIOLENCE, WITH $5,000.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7034-XDO WITH A MANDATORY COURT APPEARANCE OF 07/30/09 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 9325-ESG, FOR DRIVING ON THE WRONG SIDE OF A DIVIDED HIGHWAY (316.090(1) WITH A $151.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. DEFENDANT WAS ISSUED WARNINGS FOR HIS EQUIPMENT VIOLATIONS, INCLUDING HIS HEADLIGHTS BEING OUT. *NOT-EXEMPT* |
