| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR11124198) THE DEFENDANT 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 WHO WAS IN A MARKED PATROL VEHICLE WITH LIGHTS AND SIREN ACTIVATED, WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(3)(A) AND THE DEFENDANT 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(1) ON 123111, WHILE ON PATROL TRAVELING NORTH ON WEST YULEE DRIVE, I OBSERVED A WHITE MINIVAN TRAVELING SOUTH ON WEST YULEE DRIVE AT A HIGH RATE OF SPEED. AS THE VEHICLE PASSED ME, I LOOKED IN MY REARVIEW MIRROR AND OBSERVED THE WHITE MINIVAN TO BE TRAVELING SOUTHBOUND IN THE NORTHBOUND LANE. THE WHITE MINIVAN THEN MADE AN ERRATIC TURN ONTO WEST ANCHORAGE STREET. I WAS LATER ADVISED BY DEPUTY CHENOWETH, WHO WAS IN HIS PATROL VEHICLE TRAVELING BEHIND ME, THAT THE WHITE MINIVAN HAD CUT IN FRONT OF HIM, REQUIRING HIM TO MAKE AN EVASIVE MANEUVER TO PREVENT A HEAD-ON COLLISION. SEE DEPUTY CHENOWETH'S SUPPLEMENT FOR FURTHER DETAILS. I PERFORMED A U-TURN AND ATTEMPTED TO CATCH UP TO THE WHITE MINIVAN, WITH MY OVERHEAD LIGHTS AND SIREN ACTIVATED, IN MY MARKED PATROL VEHICLE. I OBSERVED THE WHITE MINIVAN TURN SOUTH ON TO SOUTH ELM AVENUE AND I FOLLOWED BEHIND THE WHITE MINIVAN WITH SPEEDS REACHING APPROXIMATELY EIGHTY (80) MILES PER HOUR IN A RESIDENTIAL NEIGHBORHOOD. THE WHITE MINIVAN WAS BEING DRIVEN IN A RECKLESS MANNER WITHOUT REGARD FOR PUBLIC SAFETY. I NOTIFIED DISPATCH THAT A VEHICLE WAS FAILING TO STOP AND THAT I WAS IN PURSUIT. UPON REACHING THE END OF SOUTH ELM AVENUE, WE WENT DOWN A DIRT ROAD, LATER DETERMINED TO BE WEST BROCADE STREET, WHERE I OBSERVED THE VEHICLE COME TO A SLIDING STOP IN FRONT OF 10160 WEST BROCADE STREET IN HOMOSASSA. I OBSERVED THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR TERRY POWELL, EXIT THE DRIVER SIDE OF THE WHITE MINIVAN, THEN RUN AROUND THE FRONT OF THE WHITE MINIVAN AND GRAB HOLD OF THE PASSENGER IN AN ATTEMPT FOR THEM TO FLEE TOGETHER FROM ME. I DREW MY AGENCY ISSUED FIREARM AND POINTED IT AT THE DEFENDANT, GIVING HIM COMMANDS TO STOP. THE DEFENDANT DID STOP, AT WHICH TIME HE WAS TAKEN INTO CUSTODY AND HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. I READ THE DEFENDANT HIS MIRANDA WARNINGS FROM A PREPRINTED CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT STATED HE DID UNDERSTAND HIS RIGHTS AND AGREED TO SPEAK WITH ME. I ASKED THE DEFENDANT IF HE HAD SEEN MY PATROL VEHICLE BEHIND HIM AND HE ADVISED HE DID, HOWEVER, HE STATED HE DID NOT WANT TO STOP THERE BECAUSE HE DID NOT WANT HIS VEHICLE TO BE TOWED. THE DEFENDANT ALSO STATED HE WAS TRYING TO TAKE HIS GIRLFRIEND HOME AND THAT WAS WHY HE FAILED TO YIELD TO MY EMERGENCY EQUIPMENT. WHILE SPEAKING WITH THE DEFENDANT, I OBSERVED HIS EYES TO BE GLASSY AND BLOODSHOT AND I DETECTED A STRONG ODOR OF ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. A SEARCH OF THE VEHICLE REVEALED AN OPEN 1.75 LITER CONTAINER OF DON CARLOS RUM WHICH WAS APPROXIMATELY THREE QUARTERS EMPTY. I ASKED THE DEFENDANT IF HE HAD HAD ANYTHING TO DRINK DURING THE EVENING, TO WHICH HE ADVISED HE HAD DRUNK "A BUNCH OF RUM SHOTS" BUT HE COULD NOT ADVISE HOW MANY. DUE TO THE FACT THAT THE DEFENDANT HAD ATTEMPTED TO FLEE FROM ME IN A VEHICLE AS WELL AS ON FOOT WHEN THE DEFENDANT WAS TAKEN INTO CUSTODY, FIELD SOBRIETY TASKS WERE NOT CONDUCTED. THE DEFENDANT WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. SERGEANT GLAZE WAS NOTIFIED OF THE USE OF FORCE. UPON ARRIVAL AT THE DETENTION FACILITY THE DEFENDANT WAS READ HIS IMPLIED CONSENT AND MIRANDA WARNINGS ON CAMERA BY THE INTOXILYZER OPERATOR. THE DEFENDANT AGREED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH WITH THE TEST RESULTS BEING .159 AND .164. THE DEFENDANT WAS CHARGED WITH FLEEING AND ATTEMPTING TO ELUDE AND DRIVING UNDER THE INFLUENCE. HIS BOND WAS SET AT a total of $5,500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. the DEFENDANT WAS ISSUED A FLOrida dui uniform traffic citation, citation number 4378-XDXX WITH A MANDATORY COURT APPEARANCE DATE ON 011912 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION NUMBER 8867-GJX1, FOR FLEEING AND ELUDING, WITH A MANDATORY COURT APPEARANCE DATE TO BE SET. THE DEFENDANT WAS ALSO ISSUED WRITTEN WARNING NUMBER 304183B, FOR IMPROPER TURN. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
