| Date of birth: | Oct 18, 1970 |
| Probable cause affidavit: | SUBMITTED BY: HENRY, JUSTIN N150 (AR09110873) DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE OFFICER HENRY/ ID: N150, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: EXECUTING A VESSEL STOP DUE TO A REPORT OF GUNSHOTS AND VESSEL OPERATING AT FULL PLANE LEAVING THE AREA THROUGH A SLOW SPEED ZONE, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. (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 327.35(1)C (AND) DID OPERATE A VESSEL AND WAS IN ACTUAL PHYSICAL CONTROL OF SUCH VESSEL, AND HAD A BREATH ALCOHOL LEVEL AS DETERMINED THROUGH TESTING WITH RESULTS HIGHER THAN 0.08. WHILE ON WATER PATROL ON THE CRYSTAL RIVER, I WAS CALLED BY DISPATCH TO KINGS BY FOR A REPORT OF GUNSHOT AND CHILDREN CRYING ON A VESSEL. WHILE HEADING TO KINGS BY I OBSERVED A VESSEL OPERATING AT FULL PLANE IN A SLOW SPEED ZONE. WHEN THE DEFENDANT'S VESSEL APPROACHED THE AREA OF MY VESSEL HE SLOWED DOWN. I ACTIVATED MY EMERGENCY BLUE LIGHTS AND HE SPED AWAY. THE DEFENDANT THEN SLOWED AS I TURNED MY VESSEL TO APPROACH. I STOPPED THE DEFENDANT'S VESSEL AND BEGAN QUESTIONING HIM REGARDING WHO ELSE WAS ABOARD HIS VESSEL. DESPITE MY COMMANDS TO STAY ON THE BACK OF HIS VESSEL HE ENTERED THE CABIN AREA OF HIS VESSEL. I BOARDED HIS VESSEL, AT WHICH TIME I HEARD THE SOUND ASSOCIATED WITH BULLETS ENTERING OR EXITING A GUN. I ALSO SAW A GUN HOLSTER NEXT TO THE DEFENDANT. AT THAT TIME, IN FEAR OF MY SAFETY, I JUMPED BACK ONTO MY VESSEL AND PUT DISTANCE BETWEEN MY VESSEL AND THE DEFENDANT'S VESSEL. THE DEFENDANT THEN TOOK OFF IN HIS VESSEL, SEVERAL TIMES BRINGING IT UP TO FULL PLANE. I FOLLOWED BEHIND THE VESSEL KEEPING A DISTANCE, WITH MY BLUE LIGHTS ACTIVATED AND SPOT LIGHTS SHINING ON THE DEFENDANT'S VESSEL. THE DEFENDANT THEN OPERATED HIS VESSEL TO THE BOAT RAMP WHERE HE PULLED HIS VESSEL OUT OF THE WATER. UPON WAITING FOR BACKUP, I OBSERVED THE DEFENDANT PULL HIS VESSEL OUT OF THE WATER AND LEAVE THE BOAT RAMP AT A HIGH RATE OF SPEED. I PROVIDED VEHICLE AND VESSEL DESCRIPTION TO LIEUTENANT RUSSEL/ ID: M485 AND CITRUS COUNTY SHERIFF'S OFFICE DISPATCH WHO WERE ABLE TO CONDUCT A STOP ON THE DEFENDANT'S TRUCK APPROXIMATELY ONE MILE FROM THE BOAT RAMP. I RESPONDED TO THE SCENE OF THE STOP WHERE THE DEFENDANT SHOWED SEVERAL SIGNS OF BEING UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE. (GLASSY EYES, SLURRED SPEECH, DISORIENTED AND CONFUSED). THESE SIGN COINCIDED WITH MY INITIAL OBSERVATION OF THE DEFENDANT ON HIS VESSEL. (CLUMSINESS, UNSTEADY ON HIS FEET, AND DEFENDANT FELL DOWN ONTO HIS COOLER) AT THIS TIME THE DEFENDANT WAS ARRESTED AND TAKEN TO THE CITRUS COUNTY DETENTION FACILITY, AND ADVISED OF HIS IMPLIED CONSENT WARNING. HE PERFORMED STANDARDIZED FIELD SOBRIETY TASKS WITH THE FOLLOWING CLUES OBSERVED: THE ONE LEG STAND TASK - DEFENDANT SWAYED WHILE BALANCING, USED HIS ARMS TO MAINTAIN BALANCE, HOPPED AND PUT HIS FOOT DOWN TOO SOON. THE RHOMBERG ALPHABET TASK - DEFENDANT'S EYES DID NOT REMAIN CLOSED. THE WALK AND TURN TASK - DEFENDANT TOOK INCORRECT NUMBER OF STEPS, DID NOT COUNT THE FIRST STEP, AND TURNED ON THE WRONG FOOT. THE FINGER TO NOSE TASK - DEFENDANT DID NOT KEEP HIS EYES CLOSED AND DID NOT TILT HIS HEAD BACK. THE DEFENDANT SUBMITTED TO A LAWFUL TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING ITS ALCOHOL CONTENT. THE TEST REVEALED BAC OF .128 AND .136. FWNC-090FF-4120 *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Sep 7, 2009 |
| Booking number: | 09110873 |
| Booking location: | Citrus County, FL |
| Code: | 843.02 |
| Charge description: | RESIST OFFICER W/O VIOLENCE |
| Bond amount: | $500 |
| Code: | 327.35(1)(C) |
| Charge description: | BOATING UNDER THE INFLUENCE |
| Bond amount: | $500 |
| Code: | 316.193(1)(C) |
| Charge description: | DUI - BAC 0.08 OR MORE GRAMS PER 210 LITERS OF BREATH |
| Bond amount: | $500 |
