| Probable cause affidavit: |
SUBMITTED BY: CORBIN, TERRY 0288 (AR12-1996) THE DEFENDANT DID, IN VIOLATION OF FLORIDA STATE STATUTE, OPERATE A VESSEL ON THE WATERS OF THIS COUNTY WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, TO WIT: HE ENTERED A MOORED BOAT AT PORT PARADISE MARINA IN CRYSTAL RIVER AND, WHILE BEING OBSERVED BY THIS DEPUTY, DID DRIVE THAT VESSEL AWAY FROM PORT PARADISE. ON 071512 AT 1854 HOURS, I ARRIVED AT PORT PARADISE IN REFERENCE TO A DOMESTIC BATTERY OCCURRING. UPON MY ARRIVAL, I MET WITH SEVERAL SUBJECTS, INCLUDING THE DEFENDANT, MR THOMAS DYMOND, WHO HAD BEEN BOATING WITH THE TWO SUBJECTS INVOLVED IN THE DOMESTIC DISPUTE. ALL THREE SUBJECTS WERE EXTREMELY IMPAIRED. I SPOKE OFF AND ON TO MR DYMOND FOR APPROXIMATELY ONE HOUR WHILE INVESTIGATING THIS INCIDENT. ON SCENE WERE DEPUTY FERGUSON, CANINE DEPUTY VIGGIANO AND SERGEANT FIELDS, EACH OF WHOM HAD ALSO DEALT WITH MR DYMOND. WHILE SPEAKING TO MR DYMOND, A STRONG ODOR OF AN ALCOHOLIC BEVERAGE CAME FROM HIS BREATH; HIS SPEECH WAS SLURRED, HIS EYES GLASSY, HIS FACE FLUSH AND HE STAGGERED NOTICEABLY. MR DYMOND WAS NOT A SUSPECT IN THE DOMESTIC INCIDENT. ANY TIME MR DYMOND WAS QUESTIONED IN REFERENCE TO THE INCIDENT, THE QUESTION HAD TO BE REPEATED SEVERAL TIMES FOR HIM TO UNDERSTAND. WHEN IT WAS DETERMINED THAT THE OTHER SUBJECT WOULD NOT BE ARRESTED, IN REFERENCE TO THAT DOMESTIC INCIDENT, I TOLD MR DYMOND THAT HE WOULD NEED TO FIND A RIDE HOME BECAUSE HE WAS OBVIOUSLY TOO IMPAIRED TO DRIVE. HIS REPLY WAS âI KNOW IâM TOO FUCKED UP,â THEN BEGAN ELABORATING ON HIS DAY AT THE SHALLOWS, DRINKING BEER AND FIREBALL WHISKEY. I LEFT MR DYMOND AND A FEW MINUTES LATER RETURNED TO HIM AND ADVISED HIM THAT WHEN HIS WIFE ARRIVED, I WOULD NEED TO SPEAK TO BOTH OF THEM. MR DYMOND INDICATED THAT HE UNDERSTOOD. AS I RETURNED TO MY PATROL VEHICLE IN THE PARKING LOT TO SPEAK TO THE OTHER SUBJECT AND THE OTHER DEPUTIES, ONE OF THE SUBJECTS WHO HAD BEEN STANDING AROUND, OBSERVING THE INCIDENT, RAN AROUND THE CORNER AND YELLED SOMETHING ABOUT HEâS LEAVING IN THE BOAT. WHEN I STEPPED AROUND THE CORNER TO OBSERVE THE AREA WHERE THE BOAT HAD BEEN MOORED, I SAW THAT BOAT OCCUPIED ONLY BY MR DYMOND AND THE other SUBJECTâS GOLDEN RETRIEVER, LEAVING THE PORT PARADISE MARINA. I RECOGNIZED MR DYMOND IMMEDIATELY AFTER HAVING DEALT WITH HIM FOR THE LAST HOUR. I THEN DROVE TO MR DYMONDâS HOME AND AWAITED HIS ARRIVAL. MR DYMONDâS WIFE CAME OUT TO ME AND I EXPLAINED TO HER ABOUT THE DOMESTIC INCIDENT AND TOLD HER I NEEDED TO SPEAK WITH HIM. SHE CALLED HIM ON THE PHONE BUT HE REFUSED TO SPEAK WITH ME. A SHORT TIME LATER, APPROXIMATELY FIFTEEN MINUTES, SHE APPROACHED ME IN MY PATROL VEHICLE IN FRONT OF THEIR RESIDENCE AND HANDED ME HER CELL PHONE. MR DYMOND WAS ON THE PHONE AND I REQUESTED THAT HE RETURN HOME. HE STATED TO ME THAT HE WAS NOT STUPID AND SAID âYOU GOT NOTHING, YOU CANâT DO ANYTHING TO ME,â THEN DISCONNECTED. AT 2030 HOURS, MR DYMOND ARRIVED AS A PASSENGER IN A PICKUP TRUCK. WHEN MR DYMOND EXITED THE PICKUP TRUCK, HE WALKED TOWARD ME. HE STILL SMELLED VERY STRONGLY OF ALCOHOLIC BEVERAGE WHICH CAME FROM HIS BREATH. MR DYMOND WAS STILL OBVIOUSLY DRUNK. WHEN I ASKED HIM WHY HE LEFT PORT PARADISE, HE STATED BECAUSE I DID NOT TELL HIM THAT HE COULD NOT. MR DYMOND DENIED DRIVING THE BOAT AND STATED I COULD NOT PROVE ANYTHING. AT THIS TIME, HE WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. I ADVISED MR DYMOND HE WAS UNDER ARREST FOR BOATING UNDER THE INFLUENCE. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE REFUSED TO SUBMIT TO THE APPROVED TEST OF HIS BREATH FOR DETERMINING THE ALCOHOL CONTENT OF HIS BLOOD. HE WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION, CITATION NUMBER 9927FXZ2, WITH A MANDATORY COURT APPEARANCE ON 080212 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. HIS BOND WAS SET AT $500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. |
