| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR07004704) did unlawfully endanger the safety of another or their property while intoxicated or did while intoxicated or drinking alcoholic beverages in a public place cause a public disturbance, in violation of Florida Statute 856.011; AND did unlawfully resist, obstruct or oppose DEPUTY HOWARD OF THE CITRUS COUNTY SHERIFF'S OFFICE, who was then and there in the lawful execution of a legal duty, or execution of legal process, to-wit: THE ARREST AND DETENTION OF THE DEFENDANT, without offering or doing violence to the person of such officer, in violation of Florida Statute 843.02. ON 082507, THIS DEPUTY WAS DISPATCHED TO ATTEMPT TO LOCATE A RECKLESS VEHICLE IN THE AREA OF STATE ROAD 200 AND CHARLES TERRACE. I HAD JUST LEFT A CALL ON COUNTY ROAD 39. I WAS ADVISED THAT THE RECKLESS VEHICLE WAS POSSIBLY A DARK COLORED VEHICLE. WHILE THIS DEPUTY WAS DRIVING PAST THE KANGAROO STORE AT THE CORNER OF COUNTY ROAD 39 AND STATE ROAD 200, MYSELF AND DEPUTY FELTON OBSERVED A BLUE IN COLOR MERCURY FOUR DOOR WITH A WHITE MALE HANGING FROM THE FRONT PASSENGER SIDE WINDOW SCREAMING, "FUCK YOU POLICE". THIS DEPUTY, BELIEVING THE VEHICLE MIGHT BE THE RECKLESS VEHICLE AND BEING CONSIDERED THAT THERE MIGHT HAVE BEEN AN ALTERCATION IN THE VEHICLE DUE TO THE SCREAMING, PULLED UP NEXT TO THE VEHICLE IN THE PARKING LOT OF THE KANGAROO STORE. I NOTIFIED DISPATCH OF the POSSIBLE CONNECTION BETWEEN THE VEHICLE AT THE KANGAROO STORE AND THE RECKLESS VEHICLE. A WHITE FEMALE EXITED FROM THE DRIVER'S DOOR OF THE VEHICLE AND ENTERED THE STORE. I NOTICED THAT THE DRIVER APPEARED TO BE RED UNDER BOTH OF HER EYES AS IF SHE HAD POSSIBLY BEEN INVOLVED IN A PHYSICAL ALTERCATION. I then MADE CONTACT WITH THE RIGHT FRONT PASSENGER, LATER IDENTIFIED AS THE DEFENDANT, MR THOMAS POLK. I ASKED HIM IF EVERYTHING WAS OKAY AND IF THERE HAD BEEN A PHYSICAL ALTERCATION IN THE VEHICLE SINCE I HAD OBSERVED HIM SCREAMING. THE DEFENDANT APPEARED TO BE EXTREMELY INTOXICATED WITH A STRONG ODOR OF ALCOHOL EMITTING FROM HIS PERSON. THE DEFENDANT STATED THAT NOTHING HAD HAPPENED AND HE FELT LIKE HE WAS BEING HARASSED. HE THEN ASKED IF HE COULD GO INTO THE STORE, TO WHICH I ALLOWED HIM TO DO SO. THE DEFENDANT YELLED SEVERAL STATEMENTS ABOUT BEING HARASSED BY THE POLICE PRIOR TO ENTERING THE STORE. THE DEFENDANT'S BEHAVIOR HAD BEGUN TO DRAW A CROWD FROM THE CUSTOMERS AND EMPLOYEES OF the STORE. THE DRIVER THEN EXITED THE STORE, AT WHICH TIME, I ASKED HER IF SHE WAS OKAY AND IF THERE HAD BEEN ANY TYPE OF ALTERCATION IN THE VEHICLE. SHE STATED that SHE WAS OKAY AND THAT NOTHING HAD occurred IN THE VEHICLE. SHE STATED THAT THE DEFENDANT HAD JUST YELLED OUT THE WINDOW, "FUCK THE POLICE" AND WAS JUST OUT OF SORTS. I THEN ASKED THE REAr seat passenger if everything was okay, to which he stated that everything was fine. he also appeared to be very intoxicated. I THEN OBSERVED AN OPEN CONTAINER OF BUDWEISER BOTTLE BEER IN THE RIGHT CENTER CONSOLE AREA. I ASKED THE REAR PASSENGER AND THE DRIVER WHO HAD BEEN DRINKING THE BEER, TO WHICH THEY STATED THAT IT BELONGED TO THE DEFENDANT. I THEN REACHED INTO THE VEHICLE AND REMOVED THE BEER, WHICH WAS IN PLAIN SIGHT. THE DEFENDANT THEN EXITED THE STORE AND IMMEDIATELY BEGAN YELLING AT MYSELF AND DEPUTY FELTON THAT HE WAS BEING HARASSED BY LAW ENFORCEMENT. I ASKED THE DEFENDANT IF THE BEER BELONGED TO HIM, TO WHICH HE DID NOT REPLY. HE SHOWED SIGNS OF BECOMING VERY ANGRY BY CLINCHING HIS FISTS AS IF WERE ABOUT TO STRIKE THIS DEPUTY. HE THEN BEGAN YELLING AGAIN THAT WE WERE HARASSING HIM AND THAT WE SHOULD JUST "FUCKING ARREST" HIM. IT WAS APPARENT THAT CUSTOMERS AND STAFF MEMBERS WERE BEING DISRUPTED FROM THEIR ACTIVITIES DUE TO THE DEFENDANT'S ACTIONS. I ASKED THE DEFENDANT TO STEP TO THE FRONT OF THE VEHICLE HE HAD ARRIVED IN DUE TO HIM ACTING EXTREMELY IRATE. I FELT THAT HE MIGHT STRIKE ME DUE TO HIS BEHAVIOR. THE DEFENDANT BEGAN SCREAMING LOUDER THAT HE WAS BEING "FUCKING HARASSED" AND THAT WE SHOULD JUST GO AHEAD AND ARREST HIS "ASS". I ADVISED HIM THAT IF HE DID NOT STEP TO THE FRONT OF THE VEHICLE SO I COULD CONTINUE MY INVESTIGATION, HE WOULD BE ARRESTED. THE DEFENDANT GOT IN THIS DEPUTY'S FACE AND SCREAMED, "THEN FUCKING ARREST ME", AT WHICH TIME, I ADVISED THE DEFENDANT TO PLACE HIS HANDS ON MY PATROL VEHICLE. THE DEFENDANT PLACED HIS HANDS ON THE FRONT OF MY PATROL VEHICLE, PUSHED OFF WITH HIS HANDS AND THEN JUMPED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS ACTING EXTREMELY BELLIGERENT. I ADVISED HIM TO EXIT MY PATROL VEHICLE SO HE COULD BE SECURED AND PATTED DOWN. THE DEFENDANT REFUSED TO EXIT MY PATROL VEHICLE. I ADVISED HIM THAT IF HE DID NOT EXIT MY PATROL VEHICLE, HE WOULD BE CHARGED WITH RESISTING ARREST. THE DEFENDANT THEN STATED, '"FUCK YOU, TAKE ME TO FUCKING JAIL." IT WAS VERY APPARENT TO THIS DEPUTY THAT DUE TO THE DEFENDANT'S INTOXICATION, HE COULD BE VIOLENT BASED ON HIS DEMEANOR AND HIS PHYSICAL GESTURES. I THEN GRABBED THE DEFENDANT'S LEFT HAND AND ATTEMPTED TO PULL HIM FROM MY PATROL VEHICLE; HOWEVER, HE RESISTED ME AND I WAS UNABLE LE TO PHYSICALLY REMOVE HIM. MYSELF AND DEPUTY FELTON THEN REMOVED OUR TASERS FROM THEIR HOLSTERS AND GAVE THE DEFENDANT VERBAL COMMANDS TO EXIT THE VEHICLE OR HE WOULD BE TASED. THE DEFENDANT THEN EXITED MY PATROL VEHICLE, PLACED HIS HANDS ON THE TRUNK AND WAS SECURED. HE WAS PATTED DOWN, HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS ADVISED THAT HE WAS BEING ARRESTED FOR RESISTING WITHOUT VIOLENCE AND DISORDERLY INTOXICATION. THE DEFENDANT BEGAN SCREAMING, "GO AHEAD AND FUCKING ARREST ME, CLOSE THE FUCKING DOOR AND TAKE ME TO FUCKING JAIL." THE DEFENDANT CONTINUED TO SCREAM WHILE IN MY PATROL VEHICLE STATING FOR ME TO TAKE HIM TO "FUCKING JAIL". HE WOULD NOT PROVIDE HIS NAME OR INFORMATION REQUESTED OF HIM AND TOLD THIS DEPUTY TO "FUCK OFF". A STORE EMPLOYEE AND A CITIZEN, WHO HAD WITNESSED THE INCIDENT, PROVIDED WRITTEN STATEMENTS. THEY BOTH ADVISED THAT THEY HAD BEEN DISRUPTED FROM THEIR ACTIVITIES BY THE DEFENDANT'S YELLING AND CONDUCT. THE VEHICLE, WHICH BELONGED TO THE DEFENDANT, WAS RELEASED TO THE DRIVER AT THE REQUEST OF THE DEFENDANT. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, I ATTEMPTED TO REMOVE THE HANDCUFFS FROM THE DEFENDANT. THE DEFENDANT BECAME AGGRESSIVE AND BEGAN SCREAMING AT THIS DEPUTY AND THE CORRECTIONS OFFICER. HE WAS THEN TURNED OVER TO THE CORRECTIONS OFFICER WHILE CONTINUING TO BE BELLIGERENT. THE DEFENDANT'S BOND WAS SET AT $650.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
