| Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1332 (AR15-16673) DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, (2ND OFFENSE) DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE, 322.34(2)(B). \tDEFENDANT did then and there unlawfully carry a concealed weapon or electric weapon or device on or about HIS person, to-wit: A PAIR OF BRASS KNUCKLES, in violation of Florida Statute, 790.01(1). \t DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY TULLY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: BY ATTEMPTING TO RUN AWAY FROM DEPUTY TULLY, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE, 843.02. \t ON 100215, AT APPROXIMATELY 1330 HOURS, I WAS INVESTIGATING AN UNRELATED CRIME AT THE INTERSECTION OF REGINA AND NORTH LECANTO BOULEVARD. WHILE GETTING INTO MY PATROL VEHICLE TO EXIT THE PARKING LOT AT THAT INTERSECTION, I OBSERVED A BLACK IN COLOR STREET MOTORCYCLE BEING DRIVEN BY A WHITE MALE WEARING A BLACK HELMET. I OBSERVED THE MOTORCYCLE TURN EAST ONTO REGINA BOULEVARD AT AN ACCELERATED RATE OF SPEED, CAUSING THE FRONT WHEEL OF THE MOTORCYCLE TO LEAVE the GROUND FOR APPROXIMATELY ONE TO TWO SECONDS. ONCE THE WHEEL CAME BACK DOWN, THE MOTORCYCLE CONTINUED TRAVELING EASTBOUND AT A HIGH RATE OF SPEED. I THEN ENTERED MY PATROL VEHICLE AND ATTEMPTED TO CATCH UP TO THE MOTORCYCLE, WHICH WAS APPROXIMATELY100 YARDS IN FRONT OF ME. I CONTINUED TO FOLLOW SAID MOTORCYCLE, AND OBSERVED IT TURN NORTHBOUND ONTO SOUTH DAVIS STREET AND TURN INTO THE DRIVEWAY LOCATED AT 106 SOUTH DAVIS STREET. WHILE ATTEMPTING TO CATCH UP TO THE MOTORCYCLE, THIS DEPUTY DID NOT ACTIVATE MY OVERHEAD EMERGENCY LIGHTS OR SIRENS. FROM THE TIME I WITNESSED THE MOTORCYCLEâS FRONT WHEEL LEAVE THE GROUND UNTIL THE MOTORCYCLE TURNED INTO THE DRIVEWAY AT THE ABOVE LISTED ADDRESS I DID NOT LOSE SIGHT OF THE MOTORCYCLE OR THE DRIVER. ONCE THE MOTORCYCLE PULLED INTO THE DRIVEWAY ON DAVIS STREET, I OBSERVED THE DRIVER GET OFF OF THE MOTORCYCLE, REMOVE HIS HELMET AND PLACE THE HELMET ON THE FRONT PORCH OF THE RESIDENCE AT that ADDRESS. I THEN EXITED MY PATROL VEHICLE, APPROACHED THE DRIVER AND ASKED HIM TO STEP OUT TO MY PATROL VEHICLE TO SPEAK WITH ME. THE DRIVER, LATER IDENTIFIED AS MR THOMAS WESTMORELAND III, STATED MULTIPLE TIMES, ââWHY DO I NEED TO COME TALK TO YOU?ââ. I THEN ADVISED MR WESTMORELAND THAT I OBSERVED HIM RAISE THE FRONT WHEEL OF HIS MOTORCYCLE OFF OF THE GROUND WHEN HE TURNED ONTO REGINA BOULEVARD OFF OF NORTH LECANTO HIGHWAY. MR WESTMORELAND IMMEDIATELY STATED MULTIPLE TIMES THAT HE WAS NOT RIDING A MOTORCYCLE AND IT WAS SOMEONE ELSE. HOWEVER, HE COULD NOT ADVISE ME WHO IT WAS. I THEN ADVISED MR WESTMORELAND ONCE MORE THAT HE NEEDED TO STEP OUT TO MY PATROL VEHICLE AND SPEAK TO ME, AT WHICH TIME HE COMPLIED. I ASKED HIM IF HE HAD ANY IDENTIFICATION ON HIM, TO WHICH HE ADVISED NO, HIS DRIVING PRIVILEGE WAS CURRENTLY SUSPENDED FOR FAILURE TO PAY FINANCIAL OBLIGATION. I THEN ADVISED HIM TO STAND AT THE HOOD OF MY PATROL VEHICLE WHILE I ATTEMPTED TO LOCATE A PHOTOGRAPH OF HIM IN THE ââDAVIDââ PROGRAM. DURING THAT TIME, THE DEFENDANT ATTEMPTED TO WALK AWAY FROM MY PATROL VEHICLE, AND WAS ADVISED MULTIPLE TIMES TO STAND AT THE FRONT OF MY PATROL VEHICLE. DURING THAT TIME, MR WESTMORELAND HAD HIS HANDS IN HIS POCKETS AND WAS INSTRUCTED MULTIPLE TIMES TO TAKE HIS HANDS OUT OF HIS POCKETS, TO WHICH HE DID NOT COMPLY. I THEN ADVISED MR WESTMORELAND TO TAKE HIS HANDS OUT OF HIS POCKETS SO I COULD PAT HIM DOWN FOR ANY WEAPONS OR CONTRABAND. HE THEN PLACED HIS HANDS DOWN BY HIS LOWER BACK WHILE I CONDUCTED A PAT DOWN OF HIS PERSON. HE THEN TOOK HIS RIGHT HAND AND REACHED INTO HIS RIGHT REAR POCKET AND REMOVED A PAIR OF BRASS KNUCKLES WHICH WERE HALF ON HIS FINGERS. AT THAT TIME I WAS ABLE TO QUICKLY REMOVE THEM FROM HIS RIGHT HAND AND THROW THEM ONTO THE HOOD OF MY PATROL VEHICLE. MR WESTMORELAND THEN IMMEDIATELY TOLD ME THAT HE HAD SOME ââSPICEââ (SYNTHETIC CANNABIS) INSIDE HIS POCKET. AFTER INFORMING ME OF THIS, HE PULLED AWAY AND TOOK APPROXIMATELY 10 STEPS AWAY FROM THIS DEPUTY IN AN ATTEMPT TO RUN. HOWEVER, I THEN DREW MY AGENCY ISSUED TASER, POINTED IT AT THE SUSPECT AND INSTRUCTED HIM MULTIPLE TIMES TO GET ON THE GROUND. THE SUSPECT AGAIN PUT HIS HANDS IN HIS POCKETS AND WOULD NOT COMPLY. AFTER GIVING THE SUSPECT ONE FINAL VERBAL COMMAND, HE COMPLIED AND REMOVED HIS HANDS FROM HIS POCKETS. HE WAS THEN COMMANDED TO LIE FLAT ON HIS STOMACH ON the GROUND WHERE HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. DEPUTY STRICKLAND (0583) THEN ARRIVED ON SCENE, AT WHICH TIME WE PICKED THE SUSPECT UP FROM THE GROUND AND ESCORTED HIM TO THE REAR OF MY PATROL VEHICLE. I THEN LOCATED A RED L & M CIGARETTE PACKAGE WHICH HAD ONE CIGARETTE JOINT CONTAINING SYNTHETIC CANNABIS. IN THE SUSPECTâS POCKET I LOCATED A BLACK BAG CONTAINING SYNTHETIC CANNABIS. THE SUSPECTâS CASH, ALONG WITH HIS CIGARETTES, LIGHTERS AND other MISCELLANEOUS ITEMS WERE TURNED OVER TO A FEMALE WHO WAS ON SCENE AT THE SUSPECTâS REQUEST. THE SUSPECT WAS THEN PLACED UNDER ARREST AND SECURED IN THE REAR OF MY PATROL VEHICLE. THE SYNTHETIC CANNABIS WAS COLLECTED, ALONG WITH THE BRASS KNUCKLES, FOR SUBMISSION TO EVIDENCE. THE DEFENDANTâS MOTORCYCLE BEARING FLORIDA TAG, 8118RN, WAS LEFT ON SCENE AT HIS REQUEST. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT ADVISED ME THAT HE CARRIES THE BRASS KNUCKLES FOR SELF DEFENSE. HE ALSO SPONTANEOUSLY UTTERED, ââTHE REASON I WAS IN A HURRY WAS BECAUSE I NEEDED TO GIVE THE CHICK AT THAT HOUSE MONEY FOR HER WATER BILLââ. HE FURTHER INFORMED ME THAT HE KNEW HAD ââPOPPED A WHEELIEââ ON HIS BICYCLE. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION, A1P2CDP, FOR DRIVING WHILE LICENSE SUSPENDED WITH A MANDATORY COURT DATE SET FOR 102215 AT 1300 HOURS. HE WAS ALSO ISSUED FLORIDA UNIFORM TRAFFIC CITATION, A1P2CEP, FOR ââWHEELINGââ HIS MOTORCYCLE. THE DEFENDANTâS BOND WAS SET AT $1,000.00 FOR EACH OF THE ABOVE LISTED CHARGES, WITH A TOTAL BOND OF $3,000.00. |
