| Probable cause affidavit: |
SUBMITTED: HRYC, CHRISTOPHER 0701 (AR11119293) DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, 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)(A). DID, BEING A PERSON UNDER THE AGE OF TWENTY-ONE YEARS, UNLAWFULLY AND KNOWINGLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION AN ALCOHOLIC BEVERAGE, IN VIOLATION OF FLORIDA STATE STATUTE 562.111 ON 021011, WHILE TRAVELING EASTBOUND ON WEST CARDINAL AT APPROXIMATELY 62 MILES PER HOUR (MPH), I OBSERVED A VEHICLE DRIVING IN THE OPPOSITE DIRECTION TOWARDS ME. AS I ACTIVATED MY RADAR, I ESTIMATED THE VEHICLE SPEED TO BE 65 MPH. UPON ACTIVATING MY RADAR, MY DECATUR RADAR UNIT INDICATED THAT THE VEHICLE WAS TRAVELING AT APPROXIMATELY 65 MPH. AS the VEHICLE PASSED ME, I OBSERVED THE PASSENGER OF THE VEHICLE THROW A SILVER OBJECT, LATER IDENTIFIED AS A NATURAL LIGHT 12 OUNCE BEER CAN, IN THE DIRECTION OF MY PATROL VEHICLE. I THEN WATCHED THE BEER CAN STRIKE MY WINDSHIELD WHICH CAUSED A LOUD BANGING NOISE, BUT DID NOT CRACK OR BREAK MY WINDSHIELD. DUE TO THE FACT THAT WE WERE TRAVELING AT SPEEDS IN EXCESS OF 60 MPH, I DID NOT THINK IT WAS POSSIBLE FOR AN EMPTY BEER CAN TO MAKE IT OVER THE VEHICLE TO STRIKE MY PATROL VEHICLE. I CONDUCTED A U-TURN NEVER LOSING SIGHT OF THE PICK UP. AS I CONDUCTED MY U-TURN, I OBSERVED THE TRUCK MAKE A RIGHT HAND TURN FROM CARDINAL ONTO WEST CANA LILLY. I THEN CAUGHT UP TO THE VEHICLE AND INITIATED A TRAFFIC STOP WITH MY EMERGENCY EQUIPMENT ACTIVATED. I MADE CONTACT with THE DRIVER/DEFENDANT, MR TODD WALTERS JR, AND AS I APPROACHED THE DRIVER'S SIDE, I NOTICED A SHOTGUN SITTING DIRECTLY NEXT TO THE DRIVER. I IMMEDIATELY ADVISED BOTH THE DRIVER AND THE PASSENGER OUT OF THE VEHICLE AND TO KEEP THEIR HANDS WHERE I COULD SEE THEM. I THEN ESCORTED BOTH the DRIVER AND THE PASSENGER BACK TO THE REAR OF THE VEHICLE. I PATTED BOTH SUBJECTS DOWN FOR ANY ADDITIONAL WEAPONS. I THEN ASKED FOR THE DRIVER'S LICENSE, VEHICLE REGISTRATION, AND PROOF OF INSURANCE OF THE DRIVER AND INFORMED HIM OF THE REASON FOR THE STOP. THE DRIVER MR TODD WALTERS PROVIDED ME WITH A FLORIDA IDENTIFICATION CARD. I THEN ASKED IF HE HAD A DRIVER'S LICENSE OR JUST AN IDENTIFICATION CARD, AND HE STATED THAT HIS LICENSE WAS SUSPENDED, BUT THAT HE HAD GOTTEN IT TAKEN CARE OF THAT MORNING. I THEN ASKED IF HE HAD ANY PAPERWORK SHOWING THAT HIS LICENSE HAD BEEN REINSTATED AND HE STATED THAT HE DID NOT have ANY. A CHECK IN D.A.V.I.D. SHOWED THAT MR WALTERS JR'S LICENSE HAD BEEN SUSPENDED SINCE 010509, FOR FAILURE TO PAY TRAFFIC TICKETS AND ALSO CANCELED INDEFINITELY ON 120610 WITH NOTICE GIVEN. I ALSO NOTICED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS PERSON. THERE WERE SEVERAL EMPTY BEER CANS IN THE BED OF THE TRUCK WHICH MATCHED THE DESCRIPTION OF THE OBJECT THAT HIT MY PATROL VEHICLE. THERE WAS ALSO A 24 PACK OF NATURAL ICE 12 OUNCE BEER CANS IN the BED OF THE TRUCK THAT WERE STILL COLD TO THE TOUCH. UPON MAKING CONTACT WITH THE PASSENGER, MR ALVIN LEE HARRIS, HE WAS READ HIS MIRANDA WARNINGS VIA PREPRINTED CARD, and HE AGREED TO SPEAK WITH ME. HE AT FIRST DENIED THROWING ANYTHING AT MY PATROL VEHICLE, BUT AFTER A FEW MOMENTS HE STATED THAT HE HAD THROWN A HALF EMPTY BEER CAN OVER THE TOP OF THE PICK UP TRUCK IN ATTEMPT TO MAKE IT IN the BED OF THE PICK UP. I ASKED IF HE HONESTLY THOUGHT HE WOULD BE ABLE TO MAKE IT INTO THE BED OF THE TRUCK TRAVELING AT AN EXCESS OF 60 MPH, AND HE STATED HE did nOt KNOW. I ALSO ASKED IF the BEER CAN WAS EMPTY OR FULL, HE STATED THAT IT WAS OVER HALF FULL, AND THAT THE REASON HE WAS THROWING IT OUT IS BECAUSE HE DID NOT WANT THE SMELL OF ALCOHOL ON HIS BREATH WHEN HE GOT HOME. I ASKED HOW COME HE DID NOT JUST THROW IT TO THE SIDE INSTEAD OF OVER THE VEHICLE, WHICH HE DID NOT HAVE AN ANSWER TO. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH AS WELL. I ALSO ASKED MR HARRIS IF HE SAW MY PATROL VEHICLE, AND HE STATED THAT HE DID. I THEN ASKED HOW COME HE did NOT WAIT FOR ME TO GO BY BEFORE THROWING IT DUE TO THE FACT THAT HE could HAVE CAUSED SOME SERIOUS INJURY OR DAMAGE, AND DEFENDANT HARRIS DID NOT HAVE AN ANSWER. AT THAT TIME, BOTH DEFENDANT WALTERS JR AND DEFENDANT HARRIS WERE HANDCUFFED (DOUBLE-LOCKED). BOTH WERE CHARGED WITH POSSESSION OF ALCOHOL BY A MINOR AND DEFENDANT WALTERS WAS CHARGED WITH DRIVING WHILE LICENSE SUSPENDED/REVOKED (DWLS/R), AND DEFENDANT HARRIS WAS CHARGED WITH THROWING OR SHOOTING A DEADLY MISSILE AT MY OCCUPIED PATROL VEHICLE THAT WAS TRAVELING AT AN EXCESS OF 60 MPH WHICH COULD HAVE CAUSED ME TO GET INTO AN ACCIDENT OR POSSIBLY CAUSE MY WINDSHIELD TO BREAK CAUSING A GREAT BODILY INJURY. BOTH WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT HARRIS'S BOND WAS SET AT $5,250, AND DEFENDANT WALTERS JR'S BOND WAS SET AT $750, PER the BOND SCHEDULE. DEFENDANT WALTERS JR WAS ISSUED UNIFORM TRAFFIC CITATION (UTC) NUMBER 6872-GJX1 FOR DWLS/R WITH A COURT DATE OF 030311 AT 1300 HOURS. DEFENDANT HARRIS WAS ISSUED UTC NUMBER 6871-GJXX FOR LITTERING NOT MORE THAN 15 POUNDS, WHICH A FINE OF $160.50 PAYABLE WITHIN 30 DAYS. "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* |
