| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR10114619) THE DRIVER OF ANY VEHICLE INVOLVED IN A CRASH RESULTING ONLY IN DAMAGE TO A VEHICLE OR OTHER PROPERTY DRIVEN OR ATTENDED BY ANY PERSON, SHALL IMMEDIATELY STOP SUCH VEHICLE AT THE SCENE OF SUCH CRASH OR AS CLOSE THERETO AS POSSIBLE, AND SHALL, FORTHWITH RETURN TO AND IN EVERY EVENT SHALL REMAIN AT THE SCENE OF THE CRASH UNTIL HE HAD FULFILLED THE REQUIREMENTS OF 316.061(1) ON 050210 I WAS DISPATCHED TO THE AREA OF HIGHWAY 41 SOUTH, NEAR THE CITRUS PLAZA, IN REFERENCE TO A HIT AND RUN ACCIDENT. UPON ARRIVAL I MADE CONTACT WITH THE VICTIM WHO ADVISED SHE WAS STRUCK FROM BEHIND BY THE SUSPECT VEHICLE, WHICH SHORTLY THEREAFTER FLED THE SCENE. CONTACT WAS THEN MADE WITH WITNESS ONE WHO ADVISED HE HAD OBSERVED THE ACCIDENT AND SAW THE DRIVER AND WAS ABLE TO GET A TAG NUMBER OFF THE VEHICLE; FLORIDA TAG 821YVS. HE ADVISED THAT HE THEN FOLLOWED THE SUSPECT VEHICLE SEVERAL MILES DOWN TURNER CAMP ROAD, BACK OVER TOWARD U S HIGHWAY 41, BUT THEN DISCONTINUED FOLLOWING THE VEHICLE. WITNESS TWO GAVE CORROBORATING INFORMATION. THIS DEPUTY THEN OBTAINED A DESCRIPTION OF THE SUSPECT AS A WHITE MALE POSSIBLY IN HIS 40'S OR 50'S WITH SHORT/CROPPED HAIR ON TOP AND VERY SCRUFFY FACIAL HAIR, POSSIBLY WITH GRAYING HAIR ON TOP. THIS DEPUTY THEN PULLED UP THE REGISTERED OWNER OF THE VEHICLE, WHICH WAS SIMILAR IN DESCRIPTION TO THAT BEING GIVEN BY THE WITNESSES. BOTH WITNESSES SAW A DRIVER'S LICENSE PHOTO OF THE REGISTERED OWNER AND ADVISED THEY BELIEVED THAT TO BE THE DRIVER OF THE VEHICLE WHO HAD FLED THE SCENE. HOWEVER, UPON THIS DEPUTY MAKING CONTACT WITH THE REGISTERED OWNER, HE WAS DETERMINED, IN FACT, NOT TO BE THE DRIVER. UPON MAKING CONTACT WITH THE OWNER OF THE VEHICLE HE ADVISED HE HAD LENT THE VEHICLE TO HIS NEPHEW WHO IS THE DEFENDANT IN THIS CASE, MR WILLIAM MCMURRAY AND HE WAS SUPPOSED TO BE BRINGING HIS VEHICLE BACK TO HIM. THIS DEPUTY THEN PULLED UP A DRIVER'S LICENSE PHOTO OF MR MCMURRAY AND NOTICED A FAMILY RESEMBLANCE BETWEEN THE REGISTERED OWNER AND THE DEFENDANT; HOWEVER, NOT ENOUGH RESEMBLANCE TO MISTAKE THE OWNER FOR THE DEFENDANT. A SHORT TIME LATER AFTER MAKING CONTACT WITH THE REGISTERED OWNER, HE ADVISED HE HAD RECEIVED A TELEPHONE CALL FROM A BUSINESS OWNER IN TOWN, WHO IS A FRIEND OF HIS, AND HAD ASKED HIM WHY HIS VEHICLE; A MAROON 1993 CHEVROLET FOUR DOOR, WAS PARKED AT HIS NURSERY ON WHITE BOULEVARD IN INVERNESS. MYSELF, DEPUTY BRIGGS AND THE REGISTERED OWNER THEN RESPONDED AND DISCOVERED THE REGISTERED OWNER'S VEHICLE WITH DAMAGE TO THE LEFT FRONT AREA OF THE VEHICLE, ALONG WITH BROKEN GLASS MATCHING WHAT THIS DEPUTY HAD FOUND ON SCENE AT THE TRAFFIC ACCIDENT. USING THE INFORMATION PROVIDED BY THE VEHICLE OWNER, ATTEMPTS WERE MADE TO LOCATE THE DEFENDANT, WITH NEGATIVE RESULTS. HOWEVER, WHILE ON SCENE WITH THE VEHICLE OWNER DISPATCH RECEIVED A CALL FROM A MAN WHO WAS OFF OF FOREST DRIVE IN INVERNESS AND HAD MADE A CLAIM THAT HE HAD BEEN FORCED OUT OF HIS VEHICLE POSSIBLY WITH A WEAPON AND HIS CAR HAD BEEN STOLEN. SEVERAL DEPUTIES THEN RESPONDED TO THAT COMPLAINT AND LOCATED THE DEFENDANT, MR WILLIAM MCMURRAY, ON FOREST DRIVE NEAR LONG AVENUE. MR MCMURRAY WAS THEN ADVISED OF HIS MIRANDA WARNING VIA CARD BY DEPUTY STRICKLAND AND HE AGREED TO SPEAK WITH DEPUTIES ON SCENE. THE DEFENDANT, MR MCMURRAY, GAVE A SWORN WRITTEN STATEMENT, WHERE HE ADVISED HE WAS RIDING WITH A FRIEND NAMED JERRY, IN HIS UNCLE'S CHEVROLET IMPALA, WHEN A MAN WITH A MASK SOMEHOW PULLED THEM OVER AND HIT THE DEFENDANT IN THE RIBS AND TOLD THEM TO SHUT UP OR HE WOULD SHOOT THEM. HE ADVISED THIS UNKNOWN INDIVIDUAL THEN SLAMMED INTO THE BACK OF A CAR IN TOWN, AND CONTINUED TO SPEED THROUGH THE RESIDENTIAL AREAS, ENDING UP AT A NURSERY OFF WHITE BOULEVARD WHERE HE PUSHED THE DEFENDANT OUT OF THE CAR, AT WHICH TIME MR MCMURRAY SAID HE FLED ON FOOT INTO THE WOODS. I THEN SPOKE WITH MR MCMURRAY IN DETAIL AND ADVISED HIM THAT THE STORY HE WAS TELLING US WAS COMPLETELY FABRICATED BASED ON INFORMATION WE POSSESSED, SHOWING THAT HE WAS NOT BEING HONEST AND TRUTHFUL. I EXPLAINED TO THE DEFENDANT THAT HE WAS ABOUT TO CAUSE HIMSELF MORE PROBLEMS BY FILING A FALSE POLICE REPORT TO COVER UP HIMSELF RUNNING INTO THE BACK OF THE VICTIM'S VEHICLE EARLIER THIS DATE, IN TOWN. I THEN ADVISED HIM THAT IF HE WOULD HAVE, INSTEAD OF FLEEING THE SCENE FROM THE TRAFFIC ACCIDENT, JUST STAYED ON SCENE, WOULD HAVE PROBABLY BEEN GIVEN A NOTICE TO APPEAR AND SENT ON HIS WAY. I THEN BEGAN TO EXPLAIN TO THE DEFENDANT THAT HE DID NOT NEED ANY MORE PROBLEMS/TROUBLE BY CONTINUING WITH A BOGUS STORY BY HAVING US FOLLOW UP ON AN INCIDENT WHICH HAD NEVER OCCURRED. THE DEFENDANT THEN ADVISED THAT HE JUST GOT SCARED WHEN HE RAN INTO THE VICTIM AND SINCE HE WAS OUT ON BOND FROM A PREVIOUS CASE THOUGHT HE WOULD BE IN MORE TROUBLE, SO HE LEFT THE SCENE. HE ADVISED HE HAD MADE UP THE STORY ABOUT THE MYSTERIOUS GUNMAN TO AVOID BEING CONNECTED TO THE TRAFFIC ACCIDENT HE WAS PREVIOUSLY INVOLVED IN. WHILE SPEAKING WITH THE DEFENDANT, THIS DEPUTY REALIZED THAT THE DEFENDANT LOOKED LIKE THE DESCRIPTION GIVEN BY THE WITNESSES. THE DEFENDANT WAS THEN PLACED IN MY PATROL VEHICLE AND HE WAS TRANSPORTED TO THE SHERIFFS' OFFICE OPERATIONS CENTER FOR FURTHER INVESTIGATION OF THIS CASE. THIS DEPUTY CONTACTED WITNESS TWO WHO DROVE BY THE SHERIFF'S OFFICE OPERATIONS BUILDING WHILE THE DEFENDANT WAS STANDING OUTSIDE AND POSITIVELY IDENTIFIED THE DEFENDANT AS BEING THE DRIVER OF THE VEHICLE INVOLVED IN THE HIT AND RUN. THE DEFENDANT WAS VERY COOPERATIVE AND ADVISED HE HAD JUST DONE THIS BECAUSE HE WAS SCARED AND THAT HE DID NOT KNOW WHAT TO DO WHEN HE CRASHED INTO THE VICTIM. SHORTLY THEREAFTER THE DEFENDANT REQUESTED TO CALL HIS ATTORNEY. HE WAS ADVISED HE WOULD BE ABLE TO CONTACT HIS ATTORNEY FROM THE DETENTION FACILITY, HOWEVER, QUESTIONING OF THE DEFENDANT CEASED, DUE TO HIS REQUEST. EMERGENCY MEDICAL SERVICES HAD BEEN NOTIFIED DUE TO THE DEFENDANT ADVISING HIS RIBS WERE HURTING, BUT HE REFUSED TREATMENT UPON EMERGENCY MEDICAL SERVICES (EMS) ARRIVING ON SCENE. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGES AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION 7036-FRY8, FOR LEAVING SCENE OF ACCIDENT WITH PROPERTY DAMAGE WITH A MANDATORY COURT APPEARANCE OF 052010 AT 1300 HOURS. HE WAS THEN ISSUED FLORIDA UNIFORM TRAFFIC CITATION 7037-FRY9, FOR KNOWINGLY DRIVING WHILE LICENSE SUSPENDED; WITH COURT DATE OF 052010 AT 1300 HOURS. HE WAS THEN ISSUED FLORIDA UNIFORM TRAFFIC CITATION 7038-FRYX FOR CARELESS DRIVING FOR HITTING THE VICTIM'S CAR IN THIS CASE. *NOT-EXEMPT* |
