| Probable cause affidavit: |
submitted by: NASWORTH, MATTHEW N384 (AR13-6290) On 06/30/2013, I, FWC Officer Matthew Nasworth N384, was on state water patrol in the area of Gomez Rocks in Crystal River. I observed a white vessel with two occupants traveling west, at which time I conducted a vessel stop for a boating safety inspection. Upon stopping the vessel, I made contact with the operator, later identified at William Jeffrey Wilson, and passenger, later identified as Chad Matthew Doss. I asked Wilson and Doss how they were doing today, at which time they both stated, âWere doing greatâ. Upon first contact with Wilson, I immediately observed his eyes to be watery and bloodshot. I asked Wilson how he did on scalloping today and he stated, âWe did pretty good. We got our limit.â While speaking with Wilson, I detected his speech to be slurred, mumbled and stuttered. I also observed Wilson continue to brace himself while standing, talking to me. I advised Wilson that I was going to perform a boating safety inspection, at which time I asked him to provide me with the United States Coast Guard standard safety equipment. As Wilson was walking thrOUGH the vessel to get the safety equipment, he had to brace himself at all times and sat down at least 3 times to prevent himself from falling over. I asked Wilson to provide ME with a horn or whistle and fire extinguisher, at which time Wilson forgot to provide me with the horn or whistle. I asked Wilson to provide me with flares and I observed him open the center seat storage compartment and pick thrOUGH several different items, at which time he provided me with the vessel registration. I asked Wilson again to provide me with flares, at which time he stepped onto the raised platform by the stern of the vessel and I observed him fall onto his side. I asked Wilson if he needed any help and he stated, âNo, Iâm okâ. While Wilson was getting the safety equipment he was very talkative and laughing. I observed Wilson continually move his hands and fingers rapidly while sitting. I asked Wilson to provide me with his driverâs license and observed him fumble thrOUGH his wallet passing over his driverâs license at least once. I asked Wilson if he would participate in the standardized field sobriety tasks and he stated, âYesâ. At that time, I asked Wilson if he would step onto my vessel to perform the tasks due to the fact that my vessel had more adequate room and he advised he would. As soon as Wilson stepped onto my vessel, I immediately detected a strong odor of alcohol coming from his person. At that time, I began the afloat sobriety tasks. Wilson was read the pre-task questions and instructions from a prepared text. Task # 1 Horizontal Gaze Nystagmus. Wilson was read instructions from a prepared text and stated he understood. Wilson had lack of smooth pursuit in both eyes Wilson had distinct and sustained nystagmus at maximum deviation in both eyes Wilson had nystagmus prior to 45-degrees. Task #2 Palm Pat. Wilson was read instructions from a prepared text and stated he understood. Wilson slid his hand across the palm of his bottom hand. Wilson rolled his top hand on the palm of his bottom hand. Wilson crossed his hand when flipping back over. Wilson didnât speed up. Wilson hesitated to count and turn his and over. Wilson had to be corrected to how to complete the task and attempted to start the task with the back of his top hand on the palm of his bottom hand. Task #3 Finger Count. Wilson was read instructions from a prepared text and stated he understood. Wilson miscounted his fingers by counting to the #5 using 4 fingers. Wilson didnât speed up. Wilson had improper finger touch by touching the side of his finger at least 4 times Wilson double tapped the same finger at least 4 times. Wilson had to stop at least 2 times to think about the number he was counting. Task #4 Finger-To-Nose. Wilson was read instructions from a prepared text and stated he understood. Wilson was slow when conducting the task but completed it. Task #5 Recite Alphabet. Wilson was read instructions from a prepared text and stated he understood. Wilson was very hesitant while competing the task by stopping at least 2 times. Task #5 Backwards Count. Wilson was read instructions from a prepared text and stated he understood. Wilson completed the task as instructed. Task #6 Hand Coordination. Wilson was read instructions from a prepared text and stated he understood. Wilson didnât move his hands away from his chest as instructed but moved them in a circular motion. Wilson counted to 5, 6, 7, and 8 while doing the hand clap. I observed Wilson clap only 3 times. Wilson counted to 9,10,11,12 while returning his hands to his chest. Wilson stopped during the task at least one time to ask me if he was doing it right. At that time, I advised Wilson I had probable cause to believe he had been operating his vessel while impaired. I told Wilson to turn around and place his hands behind his back, at which time he did. Wilson was placed under arrest and advised he would be transported to the Citrus County Detention Facility where he would be asked to submit to a lawful test of his breath. Wilsonâs handcuffs were double locked. I asked Doss if he had been drinking anything today and he stated, âYes, a few beersâ. I performed the standardized field sobriety afloat tasks on Doss, at which time he did nOt complete them as instructed. I placed a life jacket on Wilson and tied his vessel to mine. I escorted Wilson and the vessel back to the Fort Island End boat ramp. While en-route to the boat ramp, Officer Darrel Thomson met me in the area of Shark point, at which time he took custody of Wilson and transported him to the boat ramp. I escorted the vessel and Doss back to the boat ramp where the vessel was released to a friend of Wilson at his request. Wilson was placed into the custody of Citrus County Deputy Phillips ID# 223 and was transported to the Citrus County Detention Facility. At the Detention Facility Wilson was asked to submit to the lawful test of his breath which he agreed to and blew a .096 and .098. Wilson was provided with Florida Uniform Boating Citation # V353480 for Operating A Vessel With A BAL (breath) of .08 or Higher per Florida State 327.35(1)(c). Wilson was also provided with an optional court date of August 1, 2013 at 1:00 PM at the Citrus County Court House located at 110 North Apopka Avenue Inverness, FL 34450. |
