| Probable cause affidavit: |
SUBMITTED BY: SEFFERN, JONATHAN JR 0623 (AR11120190) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: ROXY 30 MG, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.13(6)(A). DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: A HYPODERMIC NEEDLE, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY SEFFERN JR, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTED TO FLEE ON FOOT WHILE ATTEMPTING TO EFFECT ARREST, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA'S STATE STATUTE 843.02. ON 040911, WHILE CONDUCTING AN EXTRA PATROL OF COLONEL FROG'S PARKING LOT, I OBSERVED MR DERECK NEWBERRY, LATER IDENTIFIED AS THE DEFENDANT, EXITING THE PARKING LOT ON FOOT FROM THE NORTH SIDE OF THE PARKING LOT. I THEN MADE CONTACT WITH the DEFENDANT DUE TO HAVING EXTENSIVE knowledge OF MR NEWBERRY'S NARCOTIC ACTIVITY. UPON EXITING MY PATROL VEHICLE, I ASKED MR NEWBERRY IF HE WAS WILLING TO TALK TO ME, AT WHICH TIME HE STATED YES. I THEN ASKED MR NEWBERRY IF HE HAD HIS IDENTIFICATION CARD AND IF HE WOULD BE WILLING TO PROVIDE IT TO ME SO I COULD CONDUCT A WARRANTS CHECK, TO WHICH THE DEFENDANT ADVISED THAT HE DID NOT HAVE the IDENTIFICATION CARD, HOWEVER PROVIDED ME WITH A WALLET CONTAINING A BANK OF AMERICA BANK CARD. I THEN ASKED THE DEFENDANT IF WHILE SPEAKING WITH HIM I SHOULD BE AWARE OF ANY ITEMS ON HIS PERSON SUCH AS NARCOTICS OR ANY WEAPONS THAT MAY HURT ME. the DEFENDANT ADVISED NO AND BEGAN REMOVING ITEMS FROM HIS POCKETS. THE DEFENDANT REMOVED A PACK OF MARLBORO RED CIGARETTES FROM HIS RIGHT FRONT SHORTS POCKET, RAISED HIS ARMS UP AND ALLOWED ME TO SEARCH HIS PERSON. WHILE CONDUCTING A SEARCH OF THE DEFENDANT'S PERSON, I LOCATED A HYPODERMIC NEEDLE IN HIS LEFT SIDE CARGO POCKET. I THEN PRESENTED THAT INFORMATION TO THE DEFENDANT AND ADVISED HIM THAT I WAS GOING TO DETAIN HIM IN HANDCUFFS FOR FURTHER INVESTIGATION. WHILE ATTEMPTING TO RETRIEVE THE DEFENDANT'S RIGHT ARM, THE DEFENDANT SPUN AWAY FROM ME AND BEGAN RUNNING IN A SOUTHEASTERLY DIRECTION. I OBSERVED THE DEFENDANT THROWN the MARLBORO RED CIGARETTE PACK ONTO THE GROUND. I THEN TOOK CHASE OF THE DEFENDANT AND AS WE EXITED THE SOUTHEAST CORNER OF the PARKING LOT, I WAS ABLE TO KICK THE DEFENDANT'S RIGHT LEG OUT FROM UNDERNEATH HIM, SUBSEQUENTLY CAUSING THE DEFENDANT TO TRIP AND FALL TO THE GROUND. AS THE DEFENDANT HIT THE GROUND, ROLLED, BOUNCED BACK TO HIS FEET AND CONTINUED RUNNING IN A SOUTHEASTERLY DIRECTION. I THEN ADVISED HIM THAT IF HE CONTINUED RUNNING, HE WOULD BE TASED, WHICH HE DISREGARDED. I THEN UNSNAPPED MY AGENCY ISSUED TASER AND REMOVED IT FROM ITS HOLSTER, ACTIVATING THE POWER SWITCH AND AIMING IT TOWARDS the DEFENDANT'S BACK. WHILE CONTINUING THE FOOT PURSUIT, I DEPLOYED MY TASER, HOWEVER, ONLY ONE PRONG STRUCK THE DEFENDANT AT WHICH TIME HE BROKE THE CORD AND CONTINUED RUNNING. I THEN REMOVED THAT CARTRIDGE AND ENGAGED A SECONDARY CARTRIDGE. WHILE CONTINUING THE FOOT PURSUIT, I AGAIN AIMED MY TASER TOWARDS the DEFENDANT'S BACK and DEPLOYED A SECOND CARTRIDGE, AGAIN ONLY ONE PRONG STRUCK THE DEFENDANT, AND SUBSEQUENTLY THE DEFENDANT CONTINUED RUNNING. AS WE APPROACHED THE REAR OF STIX BILLIARDS PLAZA, I WAS ABLE TO GRAB A HOLD OF THE DEFENDANT BY the BACK OF HIS SHIRT AND FORCEFULLY TOOK HIM TO THE GROUND. I THEN PLACED MY KNEE IN THE CENTER OF HIS BACK AND WAS ABLE TO SECURE THE DEFENDANT IN HANDCUFFS. SEVERAL UNITS WERE THEN ARRIVING ON SCENE AS BACK UP. I WALKED THE DEFENDANT BACK TO MY PATROL VEHICLE WHERE DEPUTY DOWLING STOOD BY the DEFENDANT AS I WENT LOOKING TO RETRIEVE the CIGARETTE PACK THROWN BY THE DEFENDANT. I LOCATED THE CIGARETTE PACK NEAR THE SOUTHEASTERLY CORNER OF THE PARKING LOT, WHICH WAS WHERE I OBSERVED THE DEFENDANT THROW IT. UPON FURTHER REVIEW OF THE CIGARETTE PACK, I DISCOVERED A PILL INSIDE WHICH WAS LATER IDENTIFIED AS A ROXY 30 MG PILL BY POISON CONTROL. the HYPODERMIC NEEDLE WAS ALSO EXAMINED and APPEARED TO HAVE BLOOD INSIDE THE SYRINGE AND THE TIP OF THE NEEDLE. THE NARCOTICS AND PARAPHERNALIA WERE COLLECTED, PACKAGED AND TURNED IN TO EVIDENCE. EMERGENCY MEDICAL SERVICES WAS CONTACTED FOR THE DEFENDANT DUE TO THE TASER DEPLOYMENT, HOWEVER THE DEFENDANT REFUSED ANY SERVICES FROM EMERGENCY MEDICAL SERVICES. the DEFENDANT WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE, POSSESSION OF PARAPHERNALIA AND OBSTRUCTING AN OFFICER WITHOUT VIOLENCE. THE DEFENDANT'S BOND WAS SET AT $6,000.00, PER THE BOND SCHEDULE. "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* |
