| Probable cause affidavit: |
SUBMITTED BY: FLORES, DAVID 1439 (AR17-22573/17-20216) did knowingly, actually and intentionally touch or strike DEPUTY FERNANDEZ (1425), a LAW ENFORCEMENT OFFICER, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2)(B). DID UNLAWFULLY ENDANGER THE SAFETY OF ANOTHER OR THEIR PROPERTY WHILE INTOXICATED OR DID WHILE INTOXICATED OR DRINKING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE CAUSE A PUBLIC DISTURBANCE, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 856.011. DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY FLORES (1439), WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: THE DEFENDANT REFUSED TO GIVE THIS DEPUTY HER HANDS TO BE HANDCUFFED, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 020817, I WAS DISPATCHED TO 108 WEST MAIN STREET IN INVERNESS IN REFERENCE TO A TRESPASS. UPON ARRIVAL, I MADE CONTACT WITH THE STORE MANAGER OF MOTOR CITY PASTA. THE MANAGER ADVISED THAT A WOMAN WEARING ALL BLACK WITH SHORT RED HAIR WAS IN HIS STORE AND WAS INTOXICATED AND WAS ACTING DISORDERLY. WHEN THE MANAGER ASKED THIS WOMAN TO LEAVE, SHE BECAME AGGRESSIVE AND THEN PROCEEDED TO LEAVE THE SCENE. THE MANAGER ADVISED THE DEFENDANT HAD WALKED TO COACH'S PUB AND EATERY LOCATED AT 114 WEST MAIN STREET. THE MANAGER ALSO ADVISED HE WANTED THE DEFENDANT TRESPASSED FROM THE RESTAURANT. WHEN I ARRIVED AT COACH'S, I MADE CONTACT WITH ONE OF THE ASSOCIATES AT THE BAR AND ASKED IF THEY HAD SEEN A WOMAN MATCHING THE DESCRIPTION THE MANAGER OF MOTOR CITY PASTA HAD PROVIDED ME. THE ASSOCIATE ADVISED MS HEATHER WEIGLE, LATER IDENTIFIED AS THE DEFENDANT, WAS SITTING AT THE BAR, AND THE MANAGER OF COACH'S WANTED THE DEFENDANT TRESPASSED FROM THE BAR AS WELL. I THEN MADE CONTACT WITH THE DEFENDANT. SHE ADVISED SHE HAD BEEN AT MOTOR CITY, AND THE MANAGER HAD TOLD HER TO LEAVE. THIS MADE THE DEFENDANT UPSET AND SHE THEN WALKED TO COACH'S. I COULD DETECT THE ODOR OF ALCOHOL ON THE DEFENDANT'S BREATH. I THEN TOLD THE DEFENDANT SHE WAS BEING TRESPASSED FROM BOTH MOTOR CITY PASTA AND COACH'S, AND SHE HAD TO LEAVE THE PREMISE IMMEDIATELY. THE DEFENDANT PROCEEDED TO EXIT THE BAR. WHILE EXITING THE BAR, THE DEFENDANT LIFTED HER MIDDLE FINGER TO CUSTOMERS IN THE BAR. THE DEFENDANT THEN WALKED OVER TO ONE OF THE ASSOCIATES OF THE BAR, AND THE DEFENDANT PROCEEDED TO PLACE HER MIDDLE FINGER IN FRONT OF THE ASSOCIATE'S FACE. I PROCEEDED TO COMMAND THE DEFENDANT TO LEAVE THE PREMISES AGAIN. THE DEFENDANT CONTINUED TO EXIT THE BAR, AND AT THAT MOMENT, THE DEFENDANT HEARD THE ASSOCIATE OF THE BAR BEGIN TO LAUGH. THE DEFENDANT THEN TURNED AROUND AND BEGAN RUNNING TOWARDS THE DEFENDANT AGGRESSIVELY. I THEN ESCORTED THE DEFENDANT TO THE GROUND AND PLACED THE DEFENDANT ON HER STOMACH. THE DEFENDANT HAD PLACED HER HANDS UNDERNEATH HER STOMACH. I COMMANDED THE DEFENDANT SEVERAL TIMES TO GIVE ME HER HANDS, AND THE DEFENDANT REFUSED. I ADVISED DISPATCH TO SEND ANOTHER DEPUTY TO MY LOCATION. AFTER SEVERAL MINUTES, I WAS ABLE TO HANDCUFF THE DEFENDANT, DOUBLE-LOCKED, BEHIND HER BACK. DEPUTY FERNANDEZ (1425) RESPONDED TO THE SCENE TO ASSIST PLACING THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE. WHILE DEPUTY FERNANDEZ WAS PLACING THE DEFENDANT INTO THE REAR OF MY PATROL VEHICLE, THE DEFENDANT PROCEEDED TO LICK THE TOP OF DEPUTY FERNANDEZ'S LEFT FOREARM. THE DEFENDANT WAS TRESPASSED FROM BOTH THE RESTAURANT AND THE BAR. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT WAS ARRESTED FOR ONE COUNT OF BATTERY ON A LAW ENFORCEMENT OFFICER WITH A BOND OF $5,000.00, ONE COUNT OF DISORDERLY INTOXICATION WITH A BOND OF $500.00, AND ONE COUNT OF RESISTING A LAW ENFORCEMENT OFFICER WITHOUT VIOLENCE WITH A BOND OF $1,000.00 FOR A TOTAL BOND OF $6,500.00. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
