| Probable cause affidavit: |
SUBMITTED BY: MULLINS, MARVIN 0493 (AR15-14474) DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT SHE HAD BEEN DIRECTED TO STOP SUCH VEHICLE BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER, DID WILLFULLY REFUSE OR FAIL TO STOP SUCH VEHICLE IN COMPLIANCE WITH SUCH DIRECTIVE, IN VIOLATION OF FLORIDA STATE STATUTE 316.1935(1). ON 040315, AT APPROXIMATELY 2158 HOURS, I WAS TRAVELING SOUTHBOUND ON SOUTH APOPKA AVENUE APPROACHING THE INTERSECTION OF SOUTH APOPKA AVENUE AND HEMLOCK STREET. AT THAT TIME, I OBSERVED A RED FOUR DOOR VEHICLE APPROACHING THE STOP SIGN ON HEMLOCK STREET PREPARING TO TURN ON TO SOUTH APOPKA. AS I GOT CLOSER TO THE INTERSECTION, THE RED VEHICLE PULLED ONTO SOUTH APOPKA HEADING SOUTH, CUTTING ME OFF AND CAUSING ME TO APPLY MY BRAKES TO AVOID A COLLISION. THE DRIVER OF THE RED VEHICLE REALIZED THAT SHE ALMOST CAUSED A COLLISION AND AT THAT TIME TRIED TO ACCELERATE AND TURNED THE STEERING WHEEL, WHERE SHE ENDED UP TRAVELING SOUTHBOUND IN THE NORTHBOUND LANE FOR SEVERAL SECONDS. I INITIATED MY OVERHEAD EMERGENCY LIGHTS TO ATTEMPT TO CONDUCT A TRAFFIC STOP; HOWEVER, AS SOON AS I TURNED MY OVERHEAD EMERGENCY LIGHTS ON THE DRIVER OF THAT VEHICLE ACCELERATED. I THEN INITIATED MY SIRENS, ALONG with MY EMERGENCY LIGHTS AND WHEN I DID THE DRIVER ACCELERATED EVEN MORE. AS WE WERE APPROACHING THE FOUR-WAY STOP INTERSECTION OF SOUTH APOPKA AVENUE AND EAST INVERNESS BOULEVARD, THE VEHICLE AGAIN ENTERED THE NORTHBOUND LANE STILL TRAVELING SOUTH. THE VEHICLE THEN ACCELERATED INTO THE FOUR-WAY STOP INTERSECTION WITHOUT STOPPING AND IMMEDIATELY TURNED LEFT ONTO EAST INVERNESS BOULEVARD. DUE TO THE VEHICLEâS SPEED, THE DRIVER COULD NOT MAINTAIN THE VEHICLE, WHICH VEERED INTO THE YARD OF 101 EAST INVERNESS BOULEVARD, NEARLY HITTING A PARKED VEHICLE. THE DRIVER WAS ABLE TO GET THE VEHICLE BACK ONTO EAST INVERNESS BOULEVARD and made AN IMMEDIATE LEFT ONTO CEDAR AVENUE. THE VEHICLE STARTED SLOWING DOWN AND DID COME TO A STOP IN FRONT OF 928 CEDAR AVENUE. I STEPPED OUT OF MY PATROL VEHICLE AND YELLED FROM MY VEHICLE FOR EVERYONE TO PLACE THEIR HANDS OUT OF THE WINDOWS OF THE VEHICLE. A FEMALE IN THE DRIVERâS SEAT, LATER IDENTIFIED AS THE DEFENDANT, MS JILL RUIZ, PUT BOTH OF HER HANDS OUT OF THE DRIVERâS WINDOW. A MALE LATER IDENTIFIED AS MR JAMES BENNETT, SITTING IN THE PASSENGER SEAT, ALSO COMPLIED and put HIS HANDS OUT OF THE PASSENGER WINDOW. WHEN BACK UP UNITS ARRIVED, I CONDUCTED A FELONY TRAFFIC STOP and pulled ALL PARTIES OUT OF THE VEHICLE INDIVIDUALLY, PLACING THEM BOTH IN HANDCUFFS AND IN SEPARATE PATROL VEHICLES. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT AND READ HER MIRANDA RIGHTS VIA PREPRINTED MIRANDA CARD, where SHE ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND WOULD SPEAK with ME. I ASKED THE DEFENDANT WHY SHE DID NOT STOP AND ATTEMPTED TO FLEE, AND SHE ADVISED THAT SHE WAS SCARED. I TOLD HER THAT THE ONLY REASON I WAS ATTEMPTING TO PULL HER OVER WAS FOR VIOLATION OF the RIGHT OF WAY AND SHE ADVISED THAT SHE UNDERSTOOD. HOWEVER, AS SOON AS SHE SAW MY EMERGENCY LIGHTS ON, SHE SAID THAT SHE FREAKED OUT AND JUST TRIED TO GET AWAY. I ASKED THE DEFENDANT ABOUT HER PASSENGER AND SHE ADVISED THAT mr bennett WAS HER BOYFRIEND AND HE WAS YELLING AT HER THE ENTIRE TIME FOR HER TO STOP AND PULL OVER. THE DEFENDANT ADVISED THAT WAS THE REASON SHE FINALLY PULLED OVER. I SPOKE with MR BENNETT AND READ HIM MIRANDA WARNINGS VIA PREPRINTED CARD AND HE ADVISED that HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK with ME. I ASKED MR BENNETT WHY THE DEFENDANT DID NOT STOP AND HE STATED THAT HE HAD NO IDEA. I ASKED mr bennett what HE WAS DOING WHEN SHE DECIDED TO RUN FROM ME AND HE ADVISED THAT HE WAS YELLING AT HER THE WHOLE TIME TO STOP THE VEHICLE. AT THAT TIME, I RELEASED MR BENNETT FROM THE HANDCUFFS. DUE TO THEIR SIMILAR STORIES, I ADVISED HIM THAT HE WAS FREE TO GO. I MADE CONTACT WITH THE DEFENDANT AGAIN and ADVISED HER THAT I WAS PLACING HER UNDER ARREST FOR FLEEING AND ATTEMPTING TO ELUDE. PER HER REQUEST, I CONTACTED THE ROTATION WRECKER, WHERE EDâS TOWING RESPONDED TO THE SCENE AND RETRIEVED HER VEHICLE. THE DEFENDANT ADVISED OF MANY PHYSICAL HEALTH PROBLEMS THAT SHE HAd, SO I TOOK THE HANDCUFFS FROM BEHIND HER PERSON AND PLACED THEM IN FRONT OF HER PERSON DOUBLE LOCKED. I PLACED THE DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED HER TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. the DEFENDANTâs bond was set at $2,000.00, per the bond schedule. I ALSO ISSUED THE DEFENDANT FLORIDA UNIFORM TRAFFIC CITATION NUMBER 7174-HBH4, FOR RECKLESS DRIVING WITH A COURT DATE TO BE DETERMINED. |
