| Probable cause affidavit: |
SUBMITTED BY: NEWTON, LAURA 0459 (AR920) THE DEFENDANT, MR MATTHEW M JAQUES, DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS/HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193. THE DEFENDANT, MR MATTHEW M JAQUES, DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE AT A TIME WHEN HIS/HER BLOOD ALCOHOL LEVEL WAS .08 PER CENT OR ABOVE AND BY REASON OF SUCH OPERATION OF A VEHICLE CAUSED DAMAGE TO THE PROPERTY OF ANOTHER, TO WIT: THE DEFENDANT DID STRIKE THE VICTIMâS MAILBOX, TRAILER AND CADILLAC FOUR DOOR VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(3)(A)(B)(C)(1). THE DEFENDANT, MR MATTHEW M JAQUES, DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY NEWTON, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: PULLING AWAY, AND ATTEMPTING TO EVADE ARREST, MULTIPLE TIMES; WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 042812 I RESPONDED TO 307 SOUTH ADAMS STREET IN BEVERLY HILLS IN REFERENCE TO A POSSIBLE VEHICLE BURGLARY IN PROGRESS. THE VICTIM, MR JEFFREY R BURN, HAD ADVISED DISPATCH THAT THERE WERE TWO WHITE MALES STANDING AT THE BACK OF HIS TRAILER, POSSIBLY ATTEMPTING TO STEAL IT FROM HIS DRIVEWAY. WHILE EN ROUTE TO ADAMS STREET, I WAS ADVISED BY DISPATCH THAT THE SUSPECTS HAD LEFTY IN A WHITE TRUCK. AS I PULLED UP IN FRONT OF THE RESIDENCE, I OBSERVED A WHITE MALE STANDING IN THE FRONT YARD, BETWEEN THE VICTIMSâ RESIDENCE AND THE NEIGHBOR. AS I BEGAN TO QUESTION THE WHITE MALE, A WHITE JEEP CHEROKEE PULLED INTO THE VICTIMâS YARD, STRIKING A FOUR DOOR GOLD CADILLAC. THE WHITE MALE I WAS SPEAKING WITH STATED, âTHERE THATâS MAN; HEâS THE ONE WHO JUST RAN OVER MY NEIGHBORâS MAILBOX.â AT THAT TIME, THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, MR MATTHEW M JAQUES, EXITED THE JEEP FROM THE DRIVERâS SIDE DOOR, AND THREW SOMETHING WHICH LANDED IN THE BUSHES THAT WERE DIRECTLY IN FRONT OF THE JEEP. HE THEN CONTINUED WALKING TO THE SIDE OF THE RESIDENCE, AS IF HE WERE LEAVING. I CALLED OUT FOR THE DEFENDANT TO STOP, BUT HE CONTINUED TO WALK AWAY AS HE MUMBLED TO HIMSELF. THE DEFENDANT WAS STAGGERING AND VERY UNEASY ON HIS FEET. I WAS ABLE TO CATCH UP WITH HIM IN ORDER TO DETAIN HIM, BUT HE CONTINUED TO PULL AWAY AS HE STATED, âYO, MY HOUSE IS RIGHT THERE, MAN.â AT THIS TIME I SMELLED A STRONG ODOR OF ALCOHOL EMITTING FROM THE DEFENDANTâS BREATH. AS I GOT THE DEFENDANT TO STOP, HE CONTINUED TO HAVE DIFFICULTY STANDING AS HE WAS SWAYING BACK AND FORTH IN AN ATTEMPT TO PULL OUT HIS WALLET. AS I REACHED UP TO STOP AND STEADY HIM, HE PULLED AWAY AND BEGAN TO WALK TOWARDS HIS RESIDENCE. I AGAIN TOLD THE DEFENDANT TO STOP, BUT HE CONTINUED TO WALK AWAY. I GRABBED THE DRIVER BY HIS LEFT ARM, ASKING HIM TO COME WITH ME, HOWEVER HE AGAIN PULLED AWAY AND TURNED TO WALK TOWARDS HIS RESIDENCE. EACH TIME THE DEFENDANT PULLED AWAY, HE WOULD LOSE HIS BALANCE AND NEARLY FALL OVER. AS I ATTEMPTED TO HELP HIM STEADY HIMSELF, HE WOULD PULL AWAY AGAIN, STATING THAT HE WAS ALMOST HOME AND HAD DONE NOTHING WRONG. WHEN I ASKED THE DEFENDANT ABOUT HIS STRIKING THE VICTIMâS MAILBOX, HE ADVISED THAT HE WOULD PAY THE VICTIM FOR THE DAMAGE. I REQUESTED THE DEFENDANT TO PERFORM FIELD SOBRIETY TESTS, AT WHICH TIME HE STATED THAT HE WAS ALMOST BACK AT HIS RESIDENCE AND HAD DONE NOTHING WRONG. I THEN GRABBED THE DRIVERâS LEFT ARM, BECAUSE HE HAD TURNED TO WALK AWAY FROM ME YET AGAIN. AS I DID SO, I INSTRUCTED HIM TO PLACE HIS HANDS BEHIND HIS BACK. AS I DID THIS, HE PULLED HIS LEFT HAND FREE AND STATED, âNOâ AND BEGAN TO WALK AWAY. I GRABBED THE DRIVER BY HIS SHIRT AND TOLD HIM TO STOP. AT THIS POINT, A FRIEND OF HIS WHOM HAD BEEN THE SECOND PASSENGER, CAME RUNNING OVER TO THE YARD FROM THE DEFENDANTâS RESIDENCE, AND BEGAN YELLING TO THE DRIVER TO STOP RESISTING THIS DEPUTY. THE DEFENDANT CONTINUED TO ARGUE WITH ME, REITERATING THAT HE WAS ALMOST BACK TO HIS RESIDENCE AND THAT HE HAD A TEN YEAR OLD DAUGHTER. THE DEFENDANTâS STATEMENTS CONTINUED TO BE RANDOM AND SLURRED, FURTHER INDICATING THAT HE WAS IN FACT INTOXICATED. I REPEATEDLY TOLD THE DRIVER TO PLACE HIS HANDS BEHIND HIS BACK, AT WHICH TIME THE NEIGHBOR AND THE DEFENDANTâS FRIEND CONTINUED TO TELL HIM TO DO THEM SAME. THE DRIVER FINALLY COMPLIED, AND WAS PLACED IN HANDCUFFS AND DOUBLE LOCKED, BEHIND HIS BACK. I ESCORTED THE DEFENDANT TO MY PATROL VEHICLE, WHERE HIS POCKETS WERE EMPTIED, AND A PAT DOWN WAS COMPLETED BY DEPUTY PRICE. I ADVISED THE DEFENDANT THAT HE WAS UNDER ARREST. THE DEFENDANTâS BELONGINGS FROM HIS POCKETS WERE GIVEN TO HIS FRIEND AT THE REQUEST OF THE DEFENDANT. DEPUTY PRICE OBSERVED THE DEFENDANT WHILE I WENT TO THE FRONT OF THE DEFENDANTâS WHITE JEEP TO SEE WHAT HE HAD THROWN OUT INTO THE BUSHES UPON EXITING HIS VEHICLE. ON THE GROUND IN THE BUSH DIRECTLY IN FRONT OF THE JEEP, WERE THE DEFENDANTâS KEYS WHICH HIS FRIEND LATER USED TO START THE DEFENDANTâS VEHICLE. THE DEFENDANT REQUESTED THAT THE VEHICLE BE RELEASED TO HIS FRIENDâS CUSTODY, AND BE RETURNED TO HIS RESIDENCE. UPON SPEAKING WITH THE VICTIM, I LEARNED THAT THE DEFENDANT HAD PULLED UP IN HIS YARD, RUNNING OVER HIS MAILBOX AND STRIKING HIS TRAILER. THE DEFENDANT THEN BACKED OUT OF HIS DRIVEWAY, DRIVING AWAY AND EVENTUALLY PULLING BACK INTO HIS YARD A SECOND TIME, STRIKING THE GOLD CADILLAC. THE SECOND INCIDENT OCCURRED WHEN I WAS ON SCENE. I DID OBSERVE DAMAGE TO THE VICTIMâS MAILBOX, WHICH WAS COMPLETELY UPROOTED FORM THE GROUND AND DESTROYED. DAMAGE TO THE TRAILERâS PASSENGER SIDE BRAKE LIGHT, AS WELL AS DAMAGES TO THE DRIVERâS SIDE REAR BUMPER AND TAILLIGHT ON THE CADILLAC. AT THAT TIME, THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HE WAS RELEASED TO DETENTION FACILITY STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH PROPERTY DAMAGE, LEAVING THE SCENE OF AN ACCIDENT WITH PROPERTY DAMAGE, AS WELL AS RESISTING A LAW ENFORCEMENT OFFICER WITHOUT VIOLENCE. THE DEFENDANT WAS ALSO ISSUED FLORIDA DUI UNIFORM TRAFFIC CITATION NUMBER 4536XDX, WITH A MANDATORY COURT DATE OF 051712 AT 1300 HOURS, AS WELL AS FLORIDA UNIFORM TRAFFIC CITATION 5570GJX, FOR LEAVING THE SCENE OF AN ACCIDENT, ALSO WITH A MANDATORY COURT DATE OF 051712 AT 1300 HOURS. THE DEFENDANT WAS ISSUED A THIRD UNIFORM TRAFFIC CITATION OF 5569GJX, FOR DRIVING ON AN EXPIRED TAG, WITH A FINE PAYABLE WITHIN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. BOND WAS SET AT $1,250.00, PER THE BOND SCHEDULE. IT SHOULD BE NOTED THAT DEFENDANT PASSED OUT IN HIS CELL, AND REFUSED TO GET UP TO COMPLETE ANY FIELD SOBRIETY TESTING. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HIS/HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT WAS ALSO READ HIS/HER IMPLIED CONSENT REQUESTING HIM/HER TO SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HIS/HER BLOOD. THE DEFENDANT STATED THAT HE/SHE WOULD OR WOULD NOT SUBMIT TO THE APPROVED TEST OF HIS/HER BREATH. |
