| Probable cause affidavit: |
SUBMITTED BY: THEN, KERRY 0531 (AR09108695) DID KNOWINGLY AND UNLAWFULLY consume or have in his possession any alcoholic beverage in an open container on any public street, thoroughfare, sidewalk, alley, or on any publicly owned, operated, leased or controlled public recreation area or other publicly owned, operated, leased or controlled facility or public parking lot within the City of Inverness IN VIOLATION OF CITRUS COUNTY ORDINANCE 6-5. ON 042009, I RESPONDED TO 223 HIGHLAND BOULEVARD, BEALL'S DEPARTMENT STORE, IN REFERENCE TO A SUSPICIOUS INCIDENT INVOLVING A JUVENILE. UPON ARRIVAL, I MET WITH THE COMPLAINANT, MANAGER FOR BEALL'S DEPARTMENT STORE, WHO ADVISED THAT A YOUNG MALE JUVENILE APPROXIMATELY AGE 11 HAD COME INTO THE STORE AND STATED THAT AN ELDERLY WHITE MALE APPROACHED HIM OFFERING HIM $100.00 TO GO HOME WITH THE ELDERLY WHITE MALE. AT THAT POINT SHE CONTACTED THE SHERIFF'S OFFICE. I THEN WAS POINTED IN THE DIRECTION IN WHICH THE ELDERLY WHITE MALE WAS SITTING, WHICH WAS ON THE WEST SIDE OF THE BEALL'S DEPARTMENT STORE. HE WAS SITTING ON A RETAINING WALL, FROM WHICH HE HAD KNOCKED A CASE OF BUSH BEER OFF THE WALL, WHICH WAS SITTING NEXT TO HIM. UPON APPROACHING THIS INDIVIDUAL THERE WAS A STRONG SCENT OF ALCOHOL EMITTING FROM HIS BREATH, AND HE APPEARED INTOXICATED. HE DID SHOW SIGNS OF DISORIENTATION BY SPEAKING UNCLEARLY AND BEING UNABLE TO WALK IN A STRAIGHT LINE. THE INDIVIDUAL WAS ASKED IF THE BEER THAT WAS KNOCKED OFF THE RETAINING WALL WAS HIS, AND HE SAID YES, THAT HE HAD JUST PURCHASED IT FROM WINN DIXIE AND SHOWED ME A RECEIPT. THERE WERE APPROXIMATELY THREE BEERS OPENED, AND HE SAID HE WAS DRINKING THEM. ALL THE BEERS WERE STILL COLD TO THE TOUCH. HE WAS THEN QUESTIONED ABOUT APPROACHING THE JUVENILE AND HE STATED THAT HE WAS JUST TRYING TO HELP THE JUVENILE BECAUSE HE BELIEVED THAT SOMEONE HAD TAKEN HIS MONEY. HE DID STATE THAT HE ASKED THE JUVENILE TO COME BACK TO his HOUSE TO HELP HIM BECAUSE OF HIS CONDITION. THE SUSPECT STATED HE HAD NO INTENTIONS OF HARMING THE CHILD. I THEN SPOKE WITH THE JUVENILE, WHO STATED THAT WHILE RIDING BEHIND THE BEALL'S DEPARTMENT STORE ON HIS BICYCLE, THE SUSPECT YELLED TO HIM "DO YOU NEED SOME MONEY?" TO WHICH THE JUVENILE ADVISED NO, THAT HE JUST SPENT HIS LAST FIVE DOLLARS AT MCDONALDS. THE JUVENILE ADVISED THERE WAS AN independent WITNESS TO THIS; HOWEVER, HE WAS UNABLE TO BE LOCATED AT THAT TIME. THE JUVENILE ADVISED THAT THE SUSPECT SAID HE JUST NEEDED SOME HELP AND SOMEONE TO TALK TO. ON CALL CRIMES AGAINST CHILDREN WAS CONTACTED, AND I SPOKE WITH DETECTIVE LIOTTA, WHO ADVISED THAT BASED ON THE STATEMENTS GIVEN, NO CRIMINAL CHARGES WOULD BE FILED. I DID, HOWEVER, PLACE THE SUSPECT UNDER ARREST FOR A VIOLATION OF THE OPEN CONTAINER LAW FOR CITRUS COUNTY. A PHOTOGRAPH WAS TAKEN OF THE SUSPECT AND SENT TO DETECTIVE LIOTTA, AS WELL AS A FIELD INTERVIEW REPORT IN REFERENCE TO THIS CASE. PHOTOGRAPHS OF THE ALCOHOLIC BEVERAGES WERE ALSO TAKEN AND TURNED IN TO EVIDENCE. THE BEVERAGES WERE EMPTIED AND DISPOSED OF. THE JUVENILE WAS TURNED OVER TO THE PARENTS AND THEY WERE GIVEN A CASE CARD IN REFERENCE TO THIS CALL. THE SUSPECT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HIS BOND WAS SET AT $150.00. *NOT-EXEMPT* |
