| Probable cause affidavit: |
SUBMITTED BY: HINDERHOFER, EDWARD 0667 (AR14-10724) (14-79282) DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, CITRUS COUNTY BOARD OF COUNTY COMMISSIONERS, TO WIT: A REFLECTIVE ROAD SIGN, SAID PROPERTY BEING OF A VALUE OF APPROXIMATELY $100.00 WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY HINDERHOFER WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: PUSHING AND PULLING AWAY FROM AND ATTEMPTING TO BITE DEPUTY HINDERHOFER BY OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. ON 061014 AT APPROXIMATELY 0300 HOURS, WHILE PATROLLING THE AREA OF BEVERLY HILLS, I OBSERVED THREE MALES, LATER IDENTIFIED AS THE DEFENDANT AND WITNESSES, WALKING IN THE ROADWAY AND ON THE SIDEWALK NORTH BOUND ON NORTH LECANTO HIGHWAY IN THE AREA OF TRUMAN BOULEVARD. I CONDUCTED CONSENSUAL ENCOUNTERS WITH THE SUBJECTS AT WHICH TIME I OBSERVED ALL THREE TO BE EXTREMELY INTOXICATED. THEY ADVISED THEY WERE TRAVELING TO THE WITNESSâ, MR TIMOTHY DEROO, HOUSE AT 60 SOUTH TYLER STREET IN BEVERLY HILLS. I ADVISED THEM TO STAY OUT OF THE ROADWAY AND CONTINUE TO THEIR DESTINATION IN A SAFE MANOR. AT APPROXIMATELY 0312 HOURS, I WAS DISPATCHED TO THE AREA OF SOUTH WASHINGTON STREET AND REGINA BOULEVARD IN REFERENCE TO SEVERAL SUBJECTS WALKING AND POSSIBLY BREAKING THINGS. I TURNED EAST ON REGINA BOULEVARD FROM WASHINGTON STREET AND OBSERVED THE SAME THREE SUBJECTS WALKING EAST BOUND IN THE AREA OF REGINA BOULEVARD AND SOUTH ADAMS STREET. I OBSERVED THE DEFENDANT, MR CODY BEVINGTON, CARRYING A REFLECTIVE ROAD SIGN WHICH IS OWNED BY THE CITRUS COUNTY BOARD OF COUNTY COMMISSIONERS. I EXITED MY PATROL VEHICLE AND INSTRUCTED MR BEVINGTON TO DROP THE SIGN, WHICH I HAD TO TELL HIM TO DO THREE TIMES. I ADVISED HIM TO PUT HIS HANDS BEHIND HIS BACK AT which TIME HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS PERSON. I ADVISED HIM HE WAS BEING DETAINED IN REFERENCE TO A POSSIBLE THEFT OF THE ROAD SIGN. I ESCORTED MR BEVINGTON TO THE FRONT OF MY PATROL VEHICLE AT WHICH TIME I OBSERVED HE HAD A POCKET KNIFE IN HIS FRONT RIGHT POCKET. I ATTEMPTED TO REMOVE THE KNIFE FROM HIS POCKET AT which TIME HE SPUN AROUND AND STATED I WAS NOT GOING TO SEARCH HIM. AT THAT TIME, I TURNED HIM BACK AROUND FACING AWAY FROM ME AND INSTRUCTED HIM NOT TO MOVE HIS BODY FROM MY PATROL VEHICLE. HE THEN STATED âWHAT THE FUCK ARE YOU GOING TO DO ABOUT IT NIGGER?â AT THAT TIME, MR BEVINGTON CONTINUED TO ATTEMPT FACING TOWARDS ME PREVENTING ME FROM GETTING CONTROL OF HIS POCKET KNIFE. I THEN UTILIZED THE LEG SWEEP AND TOOK MR BEVINGTON TO THE GROUND. I THEN REQUESTED AN ADDITIONAL UNIT TO ASSIST. DEPUTY CANFIELD (0464) ARRIVED ON SCENE. MR BEVINGTON CONTINUED TO MAKE STATEMENTS THAT HE WAS NOT GOING TO COOPERATE. DEPUTY CANFIELD AND I ATTEMPTED TO SECURE MR BEVINGTON IN THE REAR OF MY PATROL VEHICLE WHICH HE DID RESIST BY KICKING AWAY FROM THE PATROL VEHICLE. WHILE SECURING MR BEVINGTON IN THE REAR OF MY PATROL VEHICLE, HE ATTEMPTED SEVERAL TIMES TO BITE MYSELF AND DEPUTY CANFIELD. HE WAS EVENTUALLY SECURED IN THE REAR OF MY PATROL VEHICLE USING LEG RESTRAINTS. MR BEVINGTON CONTINUED TO BANG HIS HEAD AGAINST THE CAGE AND WINDOWS OF MY PATROL VEHICLE. AT THAT TIME, I UTILIZED PRESSURE POINTS BELOW THE NECK IN AN ATTEMPT TO PUT ON MR BEVINGTONâS SEATBELT, HOWEVER, HE CONTINUED TO TAKE HIS SEATBELT OFF. WHILE ON SCENE, I DID MAKE CONTACT WITH THE WITNESSES, MR GARRETT JAMNER AND MR TIM DEROO, WHO ADVISED THAT WHILE WALKING ALONG REGINA BOULEVARD, MR BEVINGTON DID REMOVE THE ROAD SIGN FROM ITS NORMAL PLACE IN THE DIRT IN THE AREA OF NORTH LECANTO HIGHWAY AND REGINA BOULEVARD NEAR BOBâS FOOD MART. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, MR BEVINGTON CONTINUED TO MAKE THREATS he was GOING TO BITE MYSELF AND JAIL STAFF. SEVERAL MEMBERS FROM THE CITRUS COUNTY DETENTION FACILITY CAME OUT TO ASSIST IN REMOVING MR BEVINGTON FROM MY PATROL VEHICLE. MR BEVINGTON WAS ABLE TO GET HIS HANDCUFFS UNDERNEATH HIS LEGS AND STATED HE WAS GOING TO âBITE MY FUCKING FACE OFF.â I TOLD MR BEVINGTON SEVERAL TIMES TO TURN HIS BODY AWAY FROM ME AND PUT HIS HANDS BACK BEHIND HIS BACK TO WHICH HE STATED âFUCK YOU.â I THEN SPRAYED MR BEVINGTON WITH MY AGENCY ISSUED PEPPER SPRAY IN THE AREA OF HIS FOREHEAD AND NOSE. MR BEVINGTON IMMEDIATELY BECAME COMPLIANT AND THE CITRUS COUNTY DETENTION FACILITY STAFF WAS ABLE TO ESCORT HIM TO THE BOOKING AREA. MR BEVINGTON WAS CHARGED WITH PETIT THEFT AND RESISTING LAW ENFORCEMENT WITH VIOLENCE. THE DEFENDANTâS BOND WAS SET AT $6,000.00, PER THE BOND SCHEDULE. |
