| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR10117330) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, DEPUTY COX AND DEPUTY S SMITH, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: A VEHICLE, WITHOUT THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.07(1)(C). DID OPERATE A VEHICLE IN THE STATE OF FLORIDA AND, HAVING KNOWLEDGE THAT HE 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(3)(A). DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY S SMITH AND DEPUTY COX, WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: RUNNING AWAY ON FOOT AFTER BEING ORDERED TO STOP, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 101210 AT APPROXIMATELY 1030 HOURS, DEPUTY S SMITH AND I WERE TRAVELING WEST BOUND ON YULEE DRIVE. DEPUTY SMITH WAS IN THE LEAD, I WAS FOLLOWING APPROXIMATELY 200 YARDS BEHIND. I SAW DEPUTY SMITH HEAVILY APPLY THE BRAKES AS A GREEN NISSAN PICKUP TRUCK WAS TRAVELING EAST BOUND. I IMMEDIATELY STARTED TO TURN AROUND. DEPUTY SMITH ADVISED ME MR MICHAEL ALLEN JR WAS DRIVING. I ALSO RECOGNIZED HIM AS HE DROVE PAST. THE RIGHT TAIL LIGHT LENS WAS COVERED WITH AN OPAQUE COLORED TAPE. AS I TURNED AROUND THE DRIVER, IDENTIFIED AS MR MICHAEL ALLEN JR, ACCELERATED TO A VERY HIGH RATE OF SPEED. I PACE CLOCKED HIM ON YULEE DRIVE TRAVELING 85 MILES PER HOUR (MPH) IN A 35 MPH ZONE. I ACTIVATED MY BLUE LIGHTS AND SIREN. MR MICHAEL ALLEN JR RAN THE RED LIGHT AT YULEE DRIVE AND HIGHWAY 19 MAKING A RIGHT HAND TURN ON RED WITHOUT STOPPING, SOUTH BOUND ONTO HIGHWAY 19. HE ACCELERATED TO A VERY HIGH RATE OF SPEED. I PACE CLOCKED HIM AT 100 MPH IN A 55 MPH ZONE. I CAUGHT UP TO THE VEHICLE IN THE AREA OF HIGHWAY 19 AND MCKINLEY. I WAS ABLE TO PROVIDE DISPATCH WITH THE TAG NUMBER OF THE VEHICLE. MR MICHAEL ALLEN JR MADE A LEFT HAND TURN ON MCKINLEY, TRAVELED TO THE FIRST LEFT HAND HARD CURVE IN THE ROAD, LOST CONTROL OF THE VEHICLE, AND SLID UP INTO THE WOOD LINE. AS I ATTEMPTED TO PULL TOWARD THE FRONT OF HIS VEHICLE TO EFFECT A STOP, HE IMMEDIATELY AIMED HIS VEHICLE AT MINE, ATTEMPTED TO DRASTICALLY ACCELERATE THROWING GRASS AND DIRT APPROXIMATELY 30 FEET BEHIND THE VEHICLE. I IMMEDIATELY PLACED MY VEHICLE IN REVERSE AND BACKED UP TO AVOID A COLLISION. AS WE PROCEEDED BACK WEST BOUND ON MCKINLEY, DEPUTY SMITH HAD HIS BLUE LIGHTS AND SIREN ACTIVATED AND WAS STOPPED IN THE ROADWAY. MR MICHAEL ALLEN JR AIMED HIS VEHICLE DIRECTLY AT DEPUTY SMITH AND AT THE LAST SECOND TURNED HARD TO THE LEFT, SLIDE AROUND DEPUTY SMITH ON THE GRASS, AND THEN BACK UP ON THE ROAD. DEPUTY SMITH WAS IN FEAR THAT MR MICHAEL ALLEN JR WAS GOING TO RAM HIM IN A HEAD-ON COLLISION. MR MICHAEL ALLEN JR PULLED BACK UP ON HIGHWAY 19, PROCEEDED NORTH BOUND AT A HIGH RATE OF SPEED, TURNED LEFT ON BRADSHAW, RAN THE STOP SIGN AT YULEE AND BRADSHAW AT A HIGH RATE OF SPEED. I INFORMED MR MICHAEL ALLEN JR OVER THE PUBLIC ADDRESS SYSTEM SEVERAL TIMES WE KNEW WHO HE WAS, THAT HE NEEDED TO STOP, AND DURING THE ENTIRE CHASE CHANGED THE AUDIBLE TONE OF MY SIREN SEVERAL TIMES. HE SLOWED DOWN TO 60 MPH ON YULEE THROUGH THE VERY CURVY STRETCH OF THE ROAD, MADE A LEFT HAND TURN ON TO ROCKY, MADE A RIGHT HAND TURN ONTO THE DIRT ROAD WHICH IS AN EXTENSION OF ELM STREET, LOOSING CONTROL OF THE VEHICLE A SECOND TIME. HE PROCEEDED DOWN THE DIRT PORTION EXTENSION OF ELM STREET IMPACTING POT HOLES SO HARD ITEMS WERE FLYING OUT OF THE BACK OF THE PICKUP TRUCK. HE PULLED ONTO THE PAVED PORTION OF ELM STREET HEADING SOUTH BOUND, TURNED RIGHT ONTO MAIN STREET, PROCEEDED TO CHAMBERLAIN POOL, TURNING LEFT CUTTING THROUGH A VACANT LOT, ONTO OLIVER, RAN THE STOP SIGN AT OLIVER AND MAGNOLIA, RAN THE STOP SIGN AT DIVISION AND OLIVER, PROCEEDED DOWN DIVISION, CUT ACROSS A SECOND VACANT FIELD, TURNING SOUTH BOUND ON MASON CREEK, TOOK A RIGHT ON THE BOULEVARD, PROCEEDED ALL THE WAY DOWN BOULEVARD BACK TOWARD CHEROKEE, RAN THE STOP SIGN AT CHEROKEE, INTO RIVERSIDE RESORT, ALMOST STRIKING AN EMPLOYEE OF THE RESORT IN THE PARKING LOT, CUT BEHIND THE COVERED BOAT STORAGE, BAILED OUT OF THE VEHICLE. THE VEHICLE CRASHED INTO THE TREES AND HALF WAY INTO THE CANAL. HE DOVE INTO THE CANAL AND WAS SWIMMING TO THE OTHER SIDE AND I WAS ORDERING HIM TO STOP. A SHORT WHILE LATER DEPUTY SMITH ENCOUNTERED HIM SWIMMING A SECOND CANAL. HE SWAM NORTHERLY DOWN THE CANAL TOWARD THE MAIN RIVER. AN EMPLOYEE OF THE RESORT GAVE ME A RIDE IN ONE OF THEIR VESSELS. DEPUTY SMITH DIRECTED ME TO WHERE HE HAD SWUM BACK TO SHORE. I SAW HIM LYING ON THE SHORE LINE WITH HIS HANDS STICKING OUT OF THE WATER EXHAUSTED AND COULD NOT MOVE. I TOOK HIM INTO CUSTODY WITHOUT INCIDENT HANDCUFFING (DOUBLE LOCKED). DEPUTY SMITH AND DETECTIVE D STRICKLAND ARRIVED ON SCENE AS HE WAS BEING PLACED IN HANDCUFFS. WE TRANSPORTED HIM BACK TO THE CRASH SCENE. THE VEHICLE WAS TOWED. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE ENTIRE PURSUIT WAS CAPTURED ON MY IN-CAR CAMERA. A COPY WILL BE TURNED IN TO EVIDENCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
