| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, CHRISTOPHER 0696 (AR11123875) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO WIT: A SINGLE FAMILY RESIDENCE, LOCATED AT 9130 SOUTH PLEASANT GROVE ROAD IN INVERNESS, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MR SALVATORE VIGLIONE AND MS CARYN THOMPSON, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO WIT: TO REMOVE JEWELRY AND THREE FIREARMS, AND BECAME ARMED WITH THREE FIREARMS FROM THE OWNER, IN VIOLATION OF FLORIDA STATE STATUTE 810.02(2)(B). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY HOLLOWAY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO ARREST THE DEFENDANT, MR TRAVIS POWELL, IN REFERENCE TO DETECTIVE CONLEY'S CASE (11110277) AND OFFERING PHYSICAL RESISTANCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. ON 120911, MULTIPLE ATTEMPTS WERE MADE TO LOCATE MR TRAVIS POWELL IN REFERENCE TO DETECTIVE CONLEY'S CASE (11110277) IN REFERENCE TO A BURGLARY. THROUGH AN ANONYMOUS TIP, I WAS ABLE TO LOCATE MR POWELL AT 908 CONSTITUTION WAY IN INVERNESS. THE ANONYMOUS TIP STATED HE HAD JUST ARRIVED SO MYSELF, DEPUTY STRICKLAND (0583), AND DEPUTY WILLIAMS (0714) ARRIVED ON SCENE. THE HOMEOWNER ALLOWED ME TO ENTER THE RESIDENCE TO SEARCH FOR SAID SUSPECT MR POWELL. AFTER I ENTERED THE FRONT DOOR, I WENT TO THE LEFT WHERE A SPARE BEDROOM WAS LOCATED. I ANNOUNCED MYSELF AS "SHERIFF'S OFFICE" AND INFORMED MR POWELL TO COME OUT. HE THEN STEPPED OUT OF THE SPARE BEDROOM. I TOLD HIM TO STOP. HE THEN ATTEMPTED TO RUN THROUGH THE DOOR ADJACENT TO THE SPARE BEDROOM. I DREW MY TASER AND WARNED HIM TO STOP OR HE WOULD BE TASED. AS I CHASED HIM THROUGH THAT DOOR HE ATTEMPTED TO EXIT THROUGH ANOTHER DOOR. I AGAIN ORDERED HIM ONE MORE TIME TO STOP OR HE WOULD BE TASED. HE IMMEDIATELY BEGAN TO TURN AROUND TO EXIT. I DEPLOYED MY TASER FOR THE FIVE SECOND DURATION AIMING MID-TORSO WITH BOTH PROBES STRIKING HIM IN THE UPPER ARM. DURING THE DURATION, HE ATTEMPTED TO REMOVE THE PROBES. I THEN DRIVE STUNNED HIM IN THE LEG DUE TO HIS STILL RESISTING IN ORDER TO MAKE THE TASER MORE EFFECTIVE. AT THAT POINT, DEPUTY STRICKLAND AND I DETAINED HIM. HE WAS EXTREMELY PHYSICALLY COMBATIVE. WE WERE ABLE TO HANDCUFF HIM BEHIND HIS BACK AND ESCORT HIM OUTSIDE AS HE WAS KICKING AND FIGHTING. WE THEN HAD TO PHYSICALLY CONTROL HIM OUTSIDE AS IT WAS APPARENT HE WAS ATTEMPTING TO RUN. HE WAS THEN ESCORTED TO THE VEHICLE WHERE HE AGAIN PHYSICALLY ATTEMPTED TO NOT GET IN THE VEHICLE, AT WHICH POINT, HE WAS DRIVE STUNNED UNTIL HE BECAME COMPLIANT AND THEN ENTERED THE VEHICLE. DETECTIVE CONLEY WAS NOTIFIED THAT WE HAD DETAINED DEFENDANT POWELL. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE DETECTIVE CLARK AND I INTERVIEWED HIM. DEFENDANT POWELL WAS DIGITALLY RECORDED AND POST MIRANDA CONFESSED TO ENTERING THE RESIDENCE AT 9130 PLEASANT GROVE ROAD THROUGH THE BACK DOOR AND OBTAINING JEWELRY THAT WAS ON A DRESSER AND THREE FIREARMS THAT WERE IN A CLOSET. THESE STATEMENTS THAT DEFENDANT POWELL MADE COINCIDED WITH WITNESS STATEMENTS THAT WERE IN THE REPORT. THE DEFENDANT STATED THAT MR JOSH CLAYBORN, THE OTHER SUSPECT, GAVE HIM A RIDE THERE IN A GREEN GEO TRACKER AND ALSO PICKED HIM BACK UP AFTER HE HAD BURGLARIZED THE RESIDENCE. THEY THEN TOOK THE MERCHANDISE THAT HE HAD TAKEN TO HIS BROTHER'S RESIDENCE, MR CORY CLAYBORN, WHO LIVES ON GLORIA DRIVE IN HERNANDO. THE DEFENDANT'S BOND WAS SET AT $25,000.00 FOR THE BURGLARY BECOMING ARMED PER THE BOND SCHEDULE AND $500.00 FOR RESISTING A LAW ENFORCEMENT OFFICER WITH VIOLENCE. THE TASER CARTRIDGE (SERIAL NUMBER H06-381-336) AND THE PROBES WERE TURNED IN TO EVIDENCE. SERGEANT LANE WAS NOTIFIED DUE TO USE OF FORCE. HE RESPONDED AND WAS BRIEFED ON CIRCUMSTANCES. THE DEFENDANT WAS THEN BOOKED AND PROCESSED AT THE DETENTION FACILITY AND HIS BOND WAS SET PER SCHEDULE. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
