| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (15-58386) (AR15-14843) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: THE DEFENDANT DID LIFT THE FRONT OF HIS SHIRT EXPOSING A BLACK SEMI-AUTOMATIC PISTOL WITH THE APPARENT ABILITY TO USE IT PLACING THE VICTIM'S IN FEAR FOR THEIR LIFE, 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 784.021(1)(A). ON 050415, AT APPROXIMATELY 1743 HOURS, I RESPONDED TO THE SHOPPING PLAZA LOCATED AT 204 SE HIGHWAY 19, IN CRYSTAL RIVER, IN REFERENCE TO A ROAD RAGE INCIDENT. UPON ARRIVAL, I MADE CONTACT WITH VICTIM ONE, MR RANDY HART, WHO WAS DRIVING A GOLD CHEVROLET PICKUP. HE STATED TO ME THAT HE WAS PULLING INTO SAID PARKING LOT FROM KINGS BAY DRIVE FOLLOWING A GREY JEEP WRANGLER. HE STATED THE JEEP WRANGLER TURNED RIGHT TO THE OPEN AREA OF THE PARKING LOT, SPED UP MAKING A HARD LEFT IN FRONT OF HIM CAUSING HIM TO HIT THE BRAKES. AS THE VICTIM DROVE PAST THE PARKED JEEP, THE DEFENDANT, MR WESLEY DERRY, EXITED HIS JEEP, LIFTED THE FRONT OF HIS SHIRT TOWARDS THE VICTIM IN THEIR VEHICLE SO THE VICTIM COULD SEE THROUGH HIS MIRROR THAT THE DEFENDANT HAD AN ALL BLACK SEMIAUTOMATIC PISTOL IN HIS FRONT WAISTBAND. HE IMMEDIATELY TOLD HIS WIFE IN THE PASSENGER SEAT THAT HE SAW A GUN ON THE DEFENDANT. HE THEN YELLED AT THE DEFENDANT THAT HE WAS CALLING THE COPS. THE DEFENDANT RETURNED TO HIS VEHICLE AND BEGAN CHASING THE VICTIM THROUGH THE PARKING LOT IN THEIR VEHICLE. THE DEFENDANT THEN CAUGHT UP WITH THE VICTIM'S, EXITED HIS VEHICLE, RAN TO THE PASSENGER'S SIDE OF THE TRUCK AND BEGAN TALKING TO VICTIM TWO, MS TAMARA HART. THE DEFENDANT HAD HIS HANDS BEHIND HIS BACK, DENIED EVER HAVING A GUN AND STATED HIS NAME TO BOTH VICTIMS. THE DEFENDANT ALSO STATED TO THEM THAT THEY WILL KNOW WHO HE IS, INSINUATING THAT HE WAS A KNOWN PERSON. MR HART COMPLETED A SWORN WRITTEN STATEMENT. I SPOKE WITH VICTIM TWO, MS TAMARA HART, WHO ADVISED THAT SHE DID NOT SEE THE GUN, ONLY HEARD HER HUSBAND SAY THAT HE HAD A GUN AND THE DEFENDANT THEN BEGAN CHASING THEM THROUGH THE PARKING LOT. MS HART STATED THEY WERE FORCED TO STOP DUE TO THE POSITION OF THE DEFENDANT'S VEHICLE. THE DEFENDANT APPROACHED HER SIDE OF THEIR VEHICLE AS IF HE HAD SOMETHING BEHIND HIS BACK. SHE WAS TAKING PICTURES OF HIM ON HER CELLULAR TELEPHONE WHILE CROUCHING DOWN FEARING HE WAS GOING TO SHOOT THEM. SHE TOLD HER HUSBAND TO FLOOR THEIR VEHICLE. THE DEFENDANT GOT BACK INTO HIS JEEP AND CONTINUED TO DRIVE RECKLESSLY AROUND THEM WHILE THEY WERE ON THE TELEPHONE WITH LAW ENFORCEMENT. MS HART COMPLETED A SWORN WRITTEN STATEMENT. IT WAS EXPRESSED BY BOTH VICTIMS THAT THEY WERE IN FEAR THE DEFENDANT WAS GOING TO FIRE THE WEAPON AT THEM DUE TO HIS ACTIONS AND HIS STATEMENTS. DURING THIS TIME, THE DEFENDANT RE-ENTERED THE PARKING LOT WHILE I WAS SPEAKING WITH THE VICTIM'S AND PARKED AT LITTLE CAESAR'S PIZZA. I ENTERED MY PATROL VEHICLE AND PROCEEDED TO THE DEFENDANT'S LOCATION WHICH HE NOTICED AND BEGAN TO BACK OUT. HE QUICKLY ACCELERATED BEHIND THE BUILDING. AS I CAME AROUND THE BUILDING THE DEFENDANT WAS OUT OF HIS VEHICLE THROWING SOMETHING INTO THE WOODS. I CONDUCTED A PAT DOWN SEARCH OF THE DEFENDANT TO ENSURE NO WEAPONS ON HIM AND CALLED FOR BACK UP. DEPUTY CRIDLAND ARRIVED ON SCENE AND I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. I ASKED HIM WHAT HE HAD THROWN IN THE WOODS, TO WHICH HE SAID I SCARED THE CRAP OUT OF HIM AND HE THREW A 6-PACK INTO THE WOODS. AT THIS TIME I DETECTED THE ODOR OF ALCOHOL EMITTING FROM HIS PERSON. DEPUTY CRIDLAND LOCATED THE BEER, CONFIRMING HIS STORY. I ASKED THE DEFENDANT IF HE HAD A WEAPON, TO WHICH HE SAID YES IN THE CENTER CONSOLE OF HIS VEHICLE. HE THEN GAVE US PERMISSION TO SEARCH HIS SILVER JEEP WRANGLER. DEPUTY CRIDLAND DID LOCATE A BLACK SEMIAUTOMATIC RUGER LC9S PISTOL IN THE CENTER CONSOLE. I ASKED THE DEFENDANT IF HE HAD BEEN IN AN ALTERCATION, TO WHICH HE STATED YES AND HE BELIEVES HE MAY HAVE CUT SOMEONE OFF. I EXPRESSED TO HIM THAT THE VICTIMS HAD TOLD ME THAT HE HAD PULLED UP THE FRONT OF HIS SHIRT SHOWING A FIREARM THAT MATCHED THE DESCRIPTION OF THE FIREARM IN HIS VEHICLE. HE STATED WHEN HE GOT OUT OF HIS JEEP DURING THE FIRST PART OF THE INCIDENT, HE DID HAVE THE FIREARM ON HIS PERSON IN HIS FRONT WAISTBAND AREA, HOWEVER, HE DID NOT PULL HIS SHIRT UP, BUT HIS SHIRT MAY HAVE COME UP BY ACCIDENT. HE THEN PROCEEDED BACK TO HIS JEEP, PUT HIS GUN THE CENTER CONSOLE, CHASED THE SUBJECTS AND ATTEMPTED TO APOLOGIZE FOR CUTTING THEM OFF. I ENTERED LITTLE CAESAR'S PIZZA AND ASKED IF ANYONE HAD SEEN THE ALTERCATION AS IT WAS DIRECTLY IN FRONT OF THEIR BUILDING, HOWEVER NO ONE WAS IN THE FRONT OF THE STORE AT THAT TIME AND THEY HAVE NO SECURITY VIDEO THAT COVERS THAT PART OF THE PARKING AREA. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE. THE FIREARM WAS PLACED INTO EVIDENCE BY DEPUTY CRIDLAND. I ALLOWED THE DEFENDANT TO RELEASE HIS VEHICLE TO HIS WIFE, WHO HAD ARRIVED ON SCENE. THE DEFENDANT WAS TRANSPORTED OT THE CITRUS COUNTY DETENTION FACILITY AND CHARGED WITH ONE COUNT OF AGGRAVATED ASSAULT WITH A THE BOND SET AT $2,000.00, PER THE BOND SCHEDULE. |
