| Probable cause affidavit: |
SUBMITTED By: SUNDBERG, KURT 1268 (AR 16-18757) did knowingly, actually and intentionally touch or strike DEPUTY SUNDBERG AND DEPUTY BARR, LAW ENFORCEMENT OFFICERS, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute 784.07(2); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY SUNDBERG AND DEPUTY BARR, WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: ATTEMPTING TO DETAIN THE DEFENDANT WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02; AND DID KNOWINGLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE FIVE CORRECTIONS OFFICERS FROM THE CITRUS COUNTY DETENTION FACILITY, TO WIT: STRIKING BY KICKING AND THRASHING HIS BODY, AGAINST THE WILL OF THE PERSON WHILE KNOWING THAT THE SAID CORRECTION'S OFFICER WAS ENGAGED IN THE LAWFUL PERFORMANCE OF HIS LEGAL DUTIES, IN VIOLATION OF FLORIDA STATE STATUTE 784.075. ON 032216, AT APPROXIMATELY 1200 HOURS, I WAS DISPATCHED TO WEST PONCE DE LEON BOULEVARD AND GREENPARK BOULEVARD, HOMOSASSA, IN REFERENCE TO A DISTURBANCE. WHILE I WAS EN-ROUTE I WAS ADVISED BY DISPATCH THAT THERE WAS A WHITE MALE ON SCENE ACTING ERRATICALLY. I WAS ADVISED THE MALE WAS TALKING ABOUT THE DEVIL AND KILLING PEOPLE. I WAS ADVISED IT APPEARED THE MALE WAS ââON SOMETHING.ââ THEY ADVISED THE SUBJECT WAS DANCING IN THE STREET, TAKING HIS CLOTHES OFF, AND WAS CURRENTLY ONLY WEARING LONG JOHN PANTS AND UNDERWEAR. THEY ADVISED HE WAS "SNATCHING" THINGS IN THE BACK OF THE COMPLAINANTâS TRUCK AND ALSO WAS PUNCHING THE HOOD OF THE COMPLAINANTâS TRUCK WITH BOTH HANDS. I WAS ALSO ADVISED BY THE OPERATOR THAT THE COMPLAINANT STATED THE MALE SUBJECT WAS CHASING THE COMPLAINANT AROUND HIS VEHICLE. THE OPERATOR ADVISED SHE COULD HEAR A MALE YELLING IN THE BACKGROUND. UPON ARRIVAL I MADE CONTACT WITH THE THREE WITNESSES, MR PAUL CASTAGNA, MR BRIAN KEFAUVER, AND MS LORAINE CASTAGNA, AND THE DEFENDANT, MR JESSE KYSETH. DEPUTY WHITTON AND DEPUTY BARR WERE ALSO ON SCENE. I OBSERVED THE DEFENDANT TO ONLY BE WEARING LONG JOHN PANTS AND UNDERWEAR. I ASKED THE DEFENDANT IF HE WAS OKAY (I OBSERVED THE DEFENDANT TO BE STANDING IN AN AGGRESSIVE MANNER). HE ADVISED HE WAS HAVING A BAD DAY. I OBSERVED WHAT APPEARED TO BE SMUDGE MARKS AND A SLIGHT DENT IN THE HOOD OF MR CASTAGNAâS VEHICLE. WHILE SPEAKING WITH THE DEFENDANT, IT WAS HARD TO GATHER INFORMATION FROM HIM AS IT APPEARED THE DEFENDANT WAS IN AN ALTERED MENTAL STATUS. THE DEFENDANT WAS STANDING RIGHT NEXT TO MR CASTAGANA AND IT APPEARED AS MR CASTAGANA WAS IN FEAR OF HIM AND UNCOMFORTABLE WITH HIM BEING THERE. THE DEFENDANT WAS NOT MAKING COMPLETE SENTENCES. I ASKED HIM HIS NAME, TO WHICH HE WAS UNABLE TO ADVISE ME AT THE TIME. AT THAT TIME, I ASKED THE DEFENDANT TO TURN AROUND TO WHICH HE COMPLIED. THE DEFENDANT WAS DETAINED IN HANDCUFFS (DOUBLE-LOCKED) BEHIND HIS BACK. THE DEFENDANT WAS ADVISED HE WAS ONLY BEING DETAINED THAT HE WAS NOT UNDER ARREST. UPON PLACING THE HANDCUFFS ON THE DEFENDANT, HE BEGAN TO FIGHT AND TRIED TO RESIST MYSELF AND DEPUTY BARR BY PULLING AWAY AND ATTEMPTING TO ELUDE US. HE WAS ESCORTED TO MY PATROL VEHICLE WHILE HE WAS STILL ACTIVELY RESISTING US. UPON GETTING TO MY PATROL VEHICLE I OPENED THE REAR DOOR AND ATTEMPTED TO GET THE DEFENDANT TO SIT DOWN. UPON TRYING TO GET HIM TO SIT DOWN, THE DEFENDANT BEGAN KICKING AT THE CAR TRYING TO GET AWAY FROM IT AND KICKING AT MYSELF AND DEPUTY BARR. THE DEFENDANT WAS THEN PLACED ON THE GROUND. WHILE ON THE GROUND THE DEFENDANT CONTINUED TO KICK AT DEPUTY BARR, DEPUTY WHITTON, AND I. THE DEFENDANT WAS PLACED ON HIS FEET AND ANOTHER ATTEMPT WAS MADE TO SIT THE DEFENDANT IN MY VEHICLE. THE DEFENDANT BEGAN KICKING AGAIN, STRIKING THIS DEPUTY MULTIPLE TIMES WITH HIS FEET. I INSTRUCTED DEPUTY BARR TO GO TO THE OTHER SIDE OF MY VEHICLE AND ASSIST IN PULLING THE DEFENDANT THROUGH THE VEHICLE IN ORDER TO SECURE HIM. THIS WAS MET WITH NEGATIVE RESULTS AS THE DEFENDANT CONTINUED TO THRASH HIMSELF ABOUT AND KICK AT MYSELF. I WITHDREW MY AGENCY ISSUED TASER, TAKING THE CARTRIDGE OFF, AND ATTEMPTED TO DRIVE STUN THE DEFENDANT WHILE HE WAS IN THE DOORWAY OF THE VEHICLE REFUSING TO SIT DOWN. WHILE DRIVE STUNNING THE DEFENDANT, HE BEGAN PUSHING AND KICKING THE TASER AWAY. I ATTEMPTED TO DRIVE STUN HIM AGAIN IN THE UPPER THIGH AREA, AT WHICH TIME, HE KICKED THIS DEPUTY IN MY CHEST AREA WHERE I WAS HOLING MY TASER. HE KICKED THIS DEPUTY IN THE FACE AREA WHERE HE STRUCK ME WITH THE BOTTOM OF HIS BOOT ON MY NOSE. AT THAT TIME, THE DEFENDANT LOST HIS BALANCE AND DEPUTY BAR WAS ABLE TO PULL THE DEFENDANT IN THE VEHICLE. UPON DOING SO THE DEFENDANT ATTEMPTED TO STRIKE DEPUTY BARR WITH HIS HEAD. DEPUTY BARR WAS ABLE TO MOVE AND EVADE GETTING STRUCK IN THE FACE, BUT THE DEFENDANT STILL STRUCK HIM IN THE CHEST AREA. DEPUTY BARR PULLED THE DEFENDANT THROUGH AND WE WERE ABLE TO SECURE THE DEFENDANT WITH THE SEAT BELT WHILE THE DEFENDANT CONTINUED TO KICK AT THIS DEPUTY. WE WERE ABLE TO GET THE DEFENDANTâS FEET IN THE VEHICLE AND I CLOSED THE DOOR IN ORDER TO CONTAIN THE DEFENDANT. WHILE THE DEFENDANT WAS LOCKED IN THE REAR OF PATROL VEHICLE HE BEGAN KICKING AT THE DOORS IN AN ATTEMPT TO BREAK THEM OPEN. THE DEFENDANT ALSO BEGAN TO SLAM HIS HEAD AGAINST THE PARTITION BETWEEN THE FRONT AND BACK SEAT. CONTACT WAS MADE WITH WITNESS, MS CASTAGNA. SHE COMPLETED A SWORN WRITTEN statement. SHE ADVISED SHE AND MR CASTAGNA HAD STARTED MOWING WHEN MR KEFAUVER DROPPED OFF A WHITE MALE TO HELP THEM WORK. A SHORT TIME LATER, THE MALE BEGAN FIGHTING MR CASTAGNA. SHE ADVISED the DEFENDANT BEGAN JUMPING IN AND OUT OF the TRUCK AND WOULD NOT LEAVE THE TRUCK. SHE ADVISED THEY WATCHED HIM TAKE OFF ALL his CLOTHES AND RUN AROUND THE STREET. UPON LAW ENFORCEMENT ARRIVAL SHE ADVISED THEY STRUGGLED WITH the DEFENDANT FOR APPROXIMATELY 20 MINUTES WHILE THE DEFENDANT FOUGHT WITH THREE DEPUTIES. MR CASTAGNA ADVISED THAT MR KEFAUVER HAD DROPPED OFF the DEFENDANT TO HELP WORK. HE ADVISED THAT UPON THEM CONTINUING TO WORK THE DEFENDANT BEGAN FIGHTING WITH HIM AND BEGAN BREAKING THINGS INSIDE THE VEHICLE. HE ADVISED THE DEFENDANT PUNCHED the HOOD OF HIS VEHICLE WITH BOTH HANDS. MR CASTAGNA ADVISED THE DEFENDANT CHASED HIM AROUND HIS VEHICLE UNTIL DEPUTIES ARRIVED. CONTACT WAS made WITH MR KEFAUVER. HE ADVISED HE HAD PICKED UP THE DEFENDANT FROM MCDONALDâS AND OFFERED HIM SOME WORK. HE ADVISED HE DROPPED HIM OFF TO WORK WITH MR CASTAGNA. HE ADVISED HE THEN LEFT AND CAME BACK. CONTACT WAS MADE WITH the DEFENDANT AGAIN. HE WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR BATTERY ON LAW ENFORCEMENT OFFICER AND RESISTING WITH VIOLENCE. THE DEFENDANT WAS TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE TRANSPORTING THE DEFENDANT HE CONTINUED TO YELL AND SCREAM, HIT HIS HEAD, AND KICK THE DOORS AND BACK SEAT. I OBSERVED THE DEFENDANT TO PULL HIS BOOTS OFF AND ATTEMPT TO SLIDE HIS HANDS TO THE FRONT OF HIS BODY, WHICH HE SUCCESSFULLY DID. WHILE EN-ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT TOOK OFF ALL OF HIS CLOTHING TO INCLUDE HIS BOOTS, SOCKS, UNDERWEAR, AND LONG JOHNS. THE DEFENDANT KEPT ADVISING HE WAS HOT. UPON ARRIVAL AT the CITRUS COUNTY DETENTION FACILITY, IT TOOK MULTIPLE DETENTION OFFICERS TO REMOVE THE DEFENDANT FROM MY VEHICLE. A DETENTION OFFICER PUT PANTS ON THE DEFENDANT AND WALKED HIM TO A HOLDING CELL. the DEFENDANT BEGAN TO FIGHT SEVERAL DETENTION OFFICERS. MYSELF, AND DEPUTY BARR THEN ASSISTED THE DETENTION OFFICERS WITH RESTRAINING THE DEFENDANT. THE DEFENDANT CONTINUED TO STRIKE AND KICK ALL SEVEN OF US AS WE ATTEMPTED TO PLACE HIM IN A HOLDING CELL. A DETENTION OFFICER DEPLOYED OC SPRAY ON THE DEFENDANT WHICH APPEARED TO HAVE NO EFFECT ON HIM. WE WERE FINALLY ABLE TO GET the DEFENDANT IN A HOLDING CELL, STILL HANDCUFFED. DETENTION OFFICERS WERE ABLE TO PLACE LEG RESTRAINTS ON the DEFENDANT. the INCIDENT AT THE CITRUS COUNTY DETENTION FACILITY WAS VIDEOTAPED BY DETENTION STAFF PER STANDARD OPERATING PROCEDURES. A COPY OF THE VIDEO WILL BE TURNED IN TO EVIDENCE WHEN AVAILABLE. (CITRUS COUNTY DETENTION FACILITY CASE NUMBER 2016-0406-056-2) DEPUTY BARR SUSTAINED AN INJURY TO HIS FINGER WHILE ASSISTING DETENTION OFFICERS DETAIN the DEFENDANT. SEE DEPUTY WHITTON AND DEPUTY BARRâS SUPPLEMENT. THE DEFENDANT WAS CHARGED WITH TWO COUNTS OF BATTERY ON LAW ENFORCEMENT OFFICER WITH A BOND OF $5,000.00 PER COUNT FOR A TOTAL OF $10,000.00; ONE COUNT OF RESISTING WITH VIOLENCE WITH A BOND OF $5,000.00; AND FIVE COUNTS OF BATTERY ON DETENTION FACILITY STAFF WITH A BOND OF $2,000.00 PER COUNT FOR A TOTAL BOND OF $10,000.00. THE DEFENDANTâS TOTAL BOND WAS SET AT $25,000.00, PER THE BOND SCHEDULE. |
