7th. Judicial Circuit 707 Charging Affidavit - Volusia Arrest # Bk #

Transcription

1 7th. Judicial Circuit 707 Charging - Volusia # Bk # ARREST NOTICE TO APPEAR AIDAVIT C.C. ADULT JUVENILE Number: Agency (ORI) L: L Name DAYTONA BEACH POLICE DEPARTENT Number: CIC/NCIC Check? OBTS # U.C.R: Date Time of ed: : 0242 ADDRESS O ARREST (Street, City, State, Zip): ed: ID 1801 W INTL SPEEDWAY BLVD DAYTONA BEACH L By: Lima,ichael Number: DEENDANT NAE A.K.A.: Sex: Race: KINNEY ABBIE CCONNEL W DOB: Age: Driver's Lic./ State: Year S.S.# ID.: L Expires: 2020 Height: Weight: Hair: Eyes: P.O.B. 5' 03'' 140 BLD BLU (City, State, Country): OBILE AL Scars, arks, Business & Citizenship: Tattoos: RTAT L AR SLEEVE Occupation: Probation: Sexual Predator: English: Deaf/ute: - ailing/permanent (STREET, APT. NUBER) (CITY) (STATE) ZIP CODE RESIDENCE PHONE 10 DANUBE RIVER DR COCOA BEACH L Local (STREET, APT. NUBER) (CITY) (STATE) ZIP CODE RESIDENCE PHONE Pg # 1 of 7 - Other (Employer/School) (STREET, APT. NUBER) (CITY) (STATE) ZIP CODE BUS/SCHOOL PHONE #1 #2 #3 #1 CHARGES CO-DEENDANT NAE VIOLENCE? Attachments: (s)? Statement(s) NTA Schedule Report Traffic Infraction(s) EL ISD ORD S/ORD: Citation.: Bond: DUI Alcohol or Drugs XD 500 EL ISD ORD S/ORD: Citation.: Bond: DUI with Damage Prsn./Prop (3)(C) XD 500 EL ISD ORD S/ORD: Citation.: Bond: DUI with Damage Prsn./Prop (3)(C) XD 500 Charges: Co-Def #1. ed? Y N el. isd. Traf. Ord. NTA Co-Def #2. ed? Y N el. isd. Traf. Ord. NTA Race: Sex: DOB: Age: DUI 10 #2 NAE Race: Sex: DOB: Age: NARRATIVE The undersigned certifies and swears that there is probable cause to believe the above-named defendant, on the 05 day of arch, 2016, at approximately 0218 a.m. p.m. at 1801 W INTL SPEEDWAY DAYTONA BEACH within Volusia County, violated the law and did then and there: 1 WAS IN ACTUAL PHYSICAL CONTROL O A OTOR VEHICLE BEARING L TAG #DYSS31 CAUSING PROPERTY DAAGE AND INJURIES 2 TO PERSONS. 3 4 On the aforementioned date and time, I responded to the Daytona International Speedway (DIS) located at 1801 W. Intl. Speedway Blvd in reference 5 to a motor vehicle crash with injuries. The crash occurred on Lake Lloyd Road inside the infield of the racetrack. Upon arrival, I made contact with the 6 defendant, Abbie Kinney (D-1). I observed the defendant inside the vehicle of a black in color Toyota pickup bearing lorida Tag #DYSS31 and 7 detected a strong odor of alcohol emitting from her breath. our witnesses stated they watched the defendant crash her vehicle into four persons and 8 six motor homes and vehicles (refer to witness statements). Officer orrest and Officer Rinninger completed a crash investigation which revealed the 9 defendant as the at fault driver (see crash report for further details) After the crash investigation was completed, I then read the defendant her iranda rights via my department issued iranda rights card in regards to 12 a criminal investigation for the suspicion of driving under the influence. The defendant chose to waive her rights and wanted to speak with me. I 13 asked the defendant what happened. The defendant stated to me "I shouldn't have been driving." When I asked the defendant why she shouldn't 14 have been driving, she stated that she had been drinking. When I asked her how much she had to drink, she stated she had 3 beers. After this, I 15 asked the defendant if she would be willing to submit to a series of field sobriety exercises. The defendant agreed and stated she would partake in NOTICE TO APPEAR INE, AND COSTS AOUNT: I AGREE TO APPEAR IN COURT HEREIN TO ANSWER THE OENSE CHARGED OR TO PAY THE INE INDICATED, I UNDERSTAND THAT SHOULD I WILLULLY AIL TO APPEAR BEORE THE COURT AS REQUIRED, OR PAY THE LISTED INE, I AY BE HELD IN CONTEPT O COURT AND A WARRANT OR Y ARREST WILL BE ISSUED. SIGNATURE O DEENDANT ANDATORY APPEARANCE YOU NEED NOT APPEAR IN COURT BUT UST COPLY WITH INSTRUCTIONS ON THE REVERSE SIDE O YOUR COPY Date SIGNATURE O JUVENILE PARENT OR CUSTODIAN RELATIONSHIP TO JUVENILE JUVE DISP. CITATION. this 05 day of arch 2016 Rt Thumb tary Public Law Enforcement or Corrections Officer LIA,ICHAEL NAE (PRINTED) OICER'S/COPLAINANT'S SIGNATURE ID NUBER OICIAL USE ONLY Inmate Number & acility:

2 Narrative Supplement 707-B tice to Appear Juvenile Number: Page # 3 of 7 KINNEY ABBIE CCONNELL Number: CHARGES VIOLENCE? Attachments: (s)? Statement(s) NTA Schedule Report Traffic Infraction(s) Charges: 10 EL ISD ORD S/ORD: Citation.: Bond: # 4 DUI with Damage Prsn./Prop (3)(C) XD 500 EL ISD ORD S/ORD: Citation.: Bond: # 5 DUI with Damage Prsn./Prop (3)(C) XD 500 EL ISD ORD S/ORD: Citation.: Bond: # 6 DUI with Damage Prsn./Prop (3)(C) XD the exercise The field sobriety exercises were conducted in between two motor homes, on a flat and level surface. There was a crack in the asphalt which served 19 as the line for the walk and turn exercise. This crack was approximately 2 inches wide, and 8 feet long. The defendant acknowledge the presence of 20 the crack and could clearly see it marked. The strobe lights from nearby emergency vehicles were shut off prior to starting the exercises in order to 21 provide the defendant with the best possible lighting and to minimize any distractions. 22 When speaking to the defendant, the instructions had to be repeated before the defendant would respond. The defendant was also observed to have 23 bloodshot eyes and needed support to maintain her balance Horizontal Gaze Nystagmus Exercise Prior to beginning the exercise it was determined the defendant was not wearing contacts. The defendant's eyes were checked and her eyes 28 displayed equal tracking and her pupils were equal sizes. The defendant was instructed to following the stimulus with her eyes only while keeping her 29 head still. After stating she understood the instructions the defendant attempted this exercise The results of this exercise displayed 4 of the 6 possible clues. A distinct and sustained nystagmus in both eyes, and an onset of nystagmus in both 32 eyes. While performing the Horizontal Gaze Nystagmus exercise, it was observed that the defendant had difficulty following and responding to 33 instructions, and moved her head from side to side during the exercise. The instructions for the exercise had to be repeated before the defendant 34 would respond Walk and Turn Exercise Prior to attempting this exercise, the defendant indicated she did not have any medical problems that would have prevented her from performing the 40 exercise. The defendant was instructed to put her left foot on the line and her right foot in front of it with her right heel touching the toe of her left foot. 41 She was instructed to stand in this manner with her hands to his sides until the exercise instructions were completed and the exercise demonstrated. 42 The defendant was instructed not to begin the exercise until told to do so. She was instructed to take nine steps along the line in a heel-to-toe 43 manner. After the ninth step she was to stop and turn around keeping her lead foot on the ground, taking several small steps with the other foot to 44 turn around. After turning around she was to take nine steps in a heel-to-toe manner back along the line, in the direction she had come from. The 45 defendant was further instructed to watch her feet at all times while walking, keep her arms down to his side, and to count her steps out loud. After 46 the exercise was demonstrated the defendant stated she understood the instructions and was instructed to begin the exercise. After attempting the 47 Walk and Turn Exercise, the defendant displayed 3 of 8 possible clues Walk and Turn exercise observations: On the first set of steps the defendant failed to walk in a heel-to-toe manner on 6 steps. She failed to walk heel-to-toe on steps 3, 4, 5, 6, 7, and The defendant then stepped off the line on 6 steps, stepping off the line on steps 3, 4, 5, 6, 7, and 8. The defendant took the incorrect number of 53 steps walking up. On the second set of steps the defendant failed to walk in a heel-to-toe manner on 9 steps. She failed to walk heel-to-toe on steps 54 1, 2, 3, 4, 5, 6, 7, 8, and 9. The defendant then stepped off the line on 9 steps, stepping off the line on steps 1, 2, 3, 4, 5, 6, 7, 8, and 9. The 55 defendant was also observed to have lost her balance while walking, and failed to count her steps out loud One Leg Stand Exercise Prior to attempting this exercise, the defendant indicated she did not have any medical problems that would have prevented her from performing the 61 exercise. The defendant was instructed to stand with her heels together and hands down to her sides while the instructions were given and during the 62 exercise. The defendant was instructed to not begin the exercise until instructed to do so, and after the exercise had been demonstrated. When 63 instructed to start, she was to raise the foot of her choice off the ground approximately 6 inches. While her leg was raised she was to keep her leg 64 straight, watch her raised foot, and to count out loud by thousands (one thousand one, one thousand two, one thousand three...) and to continue the 65 exercise until told to stop (30 seconds). After this exercise was demonstrated and indicating she understood the instructions the defendant attempted 66 this exercise. this 05 day of arch 2016 Right Thumb tary Public Law Enforcement Officer OICER'S/COPLAINANT'S SIGNATURE LIA,ICHAEL NAE (PRINTED) ID NUBER

3 Narrative Supplement 707-B tice to Appear Juvenile Number: Page # 4 of 7 KINNEY ABBIE CCONNELL Number: CHARGES VIOLENCE? Attachments: (s)? Statement(s) NTA Schedule Report Traffic Infraction(s) Charges: 10 EL ISD ORD S/ORD: Citation.: Bond: # 7 DUI with Damage Prsn./Prop (3)(C) XD 500 EL ISD ORD S/ORD: Citation.: Bond: # 8 DUI with Damage Prsn./Prop (3)(C) XD 500 EL ISD ORD S/ORD: Citation.: Bond: # 9 DUI with Damage Prsn./Prop (3)(C) XD When the defendant attempted this exercise she raised his left foot. The result of this exercise displayed 4 of the 4 possible clues During this exercise the defendant swayed during the exercise, used her arms for balance, hopped during the exercise, and put her foot down 5 70 times during the exercise After completing the walk and turn exercise, the defendant was then placed under arrest for driving under the influence. She was then transported to Valor Boulevard for breath testing. Officer J. Bissa conducted the breath test on the defendant. Prior to conducting the breath test, a 20 minute 74 observation period was conducted on the defendant by Officer Bissa. It should be documented as well that the defendant stated that she needed to 75 utilize the restroom multiple times while waiting to blow. Officer Taylor was arrived on scene, and escorted the defendant to the restroom. On the first 76 breath test, the defendant blew.179 g/210l. On the second breath test, the defendant blew.170 g/210l. The defendant was issued the following 77 citations: DUI Alcohol - #1450 -XD 80 DUI Property Damage - #0885-XD 81 DUI Property Damage - #0887-XD 82 DUI Property Damage - #0888-XD 83 DUI Property Damage - #0886-XD 84 DUI Property Damage - #0889-XD 85 DUI Persons Injured - #1762-XD 86 DUI Persons Injured - #0908-XD 87 DUI Persons Injured - #0890-XD 88 DUI Persons Injured - #1761-XD 89 Careless Driving -#A070E This investigation was captured on my department issued Axon Camera (#8859). Officer R. orrest completed the crash report in regards to this 92 investigation. this 05 day of arch 2016 Right Thumb tary Public Law Enforcement Officer OICER'S/COPLAINANT'S SIGNATURE LIA,ICHAEL NAE (PRINTED) ID NUBER

4 ness/victim/evidence orm 707-A tice to Appear Juvenile Number: Page # 5 of 7 KINNEY ABBIE CCONNEL Number: (Last) KURTZ RONALD W LANIER RD JACKSONVILLE L (904) ADDOX ALEC JAY W ERLIN CT BRANDON L (813) EVIDENCE COLLECTED ELIE JR JAES W COLAX ST LOWELL IN (219) Vic Race: Sex: Age: DOB: SSN: SYONS NATAHAN W COLAX ST LOWELL IN (219) GREENE SCOTT PAUL W NE 145TH PL GAINESVILLE L HEINON CHRISTOPHER ANDREW W DARON ST DAYTONA BEACH L (irst) (iddle) (219) Owner Name (Last) (irst) () (Phone) Owner Name (Last) (irst) () (Phone) I certify that the foregoing is a complete list of LIA,ICHAEL DBPD witnesses/victims & evidence known to me. Investigating Officer ID Number Agency

5 ness/victim/evidence orm 707-A tice to Appear Juvenile Number: Page # 6 of 7 KINNEY ABBIE CCONNEL Number: (Last) ADOLE ARK SCOTT W PLANTATION HOE WA PORT ORANGE L REID HENRY S W COCONUT PAL CIR PORT ORANGE L (irst) (iddle) EVIDENCE COLLECTED Vic Race: Sex: Age: DOB: SSN: Owner Name (Last) (irst) () (Phone) Owner Name (Last) (irst) () (Phone) I certify that the foregoing is a complete list of LIA,ICHAEL DBPD witnesses/victims & evidence known to me. Investigating Officer ID Number Agency

6 Narrative Supplement 707-B tice to Appear Juvenile Number: Page # 7 of 7 KINNEY ABBIE CCONNELL Number: CHARGES VIOLENCE? Attachments: (s)? Statement(s) NTA Schedule Report Traffic Infraction(s) Charges: 10 EL ISD ORD S/ORD: Citation.: Bond: # 10 DUI with Damage Prsn./Prop (3)(C) XD 500 EL ISD ORD S/ORD: Citation.: Bond: # # EL ISD ORD S/ORD: Citation.: Bond: this 05 day of arch 2016 Right Thumb tary Public Law Enforcement Officer OICER'S/COPLAINANT'S SIGNATURE LIA,ICHAEL NAE (PRINTED) ID NUBER