zachary bird pc
TRANSCRIPT
Orange COlln ty e IC.IIS Arrest Affida vit • Oi.i, ion ~, A .. 0 A I o JRA 0 lTD " ,. .. ' u" .. o' ~ll()t'
C .. u" Ca ••• ' Document Dale: """"" Uxalioo of NONE I ~ale-Time Agency Case Derenlbnl Vchiclr: lJoo~cd :
051200012 [0 :22 Number: 120FF04230J
(ORI) 1 ~I'D'Y FLORIDA 1 IJGI tWA Y PATROL (TROOP 0 _ ORCC) ~~~~~'C IC Ib,.·Tim. 05120001202 :02 FL0379100 Na .... : 0 .. rA .... "
dd,_ .r STATE RQAD417 "a"
r;n ru~oll' 1:0 0
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s.<~.t I~om.!< r .aocuoc.: DEFE'IDANT Number: Number: 12018250 UNOeT!lRMI NED
"or: NAM t;
BIRD, ZACHARY CHARLES r-~' Ru.: W r"M I''"'' , I"" {L.!'.M }, 912 111970 .,
!Ide"!: I W.ilbt: I liolr: BLK lEy .. : I;"' MICHIGAN "" "" 6'00" 225 CI,., Coun,
." 382 1 AVALON PARK EAST BLVD APT Ci, i .. n,blp :
Str •• dP:
City: 15"'", FL 17..i
p'32828 r~ .. a>· I~·" ORLANDO 1'11 .... ., .'h .... <,
S •• rsrrau<><>o: £.hn ie ily: UNKNOWN
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OFFENSES 1 Fd ony " Misd. 0 ORO. 0 Trame 0 I ~ •• rt I ..... . i ... : CIRCUIT
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No\aIV Name Notary ComnllSs.oon . fE.ocp. Dale
1001 tOSIOII COUIITCOI'lI RECOWCOf'll SlATE AnORtlf,Y COPY IS",V, Til IIECOIlOS CO ..... AGENCYiI\£POII, r IUlVlEW COf'Y 1lU'E/'IVAr>TCOI'Y
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ICJl S Conlinu:ltion or: • g Arrest Affidavit ON · • Doc:um.nC M, 431041
ollce \0 Appear Odrnd,uu 's I ~·s£ 120FF042303 Na Hlc:
BIRD, ZACHAR Y CHARLES Numbcr:
NARRATIVE: The undersisned has probable cause \0 believe Ihe above-named defendant on the, 20 of Mav 2012
" L29AM " STA1T:ROAD417 (Zone : K ) in Orange County did
ON MAY 20, 2012 1 RESI'ONDED TO ASSIST TROOPER CASTLEBERRY AT A TRAFFIC STOP ON STATE ROAD 417JUST NORTH OF STATE ROAD 5S2(CURRY FORD ROAD) IN REFERENCE TO A VEHICLE THAT HAD ALMOST COLLIDED WITH A MARKED FLORIDA HIGHWAY PATROL VEHICLE OPERA TED BY AUXILARY CAPTAIN LYNCH. ON ARRIVAL I NOTED THAT TROOPER CAS11.EIlERR Y WAS CONDUCTING FIELD SOBRIETY EXERCISES ON THE OUTSIDE NORTHBOUND SHOULDER. AT THE CONCLUSION OF THE FIELD SOBRIETY EXERCISES TROOPER CASTLEBERRY PLACED THE SUSPECT (ZACHARY CHARLES BIRD) UNDER ARREST AND SECURED HIS HANDS BEI'IIND HIS BACK THEN GUIDED n lE SUSPECT TO HIS MARKED PATROL UNIT. THE SUSPECT WAS SEARCHED AND PLACED IN TIlE RIGIff REAR OF TROOPER CASTLEBERRY'S MARKED PATROL CAR. WITHIN A FEW MINUTES THE SUSPECT BEGAN REPEATEDLY STRIKING HIS HEAD AGAINST THE CAGE "ARTITION AND TI-IE RIGHT REAR PASSENGER DOOR WHJCH RESULTED IN A LARGE LACERATION THAT OLED PROFUSELY. H IE HEAD STRIKES WERE FOLLOWED BY THE SUSPECTS ATTEMPT TO KICK OPEN TIm RIGl-IT REAR DOOR. (THE REPEATED KICKING RESULTED IN DAl"-MGE TO HIE DOOR/FRAME). TROOPER CASTI.EBERRY OPENED THE DOOR IN AN AlTEMPT TO STOP THE SUSPECTS ACTION, PREVENT FURn lER SELF INJURY BY TIlE SUSPECf AND TO CALM HIM DOWN. AS TI-IE SUSPECT STOOD IN THE OPEN DOORWAY HE CLEARED HIS H IROAT, TOOK A BREATH AND LOOKED DIRECTLY AT ME (DISTANCE OF HEEl) AS I STOOD ON THE OTIIER SlOE OF TIlE OPEN DOOR ATTEMPTING TO CALM HIM DOWN, AND SI'IT A MOlITl-IFUL OF BLOOD D1RECTI. Y IN MY FACE. AS I WAS SPEAKING WHICH COVERED MY FACE BLOOD AND SPIT. SUSI'ECT THEN ATTEMPTED TO BREAK AWAY AND WAS TAKEN TO THE GROUND BY TROOPER CASTLEBERRY AND TImN WAS HOBBLED BY ME AS HE LAY PRONE
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• • Ora nge Coun ty ICJIS Arrest Affidavit
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I)c rt nd9nt Vchide: Booked : 05120120121 1:01 Number: 120FF042303
(O KI) 11I.:<n<y flORIDA HIGHWA Y PATROL (TROOP D - ORe G)
~C I CINCIC 1).'~Tim . 0512012012 02:02 FL03 79100 Nom., Cb"k; 0 orArru"
ddru. or rren : SR 417 (NOKIl1l30UNO)
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I~-'" Il..on tWl~<: DEFENDANT Numl><ro Num ber: 12018250 w-'DITERMINED o "::'1'
NAM E BIRD, ZACHARY CHARLES r''''' Roo« :
W j ' M IOOB.mIlI970 1"':0: 41 L.F . .M :
Ir';':b" I W.i, b" Ilt alr. BRa 11;1": BRO I:'OU ")0 ,,)0 6'OOft 25' Ci. : C o un t
, <5 3821 AVALON PARK EAST BLVD APT
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C ity: 15 ... <: 17.Jr 'J2828 1:,lom. I ~'"'' ORLANDO FL I'bou.: I'hon. :
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Code " Od=tripl ion A",. $ Roo. Numb<r
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DAMAGE l'Ito p·en'! ~nSCIl OVEII 200 DOl.S UNDIlt _.1-'1 11(8)(1) 100.00 806. 13 .182 2155 ,~oou
RESIST OFtlCER IIml VlOl.£NCE .. Ul 1.000.00 «30 1 l l ~2
CIIEC K II ERE If' O FFENSES ARE CONT INUED 0
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Not.a r\l Name Nola/y Commission ' I f):1). Oate
100 1 (OMIt) CQURTCOPY RECOIlD COPY STATE AnOIlN[YCOPY !N).i ATE II. ECOllllSCOf'Y AOE~CYIilEPORT Ri:Vt[ WCOI'Y DEl-l;NUANT COI'Y Page- I oJ 6
• ICJIS Continua tion of: El Arrest Affidavit
o NOl ie.! \0 A ar l)ercnd ~ llt 's
Name: BIRD, ZACHARY CHARLES
• Case Numhtr:
N ARRA TI VE: The undersigned has probable cause to believe the above·nallled dcfendonl on the,
3t 1:29AM at SR417 NORT HBOUND (;1.0 I1 c:
120FF042303
20 of Mav 2012
"" ____ ) in Orange County did
On May 20th 2012al approximately 1:29am, Auxiliary Captain 1. Lynch was traveling northbound on SR 417 In the len through lane, approaching Cuny Ford Rond. Auxiliary Captain Lynch was traveling upproximDldy 6Srnph. While northbound, Auxiliary Captain Lynch observed a vehicle traveling northbound on SR 417 in the right through lane approaching the rear of bis Patrol Car at a high flll e: of speed, Au.xHiary Captain Lynch continued northbound and Il.S he did $0, the vehicle cont inued approaching h is vehide al a high mit of
speed. Caplain Lynch continued northbound as the vehicle traveled up 10 and beside his Patrol Car, 3\ which time the vehicle slammed On his brakes. A5 the vchicle applied brakes heavily, !he driver was unable to keep his vehicle in the northbound right through lanc. The veruclc partially left the northbound right through lane and entered the northbound right through lane which was occupied by Captain Lynch's Patrol Car. Captain Lynch observed this action and took evasive action to avoid coll iding with Ihe vehicle by stccring his Patrol Car to \lIe left. Following Iilis, \lIC vehicle traveled back OUt or the northbound left Iltrough lane, across Ille northbound riSht through lane, and traveled onto the paved shoulder of the northbound SR 4 17, coming to a stop, Aftcr seeing this , Captain Lynch pulled his Patrol Car in directly behind the vehicle activating his emergency lights. Captain Lynch exiled his Patrol Car and approached the driver side of the vehicle to make contact with Ihe driver. Upon making contact with the driver, the driver attempted to exit the vehicle at which time Captain Lynch instrucled him to remain in the vehicle. Captain Lynch requested the drl\'er provide his driver's license, registration, and insurance paperwork for the vehicle. 1be driver was able to provide a dover's license at which point Captain Lynch identified the driver as Zachary Charles Bird (FL DL #B6]O·98]· 7()..]41·0). During his contact with the dnver, Captain Lynch obsef','ed an obvious odor or alcohol coming from ins ide the vehicle. Captain Lynch observed the driver's eyes to be glassy and bloodshot. Capt8 in Lynch insU\Jcled the driver thaI should he find his registration and insurance 10 motion for him and he would return to the vehicle. At that point, Captain Lynch returned to his Patrol Car nnd made contact with FHP Dispatch requesting another unit. At that point, FHP Dispatch made contact willi myself and requested tha t [ be en route to assist Captain Lynch. While I was en route to Captain Lynch, Captain Lynch observed the driver attempt to eKit the vehicle two separate limes. Once L1le driver exi ted the vehicle, Cap\llin Lynch observed the driVer to be WlSteady on his fcct and supported himself by leaning ag8inst the driver side o f the vehicle. Captllin lynch req uested from the driver the registration and insurance. The dri\'er returned to his vehicle and shuffled through the paperwork, however was unable to locate the requested documents. Caplain Lynch was provided a Medical ID card belonging to Parrish Hospital . The driver requested 10 Captain Lynch that he be allowed 10 pay his ticket and leave. Captain Lynch stlllcd LIte driver seemed agitated with the siluation. AI approximately 1:36am, I arrived at the scene to lISSist Captain Lynch. I exi ted my Patrol Car and made contact with Captain Lynch. During LItis lime, I observed the driver outside of his vehicle and was leaning against the driver side door. Captain Lynch informed me of Ihe above listed information. Captain Lynch addi tionally informed me that the lag attached to the vehicle (tng /I S26JUQ) was expired as of09nJf2010. Aner speaking with Capuin Lynch, I approached the driver of the vehicle. I made contact with the driver and as I approached the driver [ observed an obvious odor of alcohol coming from the driver's breath. [ observed Ihe driver to be perspiring on his face . The driver's eyes were glassy and bloodshot. I asked the driver what was going on wilh his vehicle's tng. The driver stated that he rarely drives L1le BMW Md that's why his tags were not updated. I asked the driver what was going on tonig.ht? The driver stated he was going to help his friend Fred. I asked what was "Tong with Fred? The d!i\'er staled that Fred was ?fueking with the " Tong people? 'n te driver slated be w!lIlted to be a nice guy but everything was going the wrong way. I looked at the Medical [0 that the driver had provided Captain Lynch and inquired about it. The driver Slated he was a Physician al Parrish Hospilal. I asked \lIe driver if he knew why we IVcre out with him . The driver Slated he was probabl)' going 10 miles O\'er the speed limit. I also advised not JUSt the speed, but wilen lie slowed down he almost sideswiped the trooper. The driver Slated he apologized for that. Following Ihis, I askeu the driver how mueh alcohol he had that night. 11le driver replied by saying none, no alcohol. I askcd the driver whm it was I was smelling? The driver staled he didn't know. [ asked Ihe driver if Ihere was alcohol in the vehicle to which he statcd no. I then IIIstructed to stand at the rear of the car, as I was returning to my Patrol Car. As I turned my back 10 the driver, he stated Ih8t he was ?on the same tearn as you guys and that he \TCats you guys in the E.R.? The driver lVenl on 10 state that he only has ]0 miles to go help Fred out Thc driver addi tionally stated he can get a ride, Following this, I returned to my !'atrol Car. I entered Ille Florid,) tag allaehed to the vehicle into FCIC/NCIC. The return rrom
Notarv Name Notary Commiuo n II I up. Oate 1001 (OoMl'J COUkT cor... u :COlWoor'i STATE ATTORNe .,. COP'" INMATERECQIU)S COPY AGt!N('VI1lF)'ORT 1tI!V1~"' COPV D~END .... ,", CO~Y
PaQe 2016
• • ICJlS Continuation of: o Arrest Affid:lVit I>oc .... u •• ; ~ JJ09O
BIRD, ZACHARY CHARLES
FCICINCIC showed the tag registered to the driver (as identified by his fooL DL) and addi tionally returned as expired as of 0912 112010. I entered [he FL DL of the driver (FI. DL #0·630·983·70-34] -0) into FCICINCIC. Thr()ugh FCICINCIC, I observed lhe driver 10 have D
valid class E license. During this time, Captain Lynch moved his !'atrol Car and turned off his front emergency lights as to not obstruct the video in my "atrol Car. After verifying the status of the Lag aod the driver's license of the driver, I again approached the driver. AI this time, the driver was still leMing against the driver side of the vehicle. I returned the Medical 10 card to the driver and requested that he put it in his car or in his pocket. I then requested that the driver walk towards the rear of his vehicle with me. The driver did so and as he did, I observed an ob\'ious odor of alcohol coming from the driver's breath. I infonned the driver of such and then requested the driver participate in Standard Field Sobriety Exercises. The driver asked me if he passed the ?tests? is he: going 10 be rdeased. I
explained 10 Ihe driver thai Ihe purpose o f the exercises was 10 dctcnnine if he was impaired. The driver nodded and subsequently stated Ihat ?either way he Wl\S ok with being a normal. perfect man! American either way? I explained to the driver that we were just doing our job, j ust like he docs his in his hospiUi. I in."Ullcted the driver 10 walk a few steps off of Ihe rOildway, The driver turned his baek to me and walked around in a big circle. The driver seemed agiutted with the situation. The first exercise I requested or the driver was the Horizontal Gaze Nystagmus. I instructed the driver on how to Sland. The driver seemed to have difficulty with small tasks su(.:h as how to stand as I demonstrated for him. Once ule driver was stnnding in the instructed position, I asked the driver ir he was meant to wear glasses or contacts to which he s tated he did nOL I held up my white pcn light and asked the driver if he could see it to which he stated he could. I then provided verbal instructions on how to complete the exercise. During my instnJctions, ule driver nodded Ihat he understood and stared he underslood when I asked him if he understood my instructions. Wilh this affinn:uion, , beg!Ut the exercise. I checked first for equal pupil size to whith I obstrved. I t hctked for rts ting NyslanluS to whith I did not obsel"\'e. I checked ror and observed equal trad:ing, During the exertisc:, the driver displayed dimtulty IIOt only fo llow;ng the st imutus, but also rocusing on the stimulus. I observed lack of smooth pursui t in both eyes. I checked for Nystagmus at Maximum Deviation. I observed distinct and sustained Nystagmus at M:lJdrnum Deviation. Again I observed the driver at times fail to focus on the: stimulus. I checked for the onset of Nystagmus prior to 45 degrees. I observed distinct and sustained Nystagmus prior to 45 degrees. I estimated Nystagmus to begin at approximatcly 30 degrees. I then checked for Venical Nystagmus. I did not observe Venital Nystagmus. Following this and due to the driver not following my instl\letions in regards to the exercise, I again requested tlte same exercise rrom the driver, [ repeatcd my instructions to the driver, and told the driver to rollolY the stimulus all the way out lUld to not SlOp shon which at times is what I observed. I asked the driver ir he understood to which he stated he did. I cht<:ked again fOf equal pupil si7'( and equal tracking to which I observed. I again observed a lack or smooth pursuit in both eyes. I checked for Nystagmus at Maximum Devimion. I observed distinct and sustained Nystagmus at Maximum Deviation. I again thecked for the onset of Nystagmus prior to 45 degrees. I again observed distinct and sustained Nystgamus prior to 45 degrees and est imated Nystgamus to begin at approximalely 30 degrees. I then cheeked for Venical Nysmgrnus. Again I did not observe Vert ical Nystagmus. Following this, I began to provide instructions for the Lack of Convergence: Eye exercise. During this time, the driver interrupted my instnJt lions and Slated he weill 10
sehool just like I did. This speeeh was slurred mld the driver was exaggerated in his Illotions. The driver then stated ?how I can help? I provided tile drker instructions on how to complete the exercise. At the: end or the instruct ions I asked the driver ir he understood my instructions to which he stated he did. J then began the exercise, In perronning lite Lack of Convcrgence exercise:, I observed Ihe: eyes corne approximately hal fway mid then stop, faili ng to converge. At tile end orthe e.'(ercise, I instrucled the drivcr to stand and relax . The next exercise I requested of the driver was the Walk and Tum. The area used for the exercise was the paved ponion of the roadway . 1lie area was well lit bolh wilh my head lamps and the overhead lighting rrom street lamps. The line used was the painted white line marking the outside or a lam on SR 417, Prior 10 beginning the instructions for the exercise, I instructed the drj\'ef on how 10 stand. In attempting to do th is, the driver began lYalking down the linc. I asked the driver what wns he doing? I told the drivcr that I did n't tell him to do anything and ins tructed him 10 take II. rew sleps b1l.ek. I then re-instruetcd the driver on how to stalld. Upon initially attempting to stand 115 instructed the driver railed to toueh heel to toe: 1I.Ild had to be Sho\\l1 how to stand. With Ihe driver standing in the instructed position. I provided the driver verbal instruetions on how to complete the exercisc. [ physical I)· demonstrated the esertisc for the driver . During my instructions, the driver railed to maintain his balance 3 distinct times and placed his reet side by side. AI the end of my instructions, I asked the driver if he unders tood my instructions to which he staled he did. With tlt is infonnation, I instructed the driver to begin the exercise. On the first 9 steps, the driver f1l.i1c:d to touch hed to toe on steps I, 2, 3, 4, and 6, During the 9 steps, the driver walked in a m!Utner (rooting) consislent with a duck and his reet " "Cre angled. Antr taking the 9th step, the driver stopped and stood there. 1 instrutted the driver to finish the exercisc. 'nle driver asked if he should go to 10 alld s tated lhall said 9. During th is time, the
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Page 3016
• • ICJIS Continu at ion of: I)o<~m.n" : (33090
BIRD, ZACHARY CHARLES 12QFF042303
driver was unable 10 maimain his balance, stepped orr of the line, and fa<:cd me. I informed the driver that there was slill me: lurn portion and Ihen the remaining 9 steps. The driver faited to follolY my instructions lind turned around in a casual manner (due \0 being oIT of .he
line already). The driver then asked how many steps did J want him to take. I lold the driver 9 steps, just like I instructed him 10. On the return 9 steps, the: drh'cr failed 10 touch heel 10 toe on steps 2, 3, 4, 5, 8 . and 9. At the end of the exercise. [ instructed the driver 10 stand and relax.. The neXI exercise I attempted to have Ihe driver perform was the One Leg Stand. [ instructed !lIt driver how to stand while [ provided
inslnlctions. J then proceeded to provide the driver verbal instructions on how to complete the exercise. During this time, the driver slopped me and stated he h3d a knee replacement on his left knee. I asked the driVer if he could raise his right fOOL The driver then stated he could raise either one, but eithcr way his left ACL was bad. I asked the driver when his knee replacement surgery was and he stated in 2000. The driver stated Ihis was probably a bad lest for him. I lold the driver thai he could raise either foot and Ihe driver
looked away and mumbled something about it hurting. After hearing this, I asked the d.river if he wanted to skip this exercise. The driver st:lled he WOUld. Based on the driver complaming of possible injury if he stood on one foot, I decided to not have the driver perform this
exercise. The next exercise I requested of the driver WIIS tlte Romberg Balance exercise. Due to the driver n1ready stl\llding in the correet position, I asked the driver if he knew how long 30 seconds was, The driver stated he did. I then provided verbal instructions to the driver on how to complete the exercise. At the end of my instroctionS, I asked the driver if he understood the instroetions to which he stated he did, TIle exercise was performed on the paved emergency shoulder. The shoulder was smooth and level and free of debris. The cxereise was timed with my stopwatch. After hearing the driver State that he understood my instruetions, J instructcd thc drivcr to begin the exercise . During exercise, the driver at times had a front to back sway about him. The driver cstimated the passage of 30 seconds in 57 seconds. At the end of the exercise (when the driver looked forward). I instructed the driVer to stand and relax. 111e last exercise J requested of the driver was the Finger to Nose exercise. This e.xereise was pcrfonned in the Silme location as the Romberg Balance Exercise. I IISked the driver if he knew his right hand from his left to which he stated he did. I then instructed the driver on how (0 perfonn the exercise. During m)' instructions, the driver stopped me and asked wh:u number exercise we "'ere on. J told
(he driver we were on exercise number four. TIll: driver then requested that [ document that [ told the driver it would be documented .
Following this , the driver stnted we were on the same team. The driver stated that when the Sheriff comes into his E.R., he docs everything he can to help them. l ie treats them like VJ.P, The driver then asked how he could help. I instructed the driver to 5t3/1d as I had instructed him to, The driver did so, at which time I proceeded with my instructions. I verbal ly instructed the driver on how to perfonn the exercise. J physically demonstrated whot the tip of the finger to the tip of the nose looked like. AI the end of my instructions. I asked the driver if he understood the exercise to which he stated yes. I then began the exercise. The pallem for the exercise was as
follows; Left. Right, Left, Right, Right. Left. On the Iirsl Left, the driver missed the tip of his nose and touched the side of his nose with his pad. On the first righi, the driver again missed the tip of his nose and touehed the side of his nose with his pad, On the second Len, the driver perfomlcd Ihe exercisc lIS instructed. On the second Righi, the driver touched the bridse of his nose with the pad of his finser . On the third Right, touched the bonom of his nose (above his lip) . On the fourth Len, the driver touched the bridge of his nose with the
pad of his finger. Following this and based on all of the evidence before me, the driver was placed under arrest for the offense of DUI. The lime of arrest was 2:02am, The driver was secured in handcuffs. At that time, J advised HlP Dispatch of the arrest and requested a tow truck come and
tllke posscs.sion of the driver's "chicle. J escorted the driver and proceeded to search the driver. In the driver's pockets were large
quantities of monies. That money was removed froln the wiver's pocket brieny until the pockets could be fully searched, J informed the driver thot the money would be going with him to the jail. DurinS this time, the driver stated he passed all of my tests. During this time, lhe driver also became belligerent and began to become somewhat verbally aggressive. The driver stated that he had $40,000. The driver repeatedly asked for all of the Trooper's n3JIlCS who weTe on scene. I instructed the driver to have a scat in the e:lr. Prior to this, the driver's money was placed back into his pockets. The driver again became aggressive and ini tial ly refused to sit in the Patrol Car. The driver stated we were all Oll the same team, m which I told him to ael like it. Once the driver was placed in the back of Ihe e!lf. I closed the door. J along with Auxiliary Trooper Christie, Auxiliary Captllin Lynch, SSt. Porter returned to the vehicle to conduct an inventory of the ,·ehiele. During this time In the frOI11 area of the vehicle, additiOllal monies were discovered along wilh a prescription bottle ,"';th the
driver's nanle on it containing various pil1s of an unknown substancc. The pills inside that prescription boule did not match the preseriplioll for Cialis which is wh31 the boule was labeled as. A second prescription boule (which had the label almost completely tom
Nota",. Name Not.:lry Comm,uoon I I uP. Date
COI'Y II,MATI!RECOIWSCOPY .. CENCVtu.ro ~T IU!VtEW COI'V DI!t"ENDANT Co~v Page 4 016
ICJIS Continuation of: •
21 Arrest Affidavll
o BIRD, ZACHARY CHARLES
• 120FF04230J
off) was discovered next to the first prcscnplion boule. Inside thaI prescription bottle was 8 full vial of a clear liquid. Aftcr seeing the additional monies in the v(hicle, I returned to my Patrol Cm \0 If)' Md speak with the driver and leI him know that the money would be going with him \0 the jail. 11Ie driver snapped verbally and begnn to become enraged (sec video for flJI1 effect), The driver accused Law Enforcement for stealing his money and became extremely verbally aggressive and abusive. The driver lI'as aggressive to all Law Enfortemem. The driver refused 10 lislen \0 me speak and shortly thcn::ancr began banging his head in an extremely aggressive manner on the hard partition of my !'atrol Car's cage. I rcpeatedly told the drive r to stop at which point he continued. The driver banged his head
so hard that a cut de\'eloped and his head began to bleed profusely. I made wntaet with FHP Dispatch and requested they send fire rescue due to the blood coming out of the driver's head. The driver continued aet extremely aggressive and began wiping his blood all over the back of my Patrol Car. The driver then began shouting ?take me to the Hospitlll ? Shortly therealler, the driver began kicking my rear passenger side door extremely aggressively. I was under the impression that either the door or the window would shatter. Do to
this , the door was op.:ned. The drive r began screaming Ihal we were stealing his money and was eXllcmcly aggressive in nature. During this time, the driver's blood was running down his face and allover the front of the driver. With the door partial ly open, the driver begllI1 aggressively and vioiell!ly kicking the door to the point where the door bent passed its hinges partially breaking the door. The driver was enraged nod did no! comply and begall attempting to kick myself !Uld every Trooper in front of him. At this point, ille driver stood up and was screaming ?stop stellIing my monc)'? The driver would not listcn to any Law Enforcement Officers and eventually sat bock in ille Patrol Car briefly due to needing 10 catch his breath. The driver then became enraged again being both verbllIly abusive and then began to repeatedly bang his head on the ocnter partition of my Patrol Car's cage funher worsening ille wounds. The driver then paused for a minute and ag:ain exited the Patrol Car (as the door was open so we could speak with him 10 try and calm him). Sgt. Porter was standing approximately 2 feet IIway from the driver at which poilU the driver deared his throat , looked at Sgt. Porter, IlIld spat a mouth full of blood in Sgl Pone(s rm::e and on his chest area. The driver remained enraged. I auempted to pIISh the driver back into the Patrol CIl!" and as the driver sat back in the seal he nuempled to spit on me as well. The driver continued in this manner, in IlIl enraged state and yel again began kicking violently bolh my door and attempting 10 kick law Enrorcemenl The driver again stood up afie r being told 10
Slay seated. At that point, the drivcr approachcd me in an enraged state at which point I escorted him 10 the concrete. Myself and Captain
Lynch struggled with Ihe driver lIS he was enraged and placed him on his stomach. We remained in that position struggling with the
driver until Fire Rescue could lUTive. During IhlS lime, the driver was extremely aggressive in nature. By the lime Fire Rescue had arrived, the driver appellred to have worn himself out from the aggressive and violent tendencies he had jllSt shown. The driver was stropped dO\\1\ to a backboard arid re-seeured with handcuffs. The driver was then plated onto a gurney and pl:aced into the baek of an ambulance. Shortly therealler, Fire Rescue tended to Sgt. Porter and provided me alcohol pads and S\vabs due 10 the amount o f blood on
my l\TniS and uniform. Follo"ing this, the driver was transported to Florida Hospital East. Trooper Husic (10 # 1276) drove behind the ambulance and remained with the driver at the Hospital until I eould arrive. ] along with additional Troopers complcted the invenlOry or Ihe vehicle. During that time, two weapons were located behind the rear passcnger scat. Those weapons were a 44 caliber revolver, fully loaded, ready 10 fire. The second weapon was a Glock 21 wi th J3 rounds ill tlie magllZine, no round in the chamber. In addition, 3 other
magv.incs were location in the vehicle. Shonly the reafter, J and Il Towing arrived 10 take possession of the vehicle. Following this, I along with Auxiliary C:apt:lln Lynch, Sgt. Porter, Sgt, Brown, and Auxiliary Trooper Chrislie drove to Florida Hospi tal East. Trooper W. Figueroa (ID # 1287) also arrived at the
Hospital and stayed with the driver during his lime at the Hospital. While at Ihe Hospital , tlte driver remained secured 10 Ihe bed. l be driver at times was extremely aggressive. While in room #28, the driver kicked up with his feet and in doing so struck the light hanging above the hospital bed causing damagc to the bed. TIle Hospital st:aff allempted to render aid to the driver at which point he stated he
wanted to refuse all ueaunenl . After the Hospital completcd what in itial scans they needed to do, I made contact with the driver at approximalely 4:28am. The driver s till had on a spit mask and I reintroduced mysclf to the driver. The driver called me Doctor Ca.silebelT)' and :after I corrected him. became very irritated. The drive r slurred the words oceifer and stated he refused everything and was still waiting 10 speak with his lawyer. The driver demllllded to know why he wasn't told he was under arreSI IlIld why he hadn't been MirlllJdized. When the driver eventually allowed me to speak. I told the driver thai I had inronned him he was under !In'"eSI roadside when I put the handcuffs on him. I also told thc driver we Imd nOI Mirandiud him because of his aetiolls roadside and that we had yet to interrogate him POSt arrest . lbe driver rambled Oil and on and refused to lis ten. At 4:30am, I :advised the drivcr of Implied Consent and
requested the driver provide a sample of blood to detennine the content or lite presents of chemical and/or controlled substance. The driver stated he refused to provide D blood sample. The driver still refused aller being informed orthe penalties associnted wilh the
NOlarvName Notary Commission' f Exp. Date
) COUIlT COPY RECORt) cory $TAT!! "TTORNIl" COrY I)<,"J.IATI! Rl!CORDS COf'Y A(lHNCYIREI'ORT REVI~W corY OI!FEtffiANT COI'Y P30e 5 016
• • ICJIS Cont in uat ion of: o Arrest Affidavit
BlRD,ZACHARY CIIARLES b ;
120FF042303
refusal . The drivc: r I'Otnt on to state he wanted 10 refuse everyth ing including refusing medical trclluncnl. Based on the tlrh'cr's will ing refusal (0 provide a sample of blood, I called the refusal time at 4:30am. Following Ihis, the driver was looked after by Trooper Figueroa
(10 /I 1287) unt il the staff had run their required tests. During this lime, Orange COWlty Sheriff Office arrived at the Hospi tal aod the W(:aponslmagazines were transferred 10 Ihe: Sheriffs Office: for safekeeping. The driver was not ified of the Orange Coun ty Sheriffs Office: having his weapons for safekeeping. Also during this lime, the driver's currt ncy was counted. The sum of the currency equaled S54,092.00. ThaI money was secured 81 1he Orlando Station oflhe Florida Highway Patrol for safekeeping. Once the Hospital had completed Iheir required tests, Sgl. POrler notified HIP Dispatch to make comact with a Fire Rescue Ambulance 10 come and pkk up the driver 10 tmnsp<ln 10 Ihe 1ail. Shortly Ihereafier, an ambulance 1UTived al the Hospital. As the driver was being prepared 10 be transponcd the driver still made aggressive marks towards myself, Sgt Poner and other Law Enforcement Officers. The
driver stated he could ?take? all three or any of the three of us (II one time. TItc driver additionally made comments about owning Weapons lit his house. Those comments were made in a threatening manner towards Sgt. Porter. The driver was securcd in I gurney and
transported 10 the Orallge CounlY Jail. The drivcr was safe-booked without incident. Following this. [ completed my paperwork and submitted thaI paperwolk \0 the Jai l. Once my required paperwolk was submilled, I transported the two prescription bottles (one with unidentified pills! \lIe other wi lh \lIe unidentified vial of liquid) to Ihe Orlnndo Station of the Florida Highway Patrol. Those tWO prescription bollies will be sent to FOLE for toxicology testing. Depending on the results of those toxicology rC$ults, additional criminal charges may be filed. This conctuded my interact ion wi th the dri"er. A ll events occurred in Orange County, FL . ••• o'n car vide<l is slorcd in the Orlando Station of thc Florid:al-lighway I':alro]····
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Notary Commission . I Exp. Dale
Page 6 016
• • Orange County lCJ IS Arres t Affidavit
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1'001 (OWl) COUll.T cory ItECORO COI'Y STilT!! A rrokNl!Y COPY IN1>\A TIl RECORDS COPY IIGHNCY/Illi"ORT REVIEW COPY PF.FE)"'DA/I.'T corY Page 1 of6
• • ICJlS Continulltioll of: eJ Arrest Affidavit Doxuo><nl"' 433092
IlIRD, ZACHARY CI-1ARLES 120 FF042)0)
The undersigned has probable cause to believe the above-named defcndant on thc, 20 of Mav 2012
at t:29AM at SR417 NORTHBOUND (Zone: ,K'--___ ) in Orange County did
On May 20th 201201 approximately 1:29am, Auxiliary Captain J. Lynch was traveling northbound on SR 417in thc left through lane, approaching Curry Ford Road. Auxiliary Captain Lynch was travcling approximately 65rnph Whilc northbound, Auxiliary Captain Lynch observed a vchicle travcling nonhbound on SR 417 in thc right through lane approaching the rear of his Patrol Car at a high rate of speed. Auxiliary Captain Lynch continued northbound a.nd as he did so, the vehicle continued approaching his vehicle at a high rate of speed. Capmin Lyneh continued northbound as thc vehicle traveled up to and beside his Patrol Car, at which time Ihc vehicle slammed on his brakes. As the vehicle applied brakes heavi ly, the driver was unable to keep his vehicle in the northbound right through lane. The vehicle partially left the nonhbound right through lane and entered the nonhbound right through lme which was occupied by Captain Lynch's Patrol Car. Captain Lynch observed this a(;tion a.nd took eVlISive action to avoid colliding with the vehicle by steering his Patrol Car to the left. Following this, the vehicle traveled baek out of the nonhbound left through lane, across the northbound right through lane, and 1r.".IVeled onto d\e paved shoulder of Ihe northbound SR 417, coming to a SlOp. After seeing this, Captain Lynch pullcd his Patrol Car in dircctly behind the vchicle activating his emergency lights . Captain Lynch cxitcd hi$ Patrol Car and approached thc driver side of the vehicle to make contact with the driver. Upon making contact with the driver, thc driver attempted 10 exit the vehicle at which time Captain Lynch instructcd him to rcmain in the vehicle. Captain Lynch requested the driver provide his driver'S license, registration, and insurance paperwork fo r the vehicle. The driver WIIS able to provide a driver's license at which point CaplDin Lynch identified Ihe driver as Zachary Charles Bird (FL DL #B630·983·70-341..(}). During his contact with thc driver, Caplain Lynch observcd an obvious odor of a1eohol coming from inside the vehicle. Captain Lynch observed the driver's eyes to be glassy and bloodshot. Captain Lynch instructed the driver that should he find his registration and insurance to motion for him and he would rcturn to the vehitle. At that point, Caplain Lynch returned to his Patrol Car and made contact with FHP Dispatch requesting anothcr unit. AI thai poinl, FHP Dispatch made contact with myself and requested that [ be en route to assist Captain Lynch. While [ WIIS en roUlC 10 Caplain Lynch, Captain Lynch observed the driver al1empt to exit the vehicle two separate times. Once thc drivcr exitcd the vchiclc, Caplain Lynch obscp.ed the driver to be unsteady on his feet and supported himself by leaning against the drivcr side of the vehicle. Captain lynch requested from thc drivcr Ihe registnnion and insurance. The driver returned to his vehicle and shumcd through the paperwork, howevcr was unable to locate the requested documents. Captain Lynch was provided a Medical 10 card belonging to Parrish Hospital , The driver requested to Captain Lynch that he be allowed to pay his ticket and leave. Captain Lynch stated the driver seemed agitated with the situation. At approximately 1:36anl, I arrived at thc scene to assist Captain Lynch. I exitcd my Patrol Car and made contact with Captain Lynch. During this timc, I observed the driver outside of his vehicle and was leaning against the drivcr sidc door. Captain Lynch informed me of the abovc listed information. Captain Lynch addilionally informed me thaI the tag allached 10 the vchiclc (tag # 5261UQ) was expired as of 0912 112010.
After speaking with Captnin Lynch, I approached the driver of the vehicle. I madc comaet with Ihc driver and as I approachcd the driver I observed an obvious odor of alcohol coming from the driver's breath. I observed the drivcr to be perspiring on his facc . The driver's eyes were glassy and bloodshot. I asked the driver what was going on with his vehicle's lag. TIIC driver statcd Ihat he rarely drives the BMW and that's why his tags were not updated. I IIS ked the driver what was going on tonight? The driver Slated he WIIS going to help his friend Fred. I asked what was wrong with Fred? The driver stated that Fred was ?fucking with the wrong people? TIle drivcr st3ted he wanted \0 be a nice guy but cvcrytlling was going Ihc wrong way. I looked at the Medical ID that the driver had provided Captain Lynch and inquired about it. The driver stated he was a Physician at Parrish Hospital. I askcd Ihe drivcr if he knew why we wcrc out wilh him . The driver stated he was probably going 10 miles over the speed limit. I also advised not just thc speed, but whcn hc slowed down he almost sideswi~d the trooper. The driver stated he apologized for that. Following th is, I asked the driver how much alcohol hc had that night. The driver rcplied b)' saying none, no alcohol. I IISked the drivcr what it was I was smelling? The driver Slmed he didn't know. I asked Ihe driver if there was alcohol in the vehicle to which he stated no. I then inslnlcled 10 stand at Ihe rear of thc car, as I was rcturning \0 my Patrol Car. As I turned my back to the driver, he stated that he was ?on the samc Icarn as you guys and Ihal he trcats you guys in thc E.R.? The driver went on to state that he only has 30 miles to go help Fred out. The driver additionally stated he can gel a ride. Following this, I relurned 10 my Patrol Car. I eotered the Florida tag attached to the vehiclc inlo FC[ClNC[C. lbc relum from
Pcno<I , Uy Known 0 Produced ldc:uilicouon
Notarv Name Notary Commission #, EJcp. Dale J~"U.T~RJ:CORDscorY A<;~NCYiRE'OI!.T J<.F.VlEII' COPY DH f.NI)AN"T COPY
Page2 0rS
• • ICJIS Continuatio n o f: 621 Arrest Arfidav;1
" BIRD. ZACHARY CHARLES 120FFOU303
t'CICINC IC showed the lag regislcred to the driver (as identified by his FL DL) and additionally returned as expired as of 0912 112010. I entered 1m FL DL of the driver (FL DL IiB-63()'983·70·341.o) inlo FC1CINCIC. Through FCICINCIC, I observed the drivtr to have a valid class E license. During this time, Caplain Lynch moved his ]'alrol Car and IUrned oIT his front emergency lighlS as to not obstruct the video in my Patrol Car. Ancr verifying the Slams of the tag lUld the driver's license of the driver, 1 IIgain approached the driver . At this time, the drive r was still leaning against the driver side of the vehicle. I returned the Medical 10 card \0 the driver and requested thaI
he plll il in his car or in his pocket. I Ihe!) requested that the drive r walk towards the rear of his vehicle wiLh me. TIle driver did so and as
he did, I observed an obvious odor of alcohol coming from the driver's breath. J informed the driver of such and then requested the driver pnnidp:ue in Standard Field Sobriety Exercises. The driver asked me if he passed the ?tests? is he going to be released. I explained to the driver that the purpose of the exercises was to detennine if he was impaired. The driver nodded and subsequently st:lIed that ?ei ther way he was ok with being a nonnal, perfect mw American either way? I explained 10 the driver Ihat we were jusl doing our
job, just like he docs his in his hospi tal . [ instruCled the driver \0 w8.lk a few steps oIT of \he roadw",y. The driver turned his back to me and walked around in a big circle. The driver seemed agi tated with the si tuation. The first exercise I requested of the driver was the Horizontal Gaze Nystagmus. I instructed the driver on how to stand. The driver seemed to have difficulty with small tasks such as how to stand as I demonstrated for him. Once the driver was standing in the iru\ructed position, I asked the driver if he was meant to weill" glasses or contacts to which he SUI ted he did IIOt. I held up my white pen light and asked the driver if he could see it to which he Slated he could. J then provided verbal instnletions on how to complete the exercise . During my instructions, the driver nodded that he understood and stated he underslood when I asked him if he understood my instructions. With this affinnation, I began the exercise. J checked first for equal pupil siu to which I observed. I checked for resting
Nyst:lmus to which I did not observe. I cheeked for and observed equal tr.lcking. During the exercise, the driver displayed difficulty not only fonowing the stimulus, but also focusing on the stimulus. J observed lack of smooth pursUit in bolh eyes. I checked for Nystagmus 3t Maximum Deviation. I observed distinct 3Ild sustained Nystagmus at Maximum Deviation. Again I observed Lite drive r at times f3 il to
focus on the stimulus. I cheeked for the onset of Nystagmus prior to 4S degrees. I observed distinct and sustained Nystagmus prior to 4S degrees. I estimated Nystagmus to begin at approximately 30 desrees. I then checked for Vertical Nystagmus. I did not observe Vertical Nystllgmus. Following Ihis and due to the driver not following my instructions in regards to the exercise, I again requested the SlUlle
exercise from the dd\"Cr. I repeated my instructions to the driver, and told the driver to follow the stimulus all the way OUt and to not stop short which at times is what 1 observed. I asked the driver if he understood to which he stated he did. I checked again for equal pupil size and equal tracking to which I observed. I again observed a lack of smooth pursuit in both eyes. I cheeked for Nystagmus at Maximum Deviation. I observed distinct :ll\d sus tained Nys tagmus :It Maximum Deviation. I again checked for the onset of Nystagmus prior to 4S degrees. I again observed distinct and SUSl3incd Nys tgaillus prior to 4S degrees and estimated Nystgamus to begin at approximately 30
degrees. I Ihen checked for Vertical Nystagmus. Again I did !lOt observe Vertical Nystagmus. FollOwing this, I began to provide instructions for the Lack of Convergence Eye exercise. During this time, the dri\'er interrupted my instructions and stated hc went to school j ust like I did. This speech was slurred and the driver was exaggerated in his motions. The drivcr then st:lted ?how I can help? I provided the drivcr instructions on holY \0 complete the exercise. At the end of the instructions J asked the driver if he understood my instructions to which he stated he did. I then began the exercise. In perfonning the Lack of Con\'ergence exercise, I observed the eyes
come approximately halfway and then StOp, failing to converge. At the end nfthe exercise, [ inst ruc.ted the driver to stand and relax . The next exercise I reques ted of the drivef was the Walk and Tum. The area used fOf the exercise IYIiS the paved portion of the roadway . The area was well lit both with my head lamps and the o\'erhead lighting from street tamps. The tine used was the painted whi le line
marking the outside of II lane on SR 411. Prior to beginning the instructions for the exercise, I instructed the driver on how to stand. In auempting to do this, the driver began walking 00,,1\ the line. I asked the driver what was he doing? I told the driver thllt I didn'l te ll him to do anything and instructed him to take II f.:w steps back. I then rc·instrue ted the drive r on how to stand. Upon initially attempting 10 stand as instructed the driver failed 10 touch hed 10 toe and hOO to be shown how to stand. With Ihe driver standing in the instructed posi tion, I provided the driver verbal instructions on holY to complete the exercise. [ physically dcmonstmtcd the excrcise for the driver .
During my instructions, the driver failed to maint",in his balance 3 distinct times and placed his feet side by side. At the end or my instructions, I asked the driver if he understood my instruct ions to which he stated he did. Wi th th is informotion, [ instructed the driver to begin the exercise. On the firs! 9 steps, the driver failed to touch heel 10 toe on steps 1, 2, 3, 4, and 6. During the 9 steps, the driver
walked in a mMner (footing) consistent ..... ith a ducl.; and his feet were angled. Aller taking the 9th step, the driver stopped and stood there. I instructed Ihe drivtT to finish the exercise. lllc driver asked irhe should go to 10 and stated that I said 9. During th is time, the
~ 07 7)7·2:100
Oflicd. II ... Phone No. ,
Notary Commission II I El<P. Dal<!
PlIge3016
• • ICJ1S Continuat ion of: o Arrest Affidavit
d BIRD, ZACHARY CHARLES 120fF042)03
driver was unable 10 maintain his balana:, s tepped off of the line, and faced me. [ informed tht driver Ih31 there was still the [urn portion and then the remaining 9 steps. The driver failed 10 follow my instructions and turned around in 11 casual manner (due 10 being off of lhe line already). The driver then asked how many steps did I wanl him \0 lake. I lold the driver 9 Sleps, just like I instructed him to. On Lhe return 9 sleps, the driver failed 10 louch heel to toe on sleps 2, 3, 4, S, 8, and 9. AI the end of the exercise, I instructed lhe driver \0 sllll1d and relax. The next exercise I attempted [0 have the driver perform was the One Leg Stand. I insuuctcd the driver how to stand while I provided instructions. I !hen proceeded to provide: the driver verbal instructions on how 10 complete the exercise, During Ihis time, the driver stopped me and staled he had a knee rcplaa::mcnt on his \eft knee, I asked the driver if he could raise his right (001. The driver then stated he could raise eilher one, but either way his left ACL was bad, I asked Ihe driver when his knee replaccment surgery was and he Slated in 2000. The driver slated Ihis was probably a bad lest for him, I lold the driver Ihal he could raise eilher fOOl and Ihe driver looked away and mumbled something about it hurting, Aftcr heMing Ihis, I asked Ihe driver if he wanled 10 skip this exercise. The driver slaled he would. Based on Ihe driver complaining of possible inj ury if he siood on one foot , I decided to nOI have the driver perform this exercise. The next exercise I requested of tile driver was the Romberg Balance exercise. Due to the driver alreody standing in the correct position, I asked the driver if he knew how long 30 seconds was. TIle driver stated he did. I then provided verbal instructions to the driver on how to complete the excrcise. At the end of my instructions, I asked the driver if he understood the instructions 10 which he stated he did. The exercise was performed on the paved emergency shoulder. TIlc shoulder was smooth and level and free of debris. The exercise was timed with my stopwatch. After hearing the driver state that he understood my instructions, I instructed the driver to begin the exercise . During exercise, the driver at times had a front to back sway about him. lbe driver estimated the passage of 30 seconds in 57 seconds. At the end of the exercise (when the driver looked (orward), I instructed the driver to stand and relax. The last exercise I requested of the driver was Ihe Finger to Nose exercise. This exercise was performed in the same location as the Romberg Balance Exercise, I asked the driver if he knew his right hand from his left to \';hich he stated he did. I then instructed the driver on how to perform the exercise. During my instructions, the driver stopped me and asked what number exercise we ..... ere 011. I told the driver we were on exercise lIumber four. The driver then requcsted that I document that I told the driver it would be documented . Fo!lolYing this , the driver stated we were on the same team. The driver stated that when the Sheriff comes into his E,R., he docs everything he can to help them. He trellIS them like V.l .P. TIle driver then asked how he could help. I instructed the driver to stand as I had instructed him to. The driver did so, at which time I proceeded with my instructions. I verbally instructed the driver on holY to perfonn the ~xercise. I physically demonstrated what Ihe tip of the finger to the tip of the nose looked like. At the end of my instructions, I asked the driver if he understood the excrcise to which he: stated yes. I then began the exercise, The pattern for the exercise was as follows: Len, Right. Len, Right, Right, Len. On the: first Left, the driver missed the tip of his nose and touched the side of his nose with his pad. On the first right, the driver again missed the tip of his nose and touched the side of his nose with his pad. On the second Lefl, the driver performed tile exercise as instrutted. On the second Right , dK: driver touched 11K: bridge of his nose with the pad of his finger . On the third Right, touched the bottom of his nose (above his lip), On the fourth Left. the driver touched the bridge of his nose with the pad of his finger. Following this and based on all of the evidence before me. lhe driver was placed under arrest for the offense of DUI . The time of arrest was 2:02am. The driver was secured in handcuffs. At that time, I advised n iP Dispatch of the arrest and requested a tow truck come and take possession of the driver'S vehicle. I escorted the driver and procceded 10 search the driver. In the driver's pockets were large quantities of monies. That money was removed from the driver's pocket briefty until the pock~ts could be fully searched, I infonned the driver thai the money would be going wilh him to the jail. During this time, the driver stated he passed all of my tests. During this time , the driver also became belligerent and began to be1:ome somewhat vel bally aggressive. TIl<: driver Slated that he had S40,000. Tl1C driver repeatedly asked for al] of the Trooper', names who were 011 scene. ] instructed the driver to have a seat in the ear. Prior to this, the driver's lI10ney was placed back in10 his pockets. The driver again becanle aggressive and initially refused to si t in !he: Patrol Car. The driver Slated we were aU on the same team, at which I told him to act like it. Once the driver was placed in the baek of the car, I closed the door. I along with Auxiliary Trooper Christie. Auxiliary Captain Lynch, Sgt. POrter returned to the vehicle to conduct an inventory of the vehicle, During this time in the fronl area of the \,ehicle, additional monies were disc()vered alollg with a prescription bottle with the driver's name on it containing various pills or an unknown subst:mec, The pills inside that prescription bottle did not match the prescription for Cialis which is what the bottle was laheled as. A second prescription bottle (which had the lnbcllllmost eompletel~' tom
Not3rv Name Notal} Commission' I 8cp. O~lC
~if,ffiiLffi' COP'" tNM"'TI! Il~CO~I)S 001'''' ",GI!NCYIllllI'O~T I!.fVtEwcorv DI!f~NIMNTCOI'V Pal)t 4 or 6
,.
• • le JIS Contin uation of: o Arrest Affidavit IJOCUn\ut~: 433092
BIRD, ZACHARY CHARLES 12QFF042)03
ofl) was discovered next \0 the first prescription boule. Inside lhm prescription bottle \Vas 11 full vial of a clear liquid. After seeing the
addi tional monies in the vehicle, 1 returned [0 my Patrol Car \0 try and speak with the driver and lei him know that the money would be going with him to the jail. The driver snapped verbally and began \0 become enraged (see video for full effecI). The driver accused Law Enforcement for stealing his money and became extremely verbally aggressive and abusive. The driver \ViIS aggressive to all Law Enforcement. The driver refused to lislen 10 me speak and shortly thereafter began banging his head in an extremely aggressive manner on the hard partition of my ]' ateol Car's cage. I repeatedly told the driver to StOp at which point he continued. The driver banged his head so hard tha t a cut developed and his head began to bleed profusely. I made contact with FHP Dispateh II.Ild requested they s~nd fire rescue due to the blood coming out of the driver's head. The driver continued act extremely aggressive and began wiping his blood all over the back of my Pallol Car. The driver then began shouting ?take me to the Hospital? Shortly thereafler, the driver began kicking my rear pilSsenger side door extremely aggressively. I was under the impression that either the doOl or the window would sh3uer. Do to this, the door was opened. The driver began screaming that we were stealing his money and was cxLremcly aggressivc in naturc. During this time, the driver's blood was running down his face and all ov~r the front of the driver. With the door partially open, the driver began aggress ively and violently kicking the door to the point where lhe door bent passed its hinges partially breaking Ihe door. The driver was enraged and did not comply and began attempting to kick myself and every Trooper in front of him. At this point. the driver stood up and was screaming ?stop stealing my money? TIle driver lVOuld not listen to any Law Enforcement Officers and eventually sat back in the Patrol Car briefly due to needing to catch his breath. The driver then became enraged again being both verbal ly abusive and then began to repeatedly bang his head on the center partition of my Patrol Car's cage funher worsening the wounds. The driver then paused for a minute and again exited the Pallol Car (as the door Wils open so we could speak with him to try and calm him). Sgt. Porter was standing approximately 2 feet away from the driver at which point the driver cleared his throat . looked at Sgl. Poner. and spat 3 mouth full of blood in Sgt. Porter's face and on his chest area The driver remained enraged. I ancmpted to push the driver ba~k into the Patrol Car and as the driver sat back in the scat he attempted to spit on me as welL The driver continued in this manner, in an enraged state and yel again began kicking violently both my door and anempting to kick Law Enrorcement. The driver again stood up after being told to stay seated. At that point, the driver approached me in an enraged state at which point I esconed him to the concrete. Myself and Captain Lynch struggled with the driver as he was enraged and placed him on his stomach. We remained in thai position struggling with the driver until Fire Rescue could arrive. During this lime, tlle driver was extremely aggressive in nature. By tlle time Fire Rescue had arrived, the driver appeared to have worn himself OUI from the aggressive and violent tendencies he had just shown. The driver was strapped down to a backboard and re-secured with handcufTs. The driver was then placed onlO a gurney and placed into the back of an ambul ance. Shonly thereaner, Fire Rescue tended to Sgt. Pofter lllld provided me alcohol pads and swabs due to the amount of blood on my arms and unifornl. Following this, the driver was transported to Florida Hospital East. Trooper Busic (10 111276) drove behind the ambul ance and remained with the driver at Ule Hospital unti l 1 could arrive. 1 along with additional Troopers completed the inventory of the vehid e. Ouring tha t time, two weapons l'.'Cfe located behind the Icar passenger seal. Those weapons were a 44 caliber revolver, fully loaded, ready to fire. 111e second weapon was a Glock 21 with 13 rounds in the magazine, no round ill the chamber. [n addi tion, 3 other magazines wcre 10c31ion in the vehicle. Shonly thcreafler, J and B Towing arrived to take possession of the vehicle. Following this, [ along with Auxiliary Captain Lynch, Sg\. POTIer. Sgt. Brown, and Auxiliary Trooper Christie drovc to Florida Hospi tal East. Trooper W. Figueroa (II) #1287) also arrived at the Hospitlll and stayed with the driver du ring his time 31 the Hospital. While at the Hospital, the driver remained seeured to tlle bed. The driver at limes was extremely aggress ive. While in room 1128. the driver kicked up with his feet and in doing so struck the light hanging above the hospital bed causing damage 10 the bed. The Hospilal stafT attempted to render aid to the driver at which point he Slated he wanted to refuse all treatment. Ancr the Hospital completed what initial scans they needed to do, 1 made contact with the driver at approximately 4:28am. 11lC driver st ilt had on a spit mask and J reintroduced mysctf 10 the driver. 111e driver cal led me Doctor Castlcberry and after I corrected him. became very irritated. The driver slurred the words Q(;cifer and stated he refused everything and was still waiting to speak with his lawyer. The driver demanded to know why he wasn't lold he wa; under arrest alld why he hadn't been Mirandized. When the driver eventulllly allowed me \0 speak. 1 told the driver Ihat 1 had informed him he was under arrest roads ide when 1 put the handcuffs on him. 1 also lold the driver we had not Mirandi1.ed him because of his actions roadside and Ihal we had yct to intcrrogate him post aneS\. The driver rambled on and on and refused to listen. AI 4:30am, I advised Ihe driver of Implicd Consent and requested the driver provide a sample or blood to detemline the content or the presents of chemical snd/or controlled substance. The driver sta ted he refused \0 provide a blood sample. TIle driver still refused afler being informed of the penalties associated with the
401737·2300
Ofli«t. Oflicd. nIlS. I'hone No.
Pa$OI1&lly Kno •• " 0 f'todClCcd Identification o
Notarv Name Notary Commission ~ I Exp. Date
INMATE II.F.COI\OS cop\, AG£NC\,illEl"OkT IU:VIEW COl'\' OUl:NOMIT eop\, PagoSorS
lens Continuation of: •
El AlTCsl Affidavit
NOLic, \0
BIRD, ZACHARY CHARLES
• Ilo<umrnl N: 433092
120FF042303
refusal . The driver wen! on to stale he wanted to refuse everything including refusing medical treatment. Based on the driver's willing
refusal 10 provide a sample of blood, I called the refusal lime at 4:30am, Following this , the driver was looked after by Trooper Figueroa (ID /I 1287) until the Slaff had run their required teslS. During this lime, Orange County Sheriff Office arrived at Ihe Hospital and the weapons/magazines were transferred \0 the Sheriffs Office for safekeeping. The driver was notified of the Orange County Sheriffs Office having his weapons for safekeeping. Also during this lime, the driver's currency was counled. The sum of the currency equaled $54,092.00. lbat money was secured at the Orlando Station of the Florida Highway Patrol for safekeeping.
Once the Hospital had completed !llcir required tests, Sgt. Porter notified FHP Dispatch to make contact with a Fire Rescue Ambulance to come and pick up the driver to transport to the JaiL Shortly thereafter, an ambulance arrived at the Hospital. As the driver was being prepared to be transported the driver still made aggressive marks towards myself, Sgt. Porter and othcr Law Enforcement Officers. The driver stated he could ?take? all three or any of the three of us at one time. The driver additionally made commems about owning
weapons al his house, Those eorrunents were milde in a Ulrcatcning manner towards Sgt. Parler. The driver was secured in il gum!:)' and transported to the Orange County 10i1. The driver was safe·booked without incident.
Following th is, I completed my pilperwork and submitted that paperwork [0 the Jail. Once my required paperwork was submiued. I transported the two prescription hollIes (one with unidentified pills! the other with the uniden tified vial of liquid) to the Orlando Station of the Florida Highway Patrol. Those two prescription boules will be sent to FDLE for toxicology testing. Depending on the results of those toxicology results, additional criminal charges may be filed . This concluded my interaction with the driver. Al1 evenl~ occurred in Orange County, FL. · ···In car video is stored in the Orlando $Ia\ion of the Florida Highway Pmrol ····
Personally Known 0 I'roducod Identification o
Notarv Name
INMATl! RECORDS COPY AGENCYIkEI'ORT REV!£W COPY DF.FENDANTCOPY
407737· 2300
Qffi«~J BUI. PbQne /'l". \468
Notary Commi~5ion III Exp. Date
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