ARREST AFFIDAVIT / FIRST APPEARANCE FORM

Transcription

1 OBTS NO DEFENDANT WYGANT, CODY EUGENE ADDRESS 3450 S SUNCOAST BLVD 43 HOMOSASSA, FL MAILING ADDRESS ARREST AFFIDAVIT / FIRST APPEARANCE FORM CITRUS COUNTY SHERIFF'S DEPARTMENT 9940 AGENCY ORI Citrus County Sheriff's Office FL ARREST TYPE: Felony DOB SEX RACE HGT WGT HAIR EYES 09/01/1989 M W 6ft 2 in BRO BRO ALIAS SCARS-MARKS TAT TAT RF-Tattoo, PHONE (530) RESIDENCY Full-time PLACE OF EMPLOYMENT, PLACE OF BIRTH OCCUPATION Unemployed PHONE DRIVER LICENSE E VEHICLE TOWED BY CA SOCIAL SECURITY NO. Vehicle Hold HOLD AGENCY TOW CO. PHONE DATE OF ARREST ARREST SUFFIX LOCATION OF ARREST 04/17/ : SAUNDERS WAY, LECANTO ALCOHOL INFLUENCE WEAPON SEIZED ACTIVITY F. Forgery O. Counterfeit A. Fraud X. Stolen Property N T. Traffic P. Possess S. Sell B. Buy DRUG INFLUENCE TYPE R. Smuggle Z. Other D. Deliver K. Dispense/Distribute U. Use N. N/A M. Manufacture/Produce/Cultivate JUVENILE DISPOSITION TYPE CHARGES A. Amphetamine B. Barbituate C. Cocaine R. Heroin H. Hallucinogen M. Marijuana O. Opium/Derivative S. Synthetic Z. Other P. Paraphernalia/Equipment U. Unknown N. N/A DESCRIPTION COUNT ACTIVITY TYPE NCIC CIS STATUTE BOND TO SCHED Child Neglect W/Great Bodily Harm/Perm Disability/Perm Disfigurement Murder Perpetrated Without Any Design To Effect Death (2)(B) (4) PRINTED 4/18/ :34:44 PM PAGE: 1

2 X Complaint Arrest JAIL LOG (to be completed by Booking Officer) JAIL INMATE NUMBER DATE BOOKED TIME BOOKED AM BOOKING OFFICER FINGERPRINTED BY PHOTOGRAPHED BY BIN NUMBER PM ADIVISED OF RIGHTS BY CHECK FOR WARRANT HOLDS AGENCY OF HOLD NCIC [ ] FCIC [ ] LOCAL [ ] YES [ ] NO [ ] ATTORNEY (if known) RELIGION MARITAL TELEPHONE CALL LOGGED J [ ] PR [ ] C [ ] OTHER [ ] S [ ] M [ ] D [ ] SEP [ ] TIME AM PM # NEXT OF KIN / PARENTS OF JUVENILE (for emergency) RELATION ADDRESS PHONE: (352) PHONE: BOND DATE RETURNABLE COURT DATE RETURNABLE COURT TIME RELEASE DATE RELEASE TIME AM RELEASING OFFICER PM BOND CHARGE A BOND CHARGE B BOND CHARGE C BOND CHARGE D BOND CHARGE E NAME AND ADDRESS OF BONDSMAN APPROVING OFFICER SIGNATURE BOND TYPE: ROR[ ] SURETY [ ] CASH [ ] BAIL BOND[ ] CERT [ ] OTHER [ ] PROBABLE CAUSE AFFIDAVIT: (specify probable cause for each charge) Before Me, the undersigned authority personally appeared who being duly sworn, alleges, on information and belief, that on the day of, in Citrus County, Florida the defendant did: Unlawfully kill a human being, without a design to effect death, by a person engaged in the perpetration of child neglect; and Did willfully or by culpable negligence neglect a child (by depriving the decedent of oxygen) and in so doing causes great bodily harm, permanent disability or permanent disfigurement; to wit: On 04/17/14, I responded to Seven Rivers Hospital in reference to the death of a 16 month old child. The preliminary interviews, with the decedent's father and mother, indicated that the child had been placed in his playpen, at approximately 0700, and, at approximately 0815, was discovered to be not breathing. At, approximately 0821, 911 was called and Deputies and EMS responded to 3450 S. Suncoast Blvd, Homosassa, FL. On 04/17/14, the defendant (decedent's father) was taken to the CCSO EOC for a follow up interview. The defendant was read his Miranda rights, via agency provided preprinted card. He admitted that, on 04/17/14, at approximately 0100, he had placed his hand over the decedent's mouth/nose area for 3-4 minutes. This was done due to him being very frustrated that the decedent was crying uncontrollably and preventing him from playing online Xbox games. After which time, the child was lethargic and seemed?exhausted?. He laid the decedent in the playpen and covered him with multiple layers of bedding. The bedding covered the decedent's entire body and head and was tucked under the decedent in such a way as to prevent the decedent from receiving fresh air. The defendant did not check on the decedent for approximately five hours, during which time, he played Xbox for 1.5 hours and watched three episodes of the television show?fringe?. When he did, the decedent was blue, not breathing and unresponsive to rescue efforts attempted by the defendant and other family. The defendant stated he is the primary care giver for the decedent and was sole person present with the decedent on 04/17/14, between approximately 0100 and On 04/17/14, the decedent was taken to the Medical Examiner's Office for an autopsy. The Medical Examiner has not determined the cause and manner of death, however, per the Medical Examiner, there are serious concerns, that the death was caused by suffocation; but further testing is needed. The defendant was arrested, double-locked handcuffed behind his back and transported to the county jail without incident, where he was held without bond. The defendant was born and raised in California and only moved to Florida in January The defendant has no job or family in Florida. The only connection the defendant has to Florida is his girlfriend, who is the decedent's mother and his 3 month old daughter, who is now in DCF custody. PRINTED 4/18/ :34:44 PM PAGE: 2

3 ?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) , 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 you are hearing or voice impaired, call 711.? SWORN to and SUBSCRIBED before me this day of, AFFIANT Notary Public - Certified Officer Citrus County Sheriff's Department ARRESTING AGENCY PRINTED 4/18/ :34:44 PM PAGE: 3

4 Based upon the foregoing affidavit and/or Sworn Testimony of the undersigned finds and determines: FIRST APPEARANCE FINDINGS & ORDERS [ ] As to charge(s),,,,, that there was at the time of arrest and is probable cause to believe the defendant has committed the offense with which he/she is accused and it is hereby Ordered and Adjudged that defendant is to be detained or post bond as otherwise affixed pending further proceedings. [ ] As to charge(s),,,,, that there is a lack of evidence that the defendant committed the offense with which he/she is accused, and it is hereby Ordered and Adjudged that the Sheriff or Chief of Police having custody is directed to fourthwith release defendant from custody on defendant's own recognizance, subject to defendant appearing at all subsequent court proceedings upon proper notice. [ ] As to charge(s),,,,, that it is hereby Ordered and Adjudged the matter of probable cause is hereby continued until the next First Appearance Hearing after date hereof, at which Hearing the Arresting Agency shall present any further proof of probable cause that it may possess. RELEASE ORDER: The above named Defendant was brought before the undersigned on this date at o'clock,,for a first appearance hearing and the undersigned thereupon informed him/her of the charge against him/her and provided him/her with a copy thereof and also adequately advised him/her that (1) he/she was not required to say anything and that anything he/she did say might be used against him/her, (2) if he/she was financially unable to afford an attorney that the Court would appoint one to represent him/her, and (3) he/she had the right to communicate with his/her attorney, his/her family, or his/her friends and if necessary reasonable means would be provided to enable him/her/ to do so; and the undersigned having considered all available relevant factors necessary to determine whether bail is necessary to assure Defendant's future appearance, and found that same is necessary, it is upon the consideration thereof ORDERED AND ADJUDGED that the defendant [ ] Be released on his/her own recognizance upon the condition that he/she appear as agreed below. [ ] Be admitted to bail in the amount of $ as to charge A, $ as to charge B, $ as to charge C, $ as to charge D, $ as to charge E, upon the condition that he/she appear as agreed below. Special Conditions of Bail: [ ] The defendant may not consume or possess alcohol. [ ] The defendant may not operate a motor vehicle. [ ] The defendant must comply with any other written provisions. DETERMINATION OF SOLVENCY [ ] The undersigned determines that the Defendant is solvent, is not indigent within the meaning of Rule 3.111(b)(4)FRCP and is not entitled to the services of the Office of the Public Defender. ORDER OF INDIGENCY AND APPOINTMENT OF PUBLIC DEFENDER [ ] The above named Defendant appearing in Open Court, and the said Defendant having filed in this Court his Affidavit of Indigency; testimony having been taken before this Court; and the Court being otherwise fully advised in the premises, It is thereupon: ORDERED AND ADJUDGED as follows: 1. That the Defendant be, and he/she is hereby declared to be indigent within the meaning of Rule 3.111(b)(4) of the Florida Rules of Criminal Procedure; and 2. That the office of the Public Defender for the fifth Judicial Circuit in and for Citrus County, Florida or a private counsel, is hereby appointed to represent said Defendant in the above styled cause and in any other controversy pending between the State of Florida and the said Defendant. ORDERED this day of,, at Citrus County, Florida PRINTED 4/18/ :34:44 PM PAGE: 4

5 JUDGE DEFENDANTS OATHS AND AGREEMENTS OATH OF INDIGENCY The above named Defendant personally appeared before me and, being duly sworn, states: (1) I am the Defendant above named and desire the assistance of counsel in these proceedings. (2) I represent to the court, under penalty of perjury, that I am without money or means with which to employ a lawyer. I have no assests which could be converted to cash, mortgaged or pledged to raise sufficient funds to employ a lawyer. (3) Pursuant to Section 27.56, Florida Statutes, I understand that in the event I am found guilty of a criminal act, I may be civilly liable for Court costs and a reasonable attorney's fee incurred in my defense. I further understand that I shall have the opportunity to be heard and offer objections to the determination of the value of the services of the Public Defender or appointed private counsel, and costs, at the time of the final disposition of my case. REFUSAL OF APPOINTMENT OF COUNSEL [ ] I hereby represent to the County that I do not desire the services of the Office of the Public Defender and that I will employ private counsel. AGREEMENT TO APPEAR I hereby acknowledge receipt of a copy of the above and I agree and promise to appear in Courtroom of the Citrus County Courthouse, in Inverness, Florida, on the day of, 20, at, o'clock, M, and such other times as the Court may order, and also agree to notify the Clerk of the Court, in writing, of my new address should I move from the address below. Dated, 20 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF, 20 Defendant: CODY EUGENE WYGANT 3450 S SUNCOAST BLVD 43 HOMOSASSA,FL Deputy Clerk / Judge PRINTED 4/18/ :34:44 PM PAGE: 5