HomeMy Public PortalAboutPRR 18-2673
Renee Basel
From:Marelyn Lindsey <Mlindsey@sa15.org>
Sent:Monday, November 5, 2018 1:11 PM
To:Renee Basel
Subject:LUIS MOLINA - 18CT014463
Attachments:d108cc90-88e4-4e22-8977-8fb22a99865a.docx
Please see attached RUSH request. Can you please let us have these reports today because
the case is set for Jury Trial on 11/06/18.
Thank you.
Marelyn Lindsey
Office Of the State Attorney
County Court - Division P
Phone: 561-355-7439
Fax: 561-366-1809
Email: mlindsey@sa15.org
Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records
available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.
1
OFFICE OF THE STATE ATTORNEY
FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY
DAVID ARONBERG
STATE ATTORNEY
November 5, 2018
TO: Arresting Agency: GULF STREAM POLICE DEPARTMENT
FROM: MARELYN 355-7439
DIVISION: P
LOCATION: County Court, Room 4400
DATE: November 5, 2018
______________________________________________________________________________
REQUEST FOR REPORT(S) - RUSH !!!!!!!!!!
PLEASE SEND THE FOLLOWING THAT IS CHECKED OFF:
\[ X\]ALL REPORTS
THIS IS NEEDED FOR COURT BY: 10/12/2018
Agency Case No: 44-18-1721
Arresting Officer OFC. MARSHALL FELTER, 752
Criminal Charge: 1) DRIVING UNDER THE INFLUENCE
2) REFUSAL TO SUBMIT TO CHEMICAL OR PHYSICAL
TEST
Citation No: 4284XDG5
A1PKG4P
Date of Crime: 08/14/2018 Time of Crime: 12:00 AM
Incident Address:
Defendant Name: LUIS ALFONSO MOLINA
DOB, Race, Sex: 11/06/1983, W/M
SAO Case No: 2018CT014463ASB
401 N. Dixie Highway, West Palm Beach, Florida 33401-4209
(561) 355-7100
www.palmbeachstateattorney.com
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Yage L of s
Occupation:
Home Address:
Business Name:
Injury:
Eye Color:
REFUSED
4757 SUNNY PALM CHR A
W. PALM BEACH FL 33415
UNK
NO
BRO
Build:: HEAVY
Complexion: MEDIUM BROWN
Scars, Marks, Tattoos:TATOOS BOTH ARMS
Code: SUSPECT VEHICLE
Vehicle Make:
HONDA
Vehicle Type:
CAR
Vehicle Color:
BLACK/
License Year:
2019
Vehicle Towed:
YES
Wrecker Co.:
ZUCCALAS
Complaint Number:
Driver's License: M450521834060 FL
Hair Color:
Hair Length:
VEHICLE
Owner's Name: MOLINA
Vehicle Model: ACCORD
BLK
SHORT
Vehicle VIN: 1HGCP3F85BA012747
Vehicle License #: 869QKC
Reason Towed: ROTATION
INCIDENT SUMMARY
Vehicle Year: 2011
License State: FL
ON 08/14/2018 AT APPROXIMATELY 0038 HRS I RESPONDED TO THE SOUTH END OF TOWN LIMITS ON N. OCEAN
BLVD IN REFERENCE TO A RECKLESS VEHICLE COMPLAINT, REPORTING PARTY; A NATHANIAL BATTLE. THE
VEHICLE, DESCRIBED AS POSSIBLY A BLACK ACURA, MAXIMA OR HONDA WAS STATED TO BE ALL OVER THE
ROAD, RUNNING RED LIGHTS IN DELRAY BEACH. THE VEHICLE WAS LAST SEEN IN A NORTHBOUND
DIRECTION ON N. OCEAN BLVD FROM ATLANTIC AVENUE.
OFFICER B. FIDLER AND I RESPONDED TO THE TOWN'S SOUTH LIMITS AND DISCOVERED A BLACK 2011
HONDA 4DR FL TAG 869QKC JUST SITTING AND PARKED IN THE MIDDLE OF THE 1300 BLK N. OCEAN BLVD IN A
NORTHBOUND DIRECTION. THE VEHICLE WAS STRADDLING THE DOUBLE YELLOW LINES ON THE ROADWAY.
MR. BATTLE IDENTIFIED THIS VEHICLE AS THE ONE HE CALLED POLICE ON.
THE VEHICLE WAS OCCUPIED BY A SINGLE OCCUPANT, A DRIVER LATER IDENTIFIED BY A FLORIDA DRIVERS
LICENSE AS THE VEHICLE OWNER LUIS ALFONSO MOLINA.
MR. MOLINA WAS SLOW AND SLUGGISH IN RESPONDING TO POLICE PRESENCE, APPEARING TO BE FALLING
ASLEEP AT TIMES. MR. MOLINA'S EYES WERE BLOODSHOT AND WATERY; SENSITIVE TO LIGHT.
I ADVISED MR. MOLINA THAT I WAS CONDUCTING A CRIMINAL INVESTIGATION FOR DUI AND REQUESTED
THAT HE STEP FROM THE VEHICLE.
MR. MOLINA SLOWLY AND SLUGGISHLY EXITED THE VEHICLE BUT WAS UNSTEADY ON HIS FEET, LEANING
AGAINST HIS VEHICLE.
MR. MOLINA DENIED HAVING ANY MEDICAL ISSUES. DURING THE COURSE OF MY TALKING WITH MR.
MOLINA I DETECTED A ODOR OF AN ALCOHOLIC BEVERAGE ON AND ABOUT MR. MOLINA'S PERSON AND
BREATH.
I REQUESTED MR. MOLINA TO DO ROADSIDE TASKS AND HE BECAME IRRITATED AND VERBALLY COMBATIVE
REFUSING TO DO ANY OF THE TASKS.
I DID FIND PROBABLE CAUSE TO CHARGE AND ARREST MR. MOLINA ON ONE (1) COUNT DUI PER F.S.S
316.193(1)(A). MR. MOLINA WAS HANDCUFFED USING TWO SETS OF HINGED HANDCUFFS DUE TO HIS SIZE. THE
HANDCUFFS WERE DOUBLED LOCKED AND CHECKED FOR TIGHTNESS.
MR. MOLINA SHOWED MORE A UNWILLINGNESS TO COOPERATE AFTER BEING HANDCUFFED, PULLING AWAY
FROM POLICE WHILE BEING WALKED TO A MARKED POLICE CAR.
MR. MOLINA DUE TO BEING UNCOOPERATIVE AND COUPLED WITH HIS SIZE, PLACING HIM IN THE
BACKSEAT OF MY MARKED POLICE EXPLORER WAS CHALLENGING. MR. MOLINA COMPLAINED ABOUT THE
Yage J of J C;omplamt Number: 16-1121
SEATING AND REFUSED TO SIT IN A MANNER THAT ANY REASONABLE PERSON WOULD DESPITE BEING
HANDCUFFED.
ONCE MR. MOLINA WAS IN THE POLICE VEHICLE AND SECURED IN A SEAT BELT, I STARTED IN MOTION EN
ROUTE TO THE PALM BEACH COUNTY BAT. THIS IS WHEN MR. MOLINA WENT LIMP IN THE BACKSEAT WITH
HIS HEAD BACK AS IF PASSED OUT, UNRESPONSIVE TO ME.
I IMMEDIATELY REQUESTED DELRAY BEACH FIRE RESCUE TO RESPOND. WHILE WAITING FOR FIRE RESCUE,
POLICE RESUMED TALKING TO MR. MOLINA WHO NOW BECAME RESPONSIVE. FIRE RESCUE ARRIVED (RUN
#18-010055) AND ATTENDED TO MR. MOLINA.
FIRE RESCUE TRANSPORTED MR. MOLINA TO BETHESDA MEMORIAL HOSPITAL FOR FURTHER MEDICAL
ATTENTION. I FOLLOWED FIRE RESCUE TO THE HOSPITAL.
OFC B. FIDLER REMAINED WITH MR. MOLINA'S VEHICLE, FOR INVENTORY AND SUBSEQUENT TOW BY
ZUCCALA'S.
DUE TO MR. MOLINA APPEARING FOR TREATMENT AT A HOSPITAL A BREATH OR URINE TEST WAS
IMPOSSIBLE OR IMPRACTICAL WHEREAS I REQUESTED MR. MOLINA SUBMIT TO A BLOOD TEST TO
DETERMINE HIS BLOOD ALCOHOL LEVEL AND/OR PRESENCE OF CHEMICAL OR CONTROLLED SUBSTANCES
IN HIS BLOOD.
MR. MOLINA REFUSED SUCH TEST.
I ADVISED MR. MOLINA OF SAID REFUSAL AND THE SUBSEQUENT SUSPENSIONS OF HIS DRIVING PRIVILEGES.
I AGAIN REQUESTED MR. MOLINA TO SUBMIT TO A BLOOD TEST AND AGAIN MR. MOLINA REFUSED.
MR. MOLINA REQUESTED COUNSEL AND NO FURTHER QUESTIONING PERTAINING TO THE OFFENSE WAS
DONE.
I STOOD BY WITH MR. MOLINA DURING HIS VISIT AT THE HOSPITAL. ONCE RELEASED BY THE DOCTOR AND
MEDICALLY CLEARED FOR JAIL, MR. MOLINA WAS TRANSPORTED BY ME TO THE PALM BEACH COUNTY
JAIL.
CHARGING DOCUMENTS INCLUDING FLORIDA DUI CITATION 4284-XDG AND FLORIDA UNIFORM CITATION
A1PKG4P (REFUSAL TO SUBMIT TO TEST) WERE FORWARDED TO JAIL INTAKE.
NO FURTHER ACTION BY ME.
Page I of 2
Incident/Reclassification:
Report Status:
Reporting Officer:
Zone:
Gulf Stream Police Department
246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
SUPPLEMENTAL OFFENSE REPORT
D.U.I.
CLEARED BY ARREST Report Date/Time:
OFC. BRAD FIDLER Supervising Officer:
4 Division:
INCIDENT SUMMARY
Complaint Number: 18-1721
08/14/2018 00:35
LT. JOHN HASELEY
PATROL
ON TUESDAY AUG 14, 2018 AT 0035 HRS I RESPONDED TO 1300 BLOCK OF N. OCEAN BLVD. DELRAY
BEACH P.D. DISPATCH HAD RECEIVED SEVERAL COMPLAINTS OF A DUI INVOLVING A BLACK SEDAN.
DELRAY BEACH ADVISED THAT THE VEHICLE WAS STOPPED IN THE 1300 BLOCK OF N. OCEAN BLVD.
SEVERAL DELRAY BEACH MARKED UNITS WERE AT THE SCENE UPON MY ARRIVAL. I OBSERVED A BLACK
HONDA SEDAN, FL TAG 869-QKC, WAS STOPPED IN THE MIDDLE OF N, OCEAN BLVD. THREE OFFICERS
FROM DELRAY BEACH WERE STANDING BY THE W/M DRIVER, WHO WAS IN THE VEHICLE. THE DRIVER
WAS LATER IDENTIFIED AS LUIS ALFONSO MOLINA. OFC. M. FELTER ALSO ARRIVED AND WAS NOTIFIED
BY DELRAY BEACH OF THE WITNESS INFORMATION. OFC. FELTER SOON TOOK OVER THE
INVESTIGATION. I ASSISTED WITH BLOCKING THE NORTHBOUND TRAFFIC ON N. OCEAN BLVD. I
OBSERVED THAT OFC. FELTER WAS CONDUCTING A ROAD SIDE TASK ON THE STREET. MOLINA MADE
SEVERAL COMMENTS THAT HE WAS NOT ABLE TO DO ANY TEST AS REQUESTED. AFTER SEVERAL
REQUESTS TO PERFORM THE ROAD SIDE TASKS MOLINA SOON REFUSED TO COMPLY IN DOING THE
TASKS. OFC. FELTER THEN ADVISED MOLINA HE WAS UNDER ARREST. I ASSISTED WITH HAND CUFFING
MOLINA. DUE TO HIS BIG SIZE HE REQUIRED TWO PAIR OF HANDCUFFS. I ASSISTED WITH STANDING BY
MOLINA AFTER BEING HANDCUFFED. WHILE STANDING BY HIS VEHICLE, MOLINA STARTED TO WALK
AWAY. AT THIS TIME I WAS ABLE TO GAIN CONTROL, BY PULLING MOLINA TO THE FRONT OF OFC.
FELTER'S MARKED UNIT. MOLINA WAS PLACED IN THE REAR SEAT OF OFC. FELTER'S UNIT. DUE TO HIS
SIZE HE HAD DIFFICULTY IN GETTING IN THE VEHICLE AND WITH THE ASSISTANCE OF TWO DELRAY
BEACH OFFICERS, MOLINA WAS ABLE TO BE PLACED IN THE VEHICLE. MOLINA COMPLAINED THAT HE
WAS HAVING SOME DIFFICULTY BREATHING. MOLINA HOWEVER WAS ABLE TO SPEAK. WITH NO
PROBLEM. OFC FELTER SOON LEFT THE SCENE. I ASSISTED WITH THE REMOVAL OF THE VEHICLE,
WHICH WAS LATER REMOVED BY ZUCCALA WRECKER SERVICE. I PREPAIRED A VEHICLE STORAGE
RECEIPT.
WHILE WAITING FOR THE TOW COMPANY TO ARRIVE, OFC. FELTER RESPONDED BACK TO THE
SCENE. OFC FELTER REQUESTED THE FIRE MEDICS TO RESPOND AND ATTEND TO MOLINA, WHO WAS
COMPLAINING OF BREATHING PROBLEMS FROM BEING IN THE REAR SEAT. THE MEDICS RESPONDED
AND ATTENDED TO MOLINA. THE MEDICS TRANSPORTED MOLINA TO BETHESDA HOSPITAL FOR
FURTHER TREATMENT. OFC. FELTER LEFT THE SCENE FOLLOWING THE FIRE MEDICS. I CLEARED THE
SCENE AFTER MOLINA'S VEHICLE WAS REMOVED BY ZUCCALA. END OF REPORT.
Q9 Gulf Stream Police Department
246 Sea Road
F��• Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
Page 1 of I
SUPPLEMENTAL OFFENSE REPORT
Incident/Reclassification: D.U.I.
Report Status: REPORT ONLY Report Date/Time:
Reporting Officer: SGT. BERNARD ODONNELL Supervising Officer:
Zone: 2 Division:
Bureau: SUPERVISOR
INCIDENT SUMMARY
Complaint Number: 18-1721
08/14/2018 10:45
LT. JOHN HASELEY
PATROL
ON AUG 14, 2018 AT APPROXIMATELY 1000 HOURS, I OBTAINED DASH CAMERA VIDEO COVERAGE RELATED
TO THIS CASE. THE VIDEO COVERAGE WAS TAKEN FROM DEPARTMENT VEHICLE IDENTIFIED AS
VEHICLE #759. THE VIDEO COVERAGE WAS TRANSFERRED TO THE WATCH GUARD EVIDENCE LIBRARY
EXPRESS WHICH IS MAINTAINED ON THE DEPARTMENTS COMPUTER HARD DRIVE. THE VIDEO
COVERAGE WAS ALSO TRANSFERRED TO THREE (3) INDIVIDUAL CD -RW DISK'S. THE DISK'S WERE
MARKED INDIVIDUALLY. THE THREE DISK'S WERE MARKED AS ITEM #1 AND SUBMITTED AS EVIDENCE.
ITEM # 1 WAS PACKAGE PER DEPARTMENT POLICY AND PLACED INTO EVIDENCE LOCKER #1. END OF
REPORT.
Q Gulf Stream Police Department
246 Sea Road
Fin.
T Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
Page 1 of 1
SUPPLEMENTAL OFFENSE REPORT
Incident/Reclassification: D.U.I.
Report Status: REPORT ONLY Report Date/Time:
Reporting Officer: SGT. BERNARD ODONNELL Supervising Officer:
Zone: 4 Division:
Bureau: SUPV/EVIDENCE
INCIDENT SUMMARY
Complaint Number: 18-1721
08/27/2018 14:00
LT. JOHN HASELEY
PATROL
ON AUGUST 27, AT APPROXIMATELY 1400 HOURS I RECEIVED FROM CHIEF ALLEN EVIDENCE RELATED TO
THIS CASE. THE EVIDENCE CONSISTED OF THREE (3) CD-ROM DISKS. THE CD-ROM'S CONTAIN VIDEO
FOOTAGE FROM A D.U.I CASE INITIATED ON AUG 14, 2018. THE EVIDENCE WAS REQUESTED BY THE
OFFICE OF THE STATE ATTORNEY LOCATED IN WEST PALM BEACH, FL. I WAS GIVEN AUTHORIZATION TO
HAVE THE DISK'S FORWARD TO THEIR OFFICE BY U.S. MAIL. THE EVIDENCE WAS MAILED BY ME ON
AUGUST 27, 2018. END OF REPORT.
Page 1 of 1
Incident/Reclassification:
Report Status:
Reporting Officer:
Zone:
Gulf Stream Police Department
246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278-8611 Fax: (561) 276-2528
SUPPLEMENTAL OFFENSE REPORT
D.U.I.
REPORT ONLY
OFC. MARSHALL FELTER
4
Report Date/Time:
Supervising Officer:
Division:
INCIDENT SUMMARY
Complaint Number: 18-1721
09/06/2018 19:13
LT. JOHN HASELEY
PATROL
ON 09/06/2018 AT APPROXIMATELY 1913 HRS I RESPONDED TO 218 VIA D ESTE 1307 IN DELRAY BEACH IN
REFERENCE TO MEETING WITH A WITNESS (NATHANIAL BATTLE).
MR. BATTLE IS A WITNESS IN THIS CASE AND AT THE REQUEST OF THE STATE ATTORNEYS OFFICE AND
PART OF A FOLLOW UP, A SWORN WITNESS STATEMENT WAS NEEDED FROM MR. BATTLE.
I CALLED MR. BATTLE USING THE TWO PHONE NUMBERS LISTED IN THIS REPORT ON THE FOLLOWING
DATES/TIMES; 09/05/2018 @ 1919HRS AND AGAIN 09/06/2018 @ 1041HRS. I RECEIVED NO ANSWER AND LEFT
MESSAGES DETAILING REASON FOR CONTACT.
ON 09/06/2018 AT APPROXIMATELY 1913 HRS I RESPONDED TO MR. BATTLES HOME ADDRESS IN DELRAY
BEACH, AND AGAIN HAD NEGATIVE CONTACT WITH ANYBODY THERE. I LEFT A WITNESS AFFIDAVIT IN A
ENVELOPE AT THE RESIDENCE DOOR WITH AN ACCOMPANY MESSAGE DETAILING THE REQUEST.
NO FURTHER TO ADD AT THIS TIME.