ORIGINAL

OBTSNUMBER
ARREST I NOTICE TO APPEAR
Cape Coral Police Department
1. Amlsl
2. Nolic:e To Appew
Juvenile D
AGENCY ORI NUMBER CASE NUMBERS AGENCY REPORT NUMBER AGENCY ARREST NUMBER

3 6 0 2 0 0 17CT503626,17CT503627,17CT503628 17016982 17016982

~ D 5. ORDINANCE WEAPON SBZEO I TYPE DATE OF OFFENSE
~ as
D 1. FELONY
D 2. TRAFAC FELONY
D 3. MISDEMEANOR
1!J 4. TRAFFIC D 6.0THER ~= m 9119/2017
i LOCATION OF ARREST [Include Name of Business) LOCATION OF OFFENSE (Business Name, Address)

~ 400 WCape Coral Pkwy Cape Coral, FL 33914 400 W Cape coral Pkwy Cape Coral, FL 33914
c
DATE OF ARREST TIME OF ARREST BOOKING DATE BOOKING TIME JAIL BOOK DATE JAIL BOOK TIME FINGERPRINTED BY:
9/19/2017 1949 -
cminll - CJ AAS LCSO
JAIL NUMBER COUNTY ID NUMBER

NAME (last, First. Middle) ALIAS

Manning, John Edward

HEIG WEIG T
5'08" 180

. . ... (City) (State) (Zip) ..

1
~--
. ...
(City) (State) (Zip)

' ~ ...,., . ~ ~
(City) (Stale) (Zip) ,

DRIVER"S LICENSE STATE I NUMBER NUMBER INS NUMBER PLACE OF BIRTH CITIZENSHIP
FL M552465502280 Durum, MA y
CO-OEFENDANT NAME (last, First. Middle) RACE SEX DATE OF BIRTH OR AGE

j!l ACllVITY S.5ell R.Smuggle M. M"""""11n I Z. Othor TYPE B.llart>ilunlle H.Hlik>cila\Jen P.Pllljll1emllial U.-

8 N.NIA B.llu'f D.- Procluce/ N.NIA C. Cocaile

E.~aroln
M. Maltu111&
0. llletli. s.
EqoipoMrt Z. Otller
P.Possess T.Trollic Use ale
A. -
CHARGE *DUl-UNLAW BLD ALCH - DUI ALCOHOL OR DRUGS - COUNTS C!J F.S. STATUTE VIOLATION NUMBER BOND$

111
DESCRIPTION: 17CT503626 1 CJ Ord. 316.193(1) 1000.00
!;\! ACTIVITY DRUG TYPE

g ~PC# DCAPIAS FW D PW D JW. PU l!J CITATION DATE ISSUED Domestic Violence l~ury Older of Arrest
A829SZE 9/19/2017
STATUTE VIOLATION NUMBER BOND$
CHARGE DUl-UNLAW BLD ALCH - DUI AND DAMAGE PROPERTY - III F.S.
DESCRIPTION: 17CT503627 CJ Ord.
i ~CTIVITY DRUG TYPE AMOUNT I UNIT GOC
NotA
316.193(3c1)
licable
2000.00

u DPC# DCAPIAS DAC DBW DFW DPW DJW.PU (!JCITATION DATEISSUED D Writ Att D Domestic Vtolence D Domestic Violence Injury D Order of Atresl
A829TOE 9/19/2017
LOCATION (Court, Room Number, Address)
Lee County Justice Center, Courtroom lA, 1700 Monroe Street, Fort Myers, FL 33901
! D You need notappear in
! court bul roost comply
with instlUctions on
MONTH October DAY 9 YEAR 2017 TIME 1:00 DAM (!JPM
i;! NllliceTo
l:l I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDeRSTAND THAT SHOUlD I WILLF\JllY FAIL TO EAR BEFORE THE COURT
f5 AS REQUIRED BY THIS N011CE TO APPEAR, THAT I MAY BE HELD IN CONTEMPT OF COURT ANO AWARRANT FOR MY ARREST SHALL BE ISSUED.
Zi------~----------------,.------=--=::------------------------------------~----~--------------~----------,
SIGNATURE OF DEFENDANT I JlNENILE ANO PARENT OR CUSTOOIAN

VERIFIED BY DATE BONO: CHARGE# BOND: CHARGE#

l---....:m-;,,:-,!r,ri,,.;....;;'----------------------------------------------1 z i--B-ON~D-TY--PE--3.-~-,ety---5-.Ceil~+-~TYP"="E---------i-~TY~P~E------~
~ 1. ROR 4. Ball/ 6. Otlull
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i
I OFFICER'S I COMPLAINTANl'S SIGNATURE
le" Ashley Carvalho
20
UNDERSIGNEDAUTHORITYTHIS
DAY PM
~:../~~~ ~ i--.,,~,..,..,.,...,......------------+-,....,.....,.,.,.....,..,,.--~D=:..:AM:::...iD=..:..;PM~
851-1522/ Platoon 3 J~;~t- -- ---
NAME (Primed) ID NO. / TROOP
REPORT ENTERED BY
Ashley Carvalho 85115221 Platoon 3 111111111111111111111111111111111111111111111111111111111111 PAGE PAGE
NAME (Printed) 10 NO./ TROOP 1 OF 10
HSMV 60005 (Rev. 7197) 111111111111111111111111 476731
 PROBABLE CAUSE AFFIDAVIT 1. Arras! (Cont)
2. Notk:e to
3. Airest Allldavit
4. Complainl Alllda.1111
~ oaTs Numbet cape Coral Police Department Appear (COUii) 5. RaqueSI lot Caplas 1
:5 Agonoy ORI Number C&se Numbon Agency Repon Numbor

i1-~F....L..:L:....L~O....L3=-.J..~6:...i_O:.....i.~2:....L~O....L....:O:......J...:1~7=CT50.:..;;.:.;3~6=26~,1=7~CT50.:...:..:.3=6=27~,=U~C~T50~3~6~28;..._~~-t;:;=l7.;:;;7;:;:;;-0_,__1_.__6_.__9-t;:;;8;;;::;;~2;;;;--_.____.~..._~
J Dllll of Offense Dllll of Anesi
~ 400 W Cape Coral P cape Coral, FL 33914 0 9 1 9 1 7 0 9 1 9 1 7
Name (last. First, Middle)
Manning, John Edward
Build
-~
Height Weight EyeColot COmplexion
8 5 0 508
(City)
180
(Slate)
BRO GRY
- LGT MED- - - - t

- "' 'tl

(City) (Stale) Business Pllone

Dale

Relationship AITlval Date

0DB

K. Dispense M. Manutadure I Type B. Barbiturate

Distribute Pnxluca/ N.N/A C. Cocaine
CUldvace A.Am e. Heroin
COUNTS BONDS
CHARGE DUlUNLAW BLD ALCH DUI AND DAMAGE PROPERTY
DESCRIPTION: 1 316.193(3c1) 2000.00
~ ACTIVITY GOC

gN OFW OPW 0JUV.PU l!lctTATIDN OATEISSUED. QWrlLAtt.

Not Applicable
O Domestic Vlolence 0 Domestic Vlol. lnj. QDnlet' of Arrest
OPC 0CAPIAS OAC
A829T1E 9/19/2017
COUNTS STATUTE VIOLATION BONDS
CHARGE
DESCRIPTION:
~ ACTIVITY DRUG TYPE AMOUNT I UNIT
~
0
OPC 0Caplu 0AC Dew OFW OPW QJUV.PU OctTATION DATEISSUED D Domestic vio1ence 0 Domestic Viol. lnj. 00rder of Arrest

COUNTS STATUTE VIOLATION BOND$

CHARGE
DESCRIPTION:
~ ACTIVITY DRUG TYPE AMOUNT I UNIT GOC

~t--~-=--'-~.,-~~~,,....-~-=-~--~~--~~~~~~--...~-'-~~~~~~~~~~~~~~--1
DBW D Domestic VIOience 0 Domestic Viol. lnj.
QPC Qcapiu 0AC OFW OPW QJUV. PU QctTATIDN DATE ISSUED OWriLAlt. 00rder of Airest

The undersigned COl1illu and swears tllat he I she ltas just and reuonable grounds to beleve, and does believe tllat tile above named Defendant committed !he follcMTlg vtolallon of law:
0n tile 19 d ot Se tember 2017 at 7:14 D A.M. x P.M. include facts constituti cause fo1 arraSI.)

In the Circuit of the Twentieth Judicial Circuit of the State of Florida, In and for the County of Lee
State of Florida }
County of Lee }
Affidavit of Office A. Carvalho #1522

I Defendant: Manning, John Edward

!<
Iii case Number: 17-016982
~
~ Video Availability: Yes
~ Audio Availability: Yes

~ On September 19, 2017, at approximately 1914 hours, while conducting my duties as a member Sworn Police Officer of the Cape Coral Police
Department assigned to South District Patrol, with CCPD vehicle# 24905, a marked Dodge Charger, I responded to the intersection of Cape Coral
Parkway W and Pelican Boulevard in reference to a traffic crash.

Dispatch advised that several calls came in for a crash at this intersection involving two vehicles. One vehicle ran a red light and then crashed into
another vehicle prior to crashing into a light pole in a parking lol
P.C. ExiSls for Charge(s) Judge's SignabJl'o Date

Hold lot Oti1er Agency Verified By Date Bond: Cha!ge # Bond: Chalge # Bond: Charge #

~ Bond Type 3. Swaty 5.Cen Type Type Type

6.0tller
~
~.ROR
.cash '1:.1
sworn ta and subscribed before me, !he unde1signed Returnable Court Date Retumable COurt Time

20
autlloritytllis day i Release Date ReteaseTlme
BA.M.
P.M.

of September, 2017 . aqe

BA.M.
P.M.
age
2 of 10
 PROBABLE CAUSE STATEMENT

AQency ORI Number

F, L , o, 3 , 6 O 2 . o
I Agency Name
O Cape Coral Police Department
j Agoncy Report Number
1 , 7 , O, 1 , 6 9 8 , 2, , , ,
~ Original Dal8 Raponed I 1
case Reterence
O , 9 , 1 , 9 , 1 , 7 Manning, John Edward
117CT503626, 17CT503627,
CLERK CASE NUMBERS
1 1

17CT503628
When Officer Wilson arrived on scene, the driver of Vl, a white male wearing a long sleeve white shirt, was in the driver's seat of the vehicle. The driver,
later Identified by FL driver's license as John Edward Manning, exited the vehicle, he was unsteady on his feet Mr. Manning was the sole occupant of the
vehicle. Mr. Manning made a spontaneous utterance to Officer Wilson saying, "I had one glass of wine, usually 1have3 but I had 1." When asked, what
happened Mr. Manning stated he has no idea how the initial traffic crash had occurred.

Officer M. Fillak of the Cape Coral Police Department completed the traffic crash investigation finding the driver of Vl, a Silver Nissan Murano bearing
FL tag 372TH, John Edward Manning, to be the at fault driver in the traffic crash.

During my contact with Mr. Manning, I observed the following:

EYES: Bloodshot, watery and glassy

BREATH: A strong odor of an alcoholic beverage
COLOR/FACE: Flushed (red)
SPEECH: Slow to respond, had to repeat questions several times
AmTUDE: Co-operative and polite
COORDINATION: Slow
OTHER: Pupils were extremely dilated.

After noticing the clues of impairment while speaking with Mr. Manning, I asked Mr. Manning what caused the crash and where he was coming from. Mr.
Manning stated he was coming from 47th Ter where he had dinner and a glass of wine.

After the previous observations and comments were noted, I furthered my investigation by asking John to participate in S.F.S.E.'s. John Edward Manning
agreed to submit to the S.F.S.E.'s.

e Smooth
<
During HGN, 1explained the evaluation to Mr. Manning who stated that he understood. I observed the following clues of impairment in each eye: Lack of
Pursuit, Distinct and Sustained Nystagmus at Max Deviation. I also continued to observe the swaying from side to side throughout the entire
~ HGN evaluation. Further observation: After giving Mr. Manning instructions for the exercise, I had to remind him to follow the pen with his eyes and his
~ eyes only because he was following with his entire head. I had to remind him two times. Mr. Manning continued to sway during the exercise.

!l! During the Walk and Turn, I explained and demonstrated the evaluation to Mr. Manning who stated he understood. I observed the following clues of

~
i impairment: Misses heel to toe, raises arms, steps off the line, and improper turn. Further observation: Mr. Manning was unable to get into the starting
position (left foot on the line with his right foot in front of it touching heel to toe). Mr. Manning's first attempt to get into the starting position was with his
right foot was on the solid line, placing the heel of his left foot approximately 2 inches behind his right toe and to the left I then asked Mr. Manning if he
was comfortable walking in the shoes he was currently wearing because he was having a difficult time getting into the starting position. Mr. Manning
stated that he was comfortable walking in his work shoes. Mr. Manning then attempted to get into the starting position again, and began to walk. I
advised Mr. Manning that I would demonstrate the exercise to him first. Before I finished explaining the exercise, Mr. Manning attempted to start the
exercise again, and when doing so Mr. Manning lost his balance stepping off the line completely and to his left

Mr. Manning stated that he understood the exercise. On the first 9 steps: Mr. Manning missed heel to toe on steps 1-9. In addition, when taking the first
step, Mr. Manning lost his balance and fell off the line completely and to his left. Mr. Manning stepped off the line on steps 3, 5, and 9 on the first 9 steps.
Mr. Manning did not make a proper turn, he did not leave his front foot on the line as instructed and used both of his feet to walked in a circle. On the
second 9 steps, Mr. Manning took an additional step for a total of 10 steps and missed heel to toe on steps 1-10. In addition, Mr. Manning stepped of the
line on steps 2, 8, 9, and 10.

During the One Leg Stand, I explained and demonstrated the evaluation to Mr. Manning who stated he understood. I observed the following clues of
impairment: Sways, Puts Foot Down, Uses Arms for Balance. Mr. Manning reached the count of 9 in 30 seconds. Further observations: Mr. Manning
stood on his right foot, raising his left foot off the ground. Mr. Manning reached the count of 2 and then placed his foot down. Mr. Manning then picked
his left foot back up, placed it down on the ground again and repeated this before he started counting again. Mr. Manning reached the count of 4 before
placing his left foot back on the ground and stumbling backwards and to his left. Mr. Manning then lifted his right foot up and then lost balance placing it
back on the ground. Mr. Manning again lifted his

Repcl!lconmins Related Report Number(s)

Probable Cause for Arrest
ID. Number(&) Troop Dale
851-0726 3130 9/19/2017
Routed To Relerre<ITo Assigned To By Date
 PROBABLE CAUSE STATEMENT
L Offense Juvenle
1
Agency ORI N1M11ber Agency Name Agency Report Number
~ F L o 3 6 O 2 o O cape Coral Police Department 17016982
< Original Data Reported CU. Reference CLERK CASE NUMBERS
o 9 1 9 1 7 Manning, John Edward 17CT503626,17CT503627,17CT503628
right foot up and began counting again. He reached the count of 9 and then placed his foot down. There was still approximately 10 seconds left in the
exercise where Mr. Manning just stood there.

During the Numeric Recitation, I explained the evaluation to Mr. Manning who stated he understood. I observed the following clues of impairment: Eyes
did not remain closed, sways while balancing, and incorrecUy recites numbers. Further observations: Mr. Manning was asked to count backwards from
87 to 68. Mr. Manning began counting 87, 88, 86, 87, 88, 88, 88, 87-80, 80, 79, 70, 68, 69, 68, 69, 67.

During the Finger to nose Evaluation, I explained the evaluation to Mr. Manning who stated he understood. I observed the following clues of impairment:
Sways, uses wrong hand, does not touch the tip of his nose, and missed several touches. Further observations: Mr. Manning was unable to lean his head
back and keep his eyes closed. When Mr. Manning began the exercise, he missed the tip of his nose with his finger on touches 1, 2, 4, 5, and&. In
addition, Mr. Manning was instructed to use his left hand on number 5, and he picked up his right hand in initially, and brought it approximately half way
up, then brought it back down and picked up his left hand and missed the touch to his nose.

Based on the totality of circumstances obtained, that are indicative of a person under the influence of alcohol and/or controlled substances to the point
that their normal faculties are impaired, the operator/person in actual physical control was placed under arrest for D.U.I.

Next, I requested Mr. Manning to take a breath test Mr. Manning responded with it was up to me. I then advised him it was his decision and asked again if
he would like to provide a sample of his breath to which he stated he would like to give a sample of his breath in order to determine the alcoholic content
of his breath.

Mr. Manning was then walked to the rear of my patrol vehicle, where he was placed into the car and seat belted in. During transport Mr. Manning stated
he had one glass of wine with dinner tonight; however, he may have had two but did not finish the second one. He also mentioned he was drinking a
z white wine called Hass.

~ Observations made during transport: A strong odor of an alcoholic which engulfed my patrol car.
~ During the 20minute observation period, Mr. Manning mentioned that his left ear was hurting and he was having a hard time hearing out of it from when
!!:! the side air bag deployed as a result of the traffic crash.

I Officer Tucker, a certified breath test operator, conducted the breath test to determine the alcoholic content of Mr. Manning's breath. Mr. Manning had a
difficult time providing a sample of his breath and was given instructions several times. The results of the breath test for both the first and second
sample was a 0.105.

Mr. Manning was read his Miranda Rights from a preprinted, department issued card to which he stated he understood and would like to talk to me. He
was also afforded the opportunity to write a written statement to which he declined.

I issued the appropriate citation(s} and completed the booking process. Mr. Manning was transported to LCJ in apparent good health.

Mr. Manning was issued the following warning/citation:

DUI Uniform traffic citation No. A829SZE for F.S.S 316.193 (1) driving under the influence.
DUI Uniform traffic citation No. A829TOE for F.S.S 316.193 (3}(c}(1} DUI with Property damage
DUI Uniform traffic citation No. A829IlE for F.S.S 316.193 (3}(c)(1} DUI with Property damage

Rep<Jf!Contains Related Report Numbet'(s)

Probable Cause for Arrest
Troop Diie
3101 9/19/2017