Arrested after deputy thought he doubled as a wanted man
DeLAND, Fla. (TND) — A case of mistaken identity by a sheriff's deputy got a guy riding a bicycle stopped, and he has been in jail since the weekend — charged with two counts of resisting without violence, but no other crimes.
That deputy in Florida wrote about “conducting a stationary patrol” Saturday afternoon, May 18, when he saw a man “with brown hair and unshaven facial hair, wearing a hat, ride past my marked patrol car.”
The arrest report continued, “The defendant appeared to be a reasonable match for a male, Brian Powers, who I know to have an active Lake County warrant.“I pulled up a recent photograph of Powers and confirmed it could be the defendant.”The deputy noted the guy on the bike was riding against traffic, so he “attempted to conduct a traffic stop on the defendant by activating my emergency lights.
“The defendant failed to stop.“I then activated my emergency siren and the defendant continued to ride his bicycle.
“I then pulled in front of the defendant. The defendant stopped and then rode his bicycle around the passenger’s side of my patrol car, and continued to elude me.“I then pulled in front of the defendant again; the defendant again drove around the passenger’s side of my patrol car.“I then exited my patrol car and ran after the defendant and attempted to detain him.“The defendant asked, ‘What's going on?’“I informed the defendant he resembled someone with an active warrant, and he committed a traffic infraction.”
Then, the deputy reported, he “became tense and began to passively resist after I placed my handcuffs on his left arm.“I then attempted to detain him, which degraded to several minutes of grappling on the ground.“A citizen driving by in a vehicle asked if I needed help, and then came to assist me.”
The suspect was put in the back seat of the patrol car and according to the arrest report, “refused to identify himself.
“I read [the] Miranda Warning to the defendant. The defendant advised he only understood ‘some of it.’“I then went line by line and explained the Miranda Warning to the defendant. The defendant acknowledged he understood each numbered paragraph; however, at the end, still stated he only understood some of it.“The defendant was asked his name multiple times and refused to answer.
“I questioned the defendant why he wouldn't identify himself and he replied, ‘some of the kids in the neighborhood.’”Kenneth Kritz was only identified by a fingerprint scan taken after he arrived at the jail.
Bond for the 33-year-old was set at $1,000 and he has not paid it.
As for Brian Powers, he’s 37 years old and apparently still on the loose.
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