[PHOTO CREDIT: Lake County Sheriff’s Office]
[Original Publish Date: 10/21/19]
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TAVARES, Florida – Colby Eric Lee, 33, ended up in the Lake County Jail Saturday on charges of breach of peace / disorderly conduct and resisting an officer without violence after reportedly squandering several opportunities not to be arrested. Lee was eventually taken into custody after being shot by a taser and receiving a follow-up “drive stun.” The use of force followed a brief struggle where Lee failed to comply with police commands to submit, according to an arrest affidavit.
The affidavit states an officer responded “to the area of 2372 Bexley Drive in reference to a verbal argument” – one which was “so loud that it was heard three house’s (sic) down by the original caller.” The complainant explained, “Colby and his wife Tiffany were provoking [a man] while he was walking home… trying to get [the man] to fight.” The complainant added, “this is an on going issue and that Colby and his wife are always yelling and causing a disturbance outside and that the police never do anything about it”, according to the affidavit.
While speaking with the complainant, the investigating officer reportedly heard a male subject yell. “The yell was not a word, just a yell and it appeared to come from Colby’s residence”, the report states. Upon making contact with Lee and his wife at 2353 Bexley Drive, the officer “could tell that [Lee] was intoxicated.” In speaking with the couple the officer explained to the pair “that they can not (sic) yell in the yard to a point that it disturbs their neighbors. I stated that I understand that not everyone gets along in the neighborhood and it might be best if everyone minded their own properties and not worry about others.” That is when Lee again began speaking loudly, according to the officer’s affidavit. Lee was warned that “speaking in that tone can be seen as breach of peace, which is the main reason we are out with him”, the affidavit states.
After a few minutes, Lee allegedly made another loud outburst – this time “about how police are not doing their job.” Lee was yelling so loudly, the report states, that it was difficult to make out his words. At that point the decision was made to arrest Lee for breach of peace, “as there were neighbors from near by (sic) residence coming outside to see what was going on”, according to the affidavit.
“At this time Colby started to walk into the residence. I instructed Colby to stop as I tried to take control of his right arm. Tiffany obstructed me from doing so and helped push Colby inside,” the officer reported. That is when the officer drew his Taser X2, “[i]n fear that Colby might be attempting to arm himself with a weapon. I pointed my taser at him and ordered him to lay on the ground [however] Colby took a defensive posture as though if I approached him that he would try to physically harm me”, the affidavit states.
According to the arrest report, Lee was tased after he twice-refused to lie on the ground, “but full muscular incapacitation was not achieved.” Lee was subdued after the officer “issued Colby a drive stun with my Taser to gain compliance.” Lee was handcuffed and eventually cleared by Lake EMS before being booked into the Lake County Jail on a $2,000 bond.
James Hope is a Florida Bar Board Certified Criminal Trial Lawyer who has been practicing criminal law in Tavares, Florida, since 1987. He has also been the Publisher and Executive Editor of Lake Legal News since 2009. He may be contacted at LakeLegalNews@gmail.com, or through his website at www.AttorneyJamesHope.com. [PHOTO CREDIT: Bonnie Whicher]