rw? Form -4A- I-PETL IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA DOMESTIC VIOLENCE DIVISION ALEJANDRO MURGUIDO 1 FAMILY DIVISION I Petitioner, Case No. 7r. '7 v. PETITION FOR INJUNCTION- JAMES ERIC MCDONOUGH FOR PROTECTION . Respondent. STALKING VIOLENCE no I "o I . 212?: 3 wit? if?; . BEFORE ME, the undersigned authority, personally appeared the E'fetitiqger, ALEJANDRO MURGUIDO who has been sworn and who states: 7234 1. Petitioner resides at: 20298 S.W. 324 ST. HOMESTEAD, FL 33030- 2. Respondent resides at: 32320 S.W. 199 AVE. HOMESTEAD, FL 33030- 3. Filing fees: PurSuant to section Florida Statutes, no filing fees may be assessed. 4. The name and address of Respondent's last known place of employment or school Is: UNKNOWN, MIAMI, FL 5. Petitioner is employed or attends school at: POLICE OFFICER, HOMESTEAD POLICE DEPT 4 S. KROME AVE, HOMESTEAD, FL 33030- (DO NOT ENTER IF PLACE OF EMPLOYMENT SCHOOL TO BE KEPT CONFIDENTIAL, FOR SAFE TY) 6. Physical description of Respondent: Date of birth UNKNOWN Race WHITE Sex MALE Height 5 ft. 10in. Weight 170 lbs. Hair color BLACK color BROWN Distinguishing marks or scars: UNKNOWN Aliases (other names) Respondent uses or has used: Nickname(s): 7. Respondent?s vehicle make, model. year, color and tag: UNKNOWN TAG UNKNOWN 8. Is Respondent in jail? No Date of Arrest: PETITION FOR INJUNCTION FOR PROTECTION STALKING VIOLENCE Case No.: Page 1 of 7 14. 15. Below is a description of the specific incidents of stalking or cyberstalking: The Respondent is unknown to the Petitioner. The Petitioner, a Police Officer, alleges the following eventts) occurred as described below. On or about December 22, 2012, while the Petitioner was in his front yard speaking with his lawn man, the Respondent showed up and used a hand gesture to get. the Petitioners attention. The Petitioner who thought it was a neighbor asked for him to wait A minute while he finished speaking to the lawn man. Afterwards the Petitioner told the Respondent "Sir, may I help you?? and the Respondent immediate] went off on the Petitioner and said "You better stop running stop signs and speeding in the was following you the other day, and I saw you do that, 1 don't care if you have your lights and siren on..st.op doing that." The Petitioner explained the Respondent that he was responding to call and the Respondent became irate and said don't care." The Petitioner asked the Respondent to leave several times and the Respondent refused and told the Petitioner "1 am going to get you, this is not the end of this..you will see." The Petitioner asked the Respondent to leave ?ve additional times, and the Respondent refused. The Petitioner advised the. Respondent that he was going inside his house and calling the Police. The Respondent began to walk down the street. The Petitioner got into his Police cruiser and stopped the Respondent at the corner and told him to wait there for the Police to arrive. The Petitioner then called Miami Dade PD and Homestead PD and they responded. Miami Dade Police responded and issued the Respondent a tress pass warning and wrote a report. MDPD Case No. 121029412874. In June, 2012, the Petitioner drove home from work and when he pulled into his driveway, he noticed a vehicle pulling in directly behind his vehicle and blocking him. The. drivwho remained in his vehilce motioned the Petitioner to walk over to his vehicle. The Petitioner walked over to the vehicle and states that the driver. now known to be the Respondent accused the Petitioner of throwing a paper out of his vehicle. The Petitioner unaware, apologized and the Respondent began to yell at the Petitioner "You my wife a ticket, and here you are throwing paper on the streets, you are an as*hole..and 1 am going to stop you,? The Petitioner advised the Respondent to leave his property and if he wanted to file a complaint, he needed to go to Homestead Police Dept, and also gave him his name. The Petitioner proceeded to go inside his home, and the Respondent eventually left. The Petitioner states that the Respondent. who is unstable. has been to the Petitioners place of employment (Homestead Police Dept.) three times, and threatened to sue the city and the Petitioner, because he had a nervous breakdown front the incident. The Petitioner states that the Respondent also contacted LA, and the Petitioner was ad vised to obtain an injunction for protection. The Petitioner is filing today because he fears the Respondent and is afraid for his life and safety and the safety for his family, and is therefore requesting the Courts intervention and protection to keep the Respondent away to prevent further stalking. at" Petitioner alleges the following additional information: a. that the Respondent personally owns, possesses, and/or is known to possess a firearm: Unknown If YES, what type(s): b. that it is currently required for the Respondent to carry/use a firearm in the capacity of his/her job: Unknown PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING VIOLENCE Case No.: Page 30f 7 that the Respondent has a drug problem: Unknown that the Respondent has an alcohol problem: Unknown that the Respondent has a history of clinically diagnosed mental health problems: Yes Petitioner has known Respondent since (date) Respondent served in the US. military: Unknown PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING Case No.: l3006i42FCOc1 Page 4of 7 rut-"w I UNDERSTAND THAT BY FILING THIS PETITION. I AM ASKING THE COURT TO HOLD A HEARING ON THIS PETITION, THAT BOTH THE RESPONDENT AND I WILL BE NOTIFIED OF, THE HEARING, AND THAT I MUST APPEAR AT HEARING. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND I DECLARE THAT EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.011 FLORIDA STATUTES, AND IF I HAVE MADE A KNOWINGLY FALSE STATEMENT, I MAY BE PROSECUTED.. 4% Petitionef's Initials DATED this 28th day OI February 2013. 7 Pe??oner Name ALEJANDRO MURGUIDO Address 20298 S.W. 324 ST. HOMESTEAD, FL 33030- Telephone No. (305) 742-4900 (DO NOT ENTER IF ADDRESS AND PHONE TO BE KEPT CONFIDENTIAL, SAFETY.) STPETITRTF PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING VIOLENCE Case No.: 13006142FCU4 Page 7of 7 Form ALEJANDRO MURGUIDO Court's IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA DOMESTIC VIOLENCE DIVISION FAMILY DIVISION I 4" Petitioner, ar/ Case No 13-006142- FC -0 I ORDER OF DISMISSAL \13 PURSUANT TO SECTION 74% JAMES ERIC. MCDONOUGH OR 784.046 OR 784. 0485 FLOR STATUTES Respondent. . APR 2 4201's THIS CAUSE came to be heard on this . on the Petitioner's Respondent?s motion, and it appearing that: The order entered on the day of has expired therefore I NO JUST CAUSE: upon review, the evidence presented is insufficient under Florida law (section 741.30 or 784.046. Florida Statutes. or 784.0485 Florida Statutes) to allow the Court to issue an injunction for protection against domestic, repeat, dating, sexual violence or Stalking. it is therefore DENIED - NO HEARING QAILED TO APPEAR: the Petitioner having failed to appear for hearing for a Permanent I Injunction on the 24th day of April, 2013, at 10:00 AM, it is therefore FAILED TO APPEAR: both parties having failed to appear for hearing for a Permanent Injunction on the 24th day of April, 2013, at 10:00 AM. it is therefore FAILED TO COMPLETE: Petitioner failed or declined to complete application process. it is therefore FAILURE TO EFFECT SERVICE: Respondent has not been served. and 120 days have passed since the filling of the petition. ORDER OF DISMISSAL PURSUANT TO SECTION 741.30 OR 784.046 FLORIDA STATUTES Case No.: Page of 3