Homeless man arrested for allegedly throwing cigarette butt on ground

Staff report

GAINESVILLE, Fla. – Kelvin Sanchez Rosario, 48, was arrested yesterday after a deputy saw him throw a cigarette butt toward dry vegetation and he allegedly refused to pick it up.

At about 4:24 p.m. on May 14, an Alachua County Sheriff’s Deputy was exiting the southbound rest area at mile marker 380 on I-75 when he saw Rosario standing near the open trunk of his vehicle; he said Rosario flicked a cigarette butt from his mouth toward an area with a tree, dry vegetation, and debris. Because Alachua County is under a burn ban, the deputy stopped his vehicle near Rosario and asked him to pick up the cigarette.

The deputy reported that Rosario made eye contact with him but did not respond; when the deputy continued to wait, Rosario reportedly said, “I’ll get it in a minute.” The deputy told him to get it immediately to avoid starting a fire, and Rosario allegedly became belligerent, started screaming, and asked if the deputy was going to write him a ticket.

When the deputy said he would, Rosario reportedly screamed, “Write the [expletive] ticket!”

The deputy got out of his vehicle and asked Rosario for identification; Rosario allegedly ignored the request but went over to pick up the cigarette butt, still screaming. When the deputy asked again for his identification, Rosario allegedly walked toward the driver’s side door of his vehicle; because of his hostile behavior and the possibility that he had a weapon in his vehicle, the deputy told him to stop and walk to the front of his patrol vehicle.

Rosario reportedly screamed that he was getting his identification, but the deputy told him again to walk to the front of the patrol vehicle and place his hands on the push bumper; Rosario reportedly walked toward the vehicle, screaming at the deputy in Spanish, and leaned his elbow on the push bumper. After another instruction to place his hands on the push bumper, the deputy drew his taser and said he would deploy it if Rosario did not comply.

Rosario allegedly turned toward the deputy, removed his hands from the patrol vehicle, and started screaming at the deputy again. The deputy deployed the taser, but it was ineffective; a second deployment was also ineffective. The deputy pulled his handgun, pointed it at Rosario, and told him to get on the ground; Rosario eventually complied but ignored commands to cross his feet, put his arms out to his sides, and face away from the deputy. Rosario was eventually handcuffed after backup arrived.

Rosario has been charged with improper disposal of a lighted cigarette and resisting an officer without violence, both misdemeanors. According to his arrest report, he was born in Puerto Rico and is homeless; he told Court Services that he has been in the area for five years. He has one local misdemeanor conviction (violent), along with arrests in Pennsylvania and Connecticut and a history of violating probation. Judge Susan Miller-Jones set bail at $50,000.

Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.