Holmes Beach police filed a capias request June 8 to the state attorney’s office for a third-degree felony charge against Bradenton resident Chris Burgess, 69, for alleged battery on a law enforcement officer.
The capias request also seeks a first-degree misdemeanor charge against Burgess for allegedly resisting or obstructing law enforcement without violence.
At around 10 p.m. June 8, an officer found Burgess unconscious and slumped over in a wheelchair parked in a handicap spot at the Manatee Public Beach, 4000 Gulf Drive.
The officer noted that Burgess had an open wound on his right leg and feces on the seat of his wheelchair, according to the HBPD report. He also had an open bottle of vodka.
The officer woke Burgess, who “became belligerent and uncooperative.”
Another officer arrived as backup, at which point Burgess attempted to leave the scene.
When the officers held onto his wheelchair, preventing him from leaving, Burgess “made several threats to do harm” to one of them.
Burgess told police he had a heart condition and requested medical assistance, so the officers contacted Manatee County Emergency Medical Services and West Manatee Fire Rescue.
Before EMS arrived, the officers began to arrest Burgess for resisting/obstructing law enforcement without violence, as well as a city code violation for possessing an open alcohol container in public.
When an officer began to search Burgess, the man started hitting the officer with an open hand “in what appeared to be an effort to prevent … a search,” and did not stop when asked.
EMS and WMFR units arrived at the scene and assessed Burgess, who they said had an irregular heart rhythm and required treatment.
The officers determined Burgess met the criteria for a Marchman Act due to his condition and “inability to care for himself,” and transferred custody to EMS for transport to HCA Florida Blake Hospital in Bradenton.
An officer filed a capias request for charges against Burgess later the same day.
The request was submitted to the SAO, which will determine if charges will be filed against Burgess.
If convicted, punishment for a third-degree felony charge includes up to five years in prison, five years of probation and a fine of up to $5,000.
Punishment for a first-degree misdemeanor include up to one year in prison, one year of probation and a fine of up to $1,000.