A Belleview man who was out on bond for domestic battery is accused of coughing towards and trying to spit on police officers while being arrested on an attempted burglary charge.
Jose Daniel Pacheco-Figueroa, 44, who is listed as homeless in the arrest affidavit, was charged Sunday with attempted burglary, three counts of threatening a public servant, and violation of pretrial conditions. He had just been released March 31 after being charged with battering a lady friend.
A Belleview Police officer responded at around 10:45 p.m. to the Wawa at 5726 SE Abshier Blvd. to a possible burglary in progress. The caller said she saw someone wearing a mask trying to break into a shed behind the Wawa. She said the person had walked into the store and was talking to the manager, according to the police report.
When the officer arrived, Pacheco-Figueroa was inside the store and speaking to the manager. He had a shirt tied around his head that he said he was wearing as a mask because of the COVID-19 virus. Pacheco-Figueroa said he was walking from the Fred King Playground, located at 5641 SE 113th St., behind the Wawa. When told that someone had accused him of breaking into a shed in the same direction as the playground, Pacheco-Figueroa said he did not break into any shed, the report said.
The officer smelled an odor of alcohol on Pacheco-Figueroa’s breath and observed his eyes were bloodshot and his speech was slow and slurred, according to the report.
Another officer spoke with the witness, who said she saw Pacheco-Figueroa break the window of a shed at 5716 SE 113th St. A Wawa employee said he also saw Pacheco-Figueroa break the window. The officer walked to the shed and observed the window was broken, the report said.
Officers placed Pacheco-Figueroa under arrest and placed him in handcuffs with his hands behind his back. As soon as he was handcuffed, Pacheco-Figueroa started directly towards one of the officers. After the officers told him to cough straight ahead, Pacheco-Figueroa turned his head and coughed towards the other officer. He was placed in the back seat of the patrol vehicle, according to the report.
Once inside the patrol vehicle, Pacheco-Figueroa started spitting from the back seat into the front seat, through the gated partition that separates the front from the back. Three officers removed Pacheco-Figueroa from the vehicle and made him lie on the grass next to it. One of the officers told Pacheco-Figueroa he would use force on him if he spit on any of the officers, the report said.
Pacheco-Figueroa said he was going to spit on the officers, so an officer put a spit mask on him and asked medics to respond and evaluate him for COVOID-19 symptoms. Pacheco-Figueroa continued to cough, spit and gag like he was trying to make himself throw up. He said he had “corona” and called the officers names and threatened kill himself, according to the report.
Marion County Fire Rescue responded and evaluated Pacheco-Figueroa, and they said the didn’t have any medical concerns for him and he didn’t need to be taken to a hospital. Pacheco-Figueroa told them he has asthma but was unable to say what medicine he takes or name the doctor who diagnosed him with COVID-19, the report said.
Pacheco-Figueroa continued to cough, spit, gag and make himself throw up on the way to the Marion County Jail. He continued to claim he had “coronavirus” but refused to say where he was diagnosed, according to the report.
Pacheco-Figueroa is being held without bond and is scheduled to appear in Marion County Court on May 5.