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On 10/29/2023, the defendant was observed driving a white BMW eastbound on State Road 60 in the area of 58th Avenue. The vehicle passed my marked patrol vehicle as I was traveling at 45 miles per hour in a 45-mile-per-hour zone. The vehicle accelerated to 60 miles per hour and began swerving over the solid white line, almost striking the curb several times. I initiated the lights on my fully marked Indian River County Sheriff's Office patrol vehicle to pull over the vehicle. The vehicle pulled into the Home Depot parking lot and then into the McDonald's parking lot. It accelerated around McDonald's, drove around the building twice, and then exited the parking lot at a high rate of speed, almost striking another vehicle. The defendant continued to accelerate through the Home Depot parking lot, then south on 58th Ave. The vehicle reached speeds over 100 miles per hour in a 45-mile-per-hour zone, swerving past vehicles. It ran the red light at 8th street and then ran the red light at 4th street, turning east onto 4th street. The vehicle continued to accelerate to speeds over 100 miles per hour east on Fourth Street, then turned north on 43rd Ave. The vehicle continued to accelerate to a high rate of speed and turned west onto 13th place, at which point visual contact was lost. The vehicle was observed a short time later in the area of the 1300 block of 45th Ave and began fleeing from deputies again. The vehicle fled north on 43rd Avenue and then west on State Road 60. Deputies deployed stop sticks at the 6000 block of State Road 60 and had to utilize the P.I.T maneuver at the 7000 block of State Road 60 to get the vehicle to come to a stop.

During the incident, as the vehicle was fleeing from deputies, Sgt. Fricke was attempting to set up stop sticks on 43rd Avenue. Sgt. Fricke observed the vehicle heading towards her at a high rate of speed. Out of fear of being struck by the vehicle, Sgt. Fricke had to run away from the road and vehicle to avoid being struck. At the time, there were other directions away from Sgt. Fricke that the vehicle could have traveled. This was observed by Cpl. Deighan.

Upon running the defendant's license through FCIC/NCIC, the defendant returned with an active probation status until 2024. The stipulations included no alcohol.

The defendant was read Miranda rights, to which he agreed to speak with deputies. During the interview, the defendant stated he ran from law enforcement because he was afraid of getting in trouble.

Deputy Chouinard responded to the Indian River County Jail to conduct a DUI investigation. Deputy Chouinard's investigation is as follows per his report:

Upon arrival at the jail, I began to interact with the driver/defendant who was identified as Edward Gaban by his Florida Driver's license. As I interacted with the defendant, I observed several physical signs of impairment: bloodshot, watery eyes, and the odor of an alcoholic beverage emanating from his breath and person. I became concerned that Gaban was impaired beyond his normal faculties by alcoholic beverages or chemical or controlled substances.

To dispel my concerns, I asked Gaban if he would participate in a series of standardized field sobriety exercises, to which he agreed. I confirmed Gaban had waived his Miranda rights and agreed to speak with us. Gaban stated he was coming from the 'Twisted Rooster,' a bar that serves alcoholic beverages in Melbourne, Brevard County. Gaban stated he had consumed four alcoholic beverages and three 'shots.' Gaban had a distorted time perception, believing it was midnight when it was actually 0205 hours. Gaban was dressed in a Halloween costume that resembled a Greek God.

I asked Gaban a series of medical questions to ensure he could participate in field sobriety exercises. Gaban stated that he had no physical defects, was not sick or injured, did not have epilepsy or diabetes, did not wear contacts or glasses. Gaban stated he was under the care of a doctor for HIV and takes several medications.

All field sobriety exercises were explained and demonstrated proficiently before Gaban began each exercise, and I confirmed he understood the instructions prior to the start of each exercise.

Overall, the defendant performed poorly on all field sobriety exercises. Based upon my investigation, probable cause exists that on October 29th, 2023, the defendant was in actual physical control of a motor vehicle while under the influence of alcoholic beverages and/or a chemical or controlled substance and was impaired beyond his normal faculties, incapable of operating a vehicle safely.

I then turned over Gaban to Detention Deputies. Deputy Sheriff Solomon advised me that Gaban agreed to provide a breath sample. At the conclusion of the test, the breath sample showed Gaban had a breath alcohol concentration (BrAC) of .145 grams per 210 liters of breath and .145 grams per 210 liters of breath.

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