A 35-year-old Lakeland man with a long history of run-ins with local law enforcement is facing a stack of felony and misdemeanor charges after deputies say he threw a glass beer bottle at a moving vehicle, then kicked a deputy in the face while resisting arrest outside a Kathleen Road gas station. Herschel Leroy Burdine III was booked into the Polk County Jail following the confrontation, which unfolded late at night near the fuel pumps of a busy convenience store north of Interstate 4.
Polk County deputies responded around 11 p.m. on August 4 to a report that a man had thrown a glass beer bottle at a vehicle outside Nick and Moe’s, the store located at 4410 Kathleen Road in Lakeland, according to Tampa Free Press. The station reports that Burdine had been soliciting money outside the store and ignored the vehicle’s occupant before throwing the bottle. Deputies located him near the store’s fuel pumps, and he fled on foot as officers approached.
Deputy’s Taser Missed as Chase Turned Physical
During the pursuit, a deputy fired a Taser at Burdine, but the probes missed him, per the same account. Burdine was apprehended shortly after slipping on wet grass, at which point he allegedly kicked a deputy in the face and thrashed around inside the patrol car once he was placed inside it. He is also accused of kicking the patrol car door, causing damage to the vehicle.
Once at the sheriff’s processing center, Burdine was booked on an extensive list of charges, the report notes: throwing a deadly missile at a vehicle, battery on a law enforcement officer, resisting arrest with violence, resisting arrest without violence, criminal mischief, and disorderly intoxication. Deputies also discovered that Burdine had an active warrant for failure to pay child support at the time of his arrest, according to the outlet.
What the Charges Could Mean Under Florida Law
The most serious charge Burdine faces, throwing a deadly missile at an occupied or moving vehicle, is classified as a second-degree felony under Florida Statute § 790.19 and carries up to 15 years in state prison and a $10,000 fine, according to the Sammis Law Firm. Florida courts have broadly defined deadly missiles to include hard objects like glass bottles that are capable of causing great bodily harm…