| Probable cause affidavit: |
SUBMITTED BY: WILSON, JAMES 0707 (AR10117010) DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIM BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: GRABBED THE VICTIM BY THE LEFT ARM AS HE WAS ATTEMPTING TO LEAVE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 092210, WHILE ON AN UNRELATED CALL, I WAS TRAVELING WEST ON LEMON STREET. AS I WAS TRAVELING DOWN THE STREET I OBSERVED A BLUE PICKUP TRUCK PARKED IN THE STREET WITH THE HEADLIGHTS ON AT THE INTERSECTION OF WADSWORTH AND LEMON STREET. AS I APPROACHED I OBSERVED THREE WHITE MALES STANDING IN THE STREET NEXT TO THE TRUCK. AS I GOT CLOSER I OBSERVED TWO OF THE INDIVIDUALS BEGIN ACTING AGGRESSIVE TOWARD EACH OTHER. AT THIS TIME I WAS APPROXIMATELY 40 YARDS FROM THE INDIVIDUALS, I OBSERVED THE VICTIM ATTEMPT TO GO AROUND THE BACK SIDE OF THE PICKUP TRUCK IN WHAT APPEARED TO BE AN ATTEMPT TO REMOVE HIMSELF FROM THE ALTERCATION. AT THIS TIME THE DEFENDANT GRABBED HIS LEFT ARM AND THE VICTIM BEGAN TO ATTEMPT TO PULL AWAY AND I OBSERVED THE DEFENDANT SWING HIS RIGHT FIST IN ATTEMPT TO STRIKE THE VICTIM. THE PARTIES THEN SEPARATED. I MADE CONTACT WITH THE VICTIM IN THE STREET, WHO ADVISED ME THAT HE WAS BABYSITTING A CHILD AND EARLIER THAT DAY HE WENT TO THE CHILD'S MOTHER'S RESIDENCE IN ATTEMPT TO LOCATE HER. WHEN HE ARRIVED HE WENT INSIDE AND MADE CONTACT WITH THE FEMALE AND THE DEFENDANT. HE STATED THAT THERE WAS AN ARGUMENT AT THE RESIDENCE; HOWEVER THERE WAS NOT A PHYSICAL ALTERCATION. HE ADVISED THAT HE THEN WENT AND PICKED UP THE WITNESS TO GO TO THE STORE. LATER THAT EVENING HE WENT BY THE DEFENDANT'S RESIDENCE IN ATTEMPT TO LOCATE THE CHILD'S MOTHER AGAIN. AT THIS TIME THE VICTIM OBSERVED THE DEFENDANT STANDING IN THE FRONT YARD OF 27 WEST LEMON STREET. AT THIS TIME HE STATED THAT HE OBSERVED THE DEFENDANT WEARING A PAIR OF HIS SHORTS. UPON ASKING FOR THE SHORTS, THE DEFENDANT STATED THEY WERE HIS SHORTS AND AN ALTERCATION ENSUED. THE VICTIM STATED THAT HE LEFT THE RESIDENCE HEADING WEST ON LEMON STREET, HOWEVER HE HAD TO MAKE A U-TURN AND GO BACK TO WADSWORTH WHERE HIS RESIDENCE IS LOCATED. AS HE DROVE BACK PAST THE DEFENDANT'S RESIDENCE, THE DEFENDANT 'S BROTHER CAME OUT AND TOLD HIM TO WAIT A MINUTE, BECAUSE THE DEFENDANT WAS GOING TO CHANGE AND GIVE HIM HIS SHORTS. THE DEFENDANT THEN, WHILE STANDING AT THE FRONT DOOR, ASKED IF HE WANTED TO "SQUARE OFF". THE DEFENDANT THEN BEGAN STATING TO HIS FATHER TO POP THE TRUNK SO HE COULD GET HIS GLOCK40. THAT IS WHEN HE OBSERVED MY PATROL VEHICLE PARKED IN THE STREET. I THEN SPOKE TO THE WITNESS THAT WAS IN THE VEHICLE WITH THE VICTIM, WHO STATED THAT THE VICTIM CAME TO PICK HIM UP BECAUSE HE NEEDED GAS AND DIAPER RASH CREAM. THE VICTIM THEN WENT BY THE CHILD'S MOTHER'S RESIDENCE TO SEE IF SHE WAS HOME. AN ARGUMENT THEN STARTED AND HE OBSERVED SOMETHING GO THROUGH AN EXTERIOR WINDOW. AT THIS TIME THE VICTIM AND THE WITNESS THEN LEFT THE RESIDENCE. LATER THAT EVENING, THE VICTIM AND THE WITNESS WERE TRAVELING DOWN LEMON STREET. AT THIS TIME THE VICTIM SPOTTED THE DEFENDANT. THE VICTIM THEN STOPPED THE VEHICLE. THE VICTIM ASKED FOR HIS SHORTS FROM THE DEFENDANT. THE DEFENDANT SAID HE WAS GOING TO CHANGE THEN BEGAN SAYING HE WANTED TO FIGHT AND WAS GOING TO GET HIS 40. AT THIS TIME THE WITNESS TOLD THE VICTIM THAT THEY NEEDED TO LEAVE. THE VICTIM THEN TURNED THE TRUCK AROUND. THE DEFENDANT AND THE DEFENDANT 'S BROTHER RAN UP TO THE VICTIM'S TRUCK AND BEGAN TRYING TO PULL THE VICTIM OUT. AN ALTERCATION ENSUED AND THE WITNESS OBSERVED ME COMING DOWN THE ROAD. I THEN SPOKE WITH THE DEFENDANT, WHO STATED THAT HE WAS AT HIS GIRLFRIEND'S RESIDENCE SLEEPING WHEN HE HEARD SOMEONE "BUST IN THE HOUSE", THEN HEARD GLASS BREAK. HE OBSERVED HIS GIRLFRIEND/THE CHILD'S MOTHER WAS BLEEDING. AT THIS TIME THE VICTIM PUNCHED THE DEFENDANT WITH A CLOSED FIST (RIGHT HAND) TO THE LEFT SIDE OF HIS JAW. THE VICTIM THEN STATED THAT HE WAS GOING TO KNOCK THE DEFENDANT OUT AND THAT HE WAS GOING TO GO GET SOMEONE TO ASSAULT HIM. THE GIRLFRIEND AND THE DEFENDANT THEN WALKED TO THE DEFENDANT 'S RESIDENCE. HE THEN BEGAN TO BANDAGE UP THE GIRLFRIEND'S HAND. THE GIRLFRIEND THEN LEFT THE RESIDENCE. HE THEN OBSERVED A BLUE FORD RANGER PARKED IN FRONT OF HIS RESIDENCE, WHERE HE STATED THAT THE VICTIM AND THE WITNESS IN THE TRUCK BOTH JUMPED HIM AND TRIED TO FIGHT HIM. THE DEFENDANT THEN WENT INSIDE. AT THIS TIME HE OBSERVED THE TRUCK COMING BACK, SO HE WENT OUTSIDE WHERE THE VEHICLE WAS PARKED AND THE DEFENDANT STATED THAT THE VICTIM WANTED TO FIGHT HIM. I THEN SPOKE WITH THE DEFENDANT 'S BROTHER, WHO STATED THAT A BLACK MALE AND A WHITE MALE SHOWED UP AT THE RESIDENCE AND STARTED A FIGHT WITH THE DEFENDANT. THE VICTIM STRUCK THE DEFENDANT IN THE FACE WHILE ASKING FOR HIS SHORTS BACK. THE VICTIM THEN CONTINUOUSLY WENT BACK AND FORTH, WAKING UP HIS FAMILY. I THEN SPOKE WITH THE DEFENDANT'S FATHER, WHO STATED "I WAS WOKEN BY THE VICTIM, WHO RAN INTO THE RESIDENCE YELLING". THE DEFENDANT'S FATHER WENT OUT TO THE FRONT YARD AND OBSERVED THE VICTIM AND THE WITNESS PULL UP IN A BLUE FORD RANGER AND BEGAN YELLING AT THE DEFENDANT. HE THEN OBSERVED THE VICTIM JUMP OUT OF THE VEHICLE AND BEGAN TO ATTACK THE DEFENDANT. I THEN SPOKE WITH THE CHILD'S MOTHER/VICTIM'S GIRLFRIEND, WHO STATED THAT SHE AND THE DEFENDANT WERE SLEEPING ON THE BACK PORCH OF HER RESIDENCE WHEN THE VICTIM SHOWED UP, "FLIPPED OUT" AND PUNCHED THE VICTIM. SHE ADVISED THAT THE GLASS WAS BROKEN BY HER, WHILE SHE WAS TRYING TO BREAK THE TWO UP. SHE THEN TOLD THE VICTIM TO LEAVE AS SHE WALKED WITH THE DEFENDANT TO THE DEFENDANT 'S RESIDENCE. SHE WAS NOT PRESENT FOR THE INCIDENT AT THE DEFENDANT 'S RESIDENCE. DUE TO MY OBSERVATION OF THE VICTIM ATTEMPTING TO LEAVE THE ALTERCATION, THE DEFENDANT GRABBING HIM BY THE ARM TO KEEP HIM FROM LEAVING AND ATTEMPTING TO PUNCH HIM, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK AND PLACED IN THE REAR OF DEPUTY MUTTER'S PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
