| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR11119316) 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: PUSHING AND PUNCHING THE VICTIM, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 021211, I WAS DISPATCHED TO WAL-MART IN HOMOSASSA, IN REFERENCE TO A BATTERY THAT HAD JUST OCCURRED. I MADE CONTACT WITH THE VICTIM, MR JOHN TOMORI, WHO ADVISED AFTER WALKING OUT OF WAL-MART, HE WAS STANDING NEAR HIS PICKUP TRUCK WHEN HE WAS APPROACHED BY THE DEFENDANT, MR EARL QUILLEN. THE DEFENDANT YELLED OUT, "I'M RIGHT HERE," AND THEN AGGRESSED TOWARDS THE VICTIM. THE DEFENDANT THEN SHOVED THE VICTIM UP AGAINST A PARKED VEHICLE AND AGAINST THE VICTIM'S VEHICLE CAUSING THE VICTIM TO FALL TO THE GROUND CAUSING AN ABRASION APPROXIMATELY FIVE INCHES IN LENGTH ON THE VICTIM RIGHT FOREARM. THE DEFENDANT THEN BEGAN STRIKING THE VICTIM WITH BOTH OPEN AND CLOSED HANDS ON BOTH SIDES OF THE VICTIM'S HEAD. I OBSERVED THE VICTIM'S LEFT EAR TO BE BLEEDING AS WELL AS A SMALL CUT NEAR THE VICTIM'S RIGHT EAR. THE VICTIM ADVISED HE HAD PREVIOUS ISSUES WITH THE DEFENDANT, BUT NOTHING HAD OCCURRED ON 021211, PRIOR TO THE BATTERY. THE VICTIM'S INJURIES APPEARED CONSISTENT WITH HIS RECOLLECTION OF THE EVENTS. CRIME SCENE TECHNICIAN (CST) PHOTOGRAPHS OF THE VICTIM'S INJURIES WERE TAKEN, SEE CST REPORT. THE VICTIM ADVISED HE DID NOT NEED EMERGENCY MEDICAL SERVICES (EMS). I THEN MADE CONTACT WITH A WITNESS, MR SCOTT KALVINEK, WHO ADVISED WHILE HE WAS WORKING ON A VEHICLE IN THE WAL-MART PARKING LOT, HE HEARD AN OLDER WHITE MALE WHO MATCHED THE DESCRIPTION OF THE DEFENDANT YELL, "I'M RIGHT HERE." HE THEN OBSERVED THE DEFENDANT RUN OVER TO ANOTHER WHITE MALE (VICTIM) AND GRAB HIM SLAMMING HIM INTO THE VICTIM'S VEHICLE AND STRIKING HIM NUMEROUS TIMES. HE ADVISED THE DEFENDANT THEN GOT INTO A WHITE VEHICLE AND LEFT THE AREA. I WAS THEN ADVISED BY DISPATCH THAT THE FLORIDA HIGHWAY PATROL WAS OUT WITH THE DEFENDANT AT THE INTERSECTION OF US 19 AND WEST GROVER CLEVELAND BOULEVARD. THE DEFENDANT HAD FLAGGED DOWN THE FLORIDA HIGHWAY PATROL AND ADVISED THEM HE HAD BEEN INVOLVED IN AN INCIDENT IN THE WAL-MART PARKING LOT. I MADE CONTACT WITH THE DEFENDANT AND ASKED WHAT HAD OCCURRED IN THE WAL-MART PARKING LOT. THE DEFENDANT FIRST ADVISED THAT THERE WAS JUST YELLING. THEN ADVISED THERE MAY HAVE BEEN SOME SHOVING, BUT STATED THAT NO ONE HAD HIT ANYONE ELSE. I ASKED HIM TO EXPLAIN HOW HE BELIEVED THE VICTIM RECEIVED HIS INJURIES, HE ADVISED THE VICTIM MUST HAVE CAUSED THEM HIMSELF. THE DEFENDANT ALSO TOLD ME THAT THERE WAS A LONG HISTORY OF DISAGREEMENTS BETWEEN THE TWO MEN. ALL PARTIES INVOLVED COMPLETED SWORN WRITTEN STATEMENTS TO BE TURNED IN TO RECORDS. DUE TO THE TOTALITY OF THE CIRCUMSTANCES, THE DEFENDANT WAS PLACED UNDER ARREST HANDCUFFED (DOUBLE LOCKED) CHARGED WITH BATTERY, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HIS BOND WAS SET AT $500.00. WHILE IN THE REAR OF MY PATROL VEHICLE EN ROUTE TO THE DETENTION FACILITY THE DEFENDANT MADE A SPONTANEOUS STATEMENT THAT HE COULD NOT BELIEVE HE WAS BEING ARRESTED AND HE HAD THOUGHT HE WOULD MAYBE GET A FINE AS HE HAD BEEN IN HUNDREDS OF FIGHTS BEFORE AND NEVER BEEN ARRESTED. "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* |
