| Probable cause affidavit: |
SUBMITTED BY: MELHADO, BRYAN 0618 (AR10114715) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: REACHED INTO AN OPEN DOORWAY, LOCATED AT 451 NORTH SAMS POINT CRYSTAL RIVER FLORIDA 34428), IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIMS, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: BATTERY ON BOTH PARTIES, IN VIOLATION OF FLORIDA'S STATUTE 810.02(2)(A). ON 050710 AT APPROXIMATELY 2150 HOURS, I RESPONDED TO 451 NORTH SAMS POINT IN CRYSTAL RIVER, IN REFERENCE TO A BATTERY THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MET WITH VICTIM ONE AND VICTIM TWO, WHO BOTH STATED THAT VICTIM ONE WAS IN THE REAR OF HIS RESIDENCE ALONG WITH VICTIM TWO AND HE HAD THE REAR DOOR OPEN TO THE BACKYARD. VICTIM ONE WAS SHOOTING AT EMPTY BEER CANS WITH A BB GUN. THE DEFENDANT, MR EFREN CRUZ VAZQUEZ, WHO LIVES NEXT DOOR AND SHARES A BACK YARD WITH THE VICTIMS, STARTED YELLING AND SCREAMING AT THE VICTIMS TO STOP SHOOTING AT THE CANS. AT WHICH POINT THE DEFENDANT REACHED IN THROUGH THE OPEN DOOR, PUSHING VICTIM TWO AND GRABBING VICTIM ONE BY THE THROAT CAUSING A SMALL SCRATCH ON VICTIM ONE'S NECK. BOTH VICTIMS WERE ABLE TO PULL AWAY AND CLOSE THE DOOR. BOTH VICTIMS STATED THEY WISH TO PURSUE CHARGES AND HAVE COMPLETED WRITTEN STATEMENTS AND BEEN TURNED IN TO RECORDS. I THEN MADE CONTACT WITH THE DEFENDANT, WHO WAS STANDING OUTSIDE. I ASKED WHAT OCCURRED THIS EVENING AND HE STATED HIS NEIGHBOR WAS SHOOTING HIS PELLET GUN AT SOME CANS IN THE BACK YARD AND HE DID NOT WANT HIM TO DO THAT, SO HE WENT NEXT DOOR INTO THE BACKYARD AND TRIED TO GRAB VICTIM ONE IN AN ATTEMPT TO STOP HIM FROM SHOOTING THE BB GUN. THE DEFENDANT STATED, HE DID NOT REALIZE HE PUSHED VICTIM TWO, BUT HE DID REALIZE HE WANTED TO GRAB A HOLD OF VICTIM ONE BECAUSE HE IS TIRED OF VICTIM ONE'S BEHAVIOR. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND THE BACK, USING TWO SETS OF HANDCUFFS, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. *NOT-EXEMPT* |