| Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (AR15-15460) (15-80670) WILLFULLY VIOLATE A PROVISION OF AN INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE OR REPEAT VIOLENCE, IN VIOLATION OF FLORIDA STATE STATUTES 784.31(4)(A)(5), TO WIT: THE DEFENDANT CONTACTED THE VICTIM APPROXIMATELY TEN TO FIFTEEN TIMES AFTER BEING INSTRUCTED NOT TO BY THE JUDGE DURING FIRST APPEARANCE, AND A PERSON WHO KNOWINGLY USES INTIMIDATION OR PHYSICAL FORCE OR THREATENS ANOTHER PERSON OR ATTEMPTS TO DO SO OR ENGAGES IN MISLEADING CONDUCT TOWARDS ANOTHER PERSON, ALTERS, DESTROYS, MUTILATES OR CONCEALS AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR THE AVAILABILITY OF THE OBJECT FOR USE IN AN OFFICIAL INVESTIGATION OR OFFICE PROCEEDING, TO WIT: CALLED THE VICTIM FROM JAIL AND REQUESTED HER TO APPEAR AT FIRST APPEARANCE AND STATE THAT IT WAS A MISUNDERSTANDING AND THAT THEY WERE BOTH INTOXICATED AND THAT HE DID NOT HIT HER AND TRIED TO PERSUADE HER IN OTHER MEANS TO DROP THE CHARGES, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 914.22(1)(A). ON 062015 AT APPROXIMATELY 2217 HOURS, I RESPONDED TO 8807 EAST ECHO COURT IN INVERNESS, IN REFERENCE TO A VIOLATION OF INJUNCTION FOR PRETRIAL RELEASE. I MADE CONTACT WITH THE VICTIM WHO ADVISED ME ON 062015, THE DEFENDANT HAD CONTACTED HER VIA TELEPHONE FROM THE CITRUS COUNTY DETENTION FACILITY NUMEROUS TIMES STARTING AT APPROXIMATELY 0400 HOURS ON 062015, WHERE THE DEFENDANT REQUESTED THAT THE VICTIM COME POST BAIL. WHEN THE VICTIM REFUSED TO DO SO, THE DEFENDANT CONTINUED TO ATTEMPT TO CONTACT THE VICTIM WHERE OVER THE COURSE OF SEVERAL HOURS THE DEFENDANT HAD CALLED HER APPROXIMATELY SIX TO EIGHT TIMES. THE VICTIM STATED THAT PRIOR TO FIRST APPEARANCE, THE DEFENDANT CONTACTED HER AND REQUESTED SHE BE PRESENT FOR FIRST APPEARANCE AND REQUEST CHARGES TO BE DROPPED AND TO INFORM THE JUDGE THAT IT WAS A COMPLETE MISUNDERSTANDING THAT THEY WERE BOTH INTOXICATED AND THAT THE DEFENDANT DID NOT BATTERY HER. WHEN THE VICTIM INFORMED THE DEFENDANT SHE WOULD NOT DO THAT, SHE DISCONNECTED THE TELEPHONE AT THAT TIME. LATER THE DEFENDANT CONTACTED HER AGAIN AT APPROXIMATELY 1000 HOURS STATING HE HAD GONE TO FIRST APPEARANCE AND THE JUDGE HAD ISSUED HIM A $1,000.00 BOND. AGAIN THE DEFENDANT REQUESTED THE VICTIM TO POST BOND FOR HIM AND AFTER DOING SO, THE DEFENDANT WISHED TO BE PICKED UP FROM THE DETENTION FACILITY BY THE VICTIM. THE VICTIM STATED SHE IS IN FEAR FOR HER SAFETY AND IS SCARED FOR RETALIATION FOR WHEN THE DEFENDANT IS RELEASED. THE VICTIM STATED THAT THE DEFENDANT HAD CONTACTED HER BETWEEN TEN AND FIFTEEN TIMES, BOTH PRIOR TO FIRST APPEARANCE AND AFTER FIRST APPEARANCE. WITH THE DEFENDANT HAVING BEEN INFORMED BY THE JUDGE THAT THERE IS TO BE ABSOLUTELY NO CONTACT WITH THE VICTIM, THE DEFENDANT KNOWINGLY AND WILLINGLY DISOBEYED THIS JUDICIAL ORDER PREVIOUSLY GIVEN TO HIM AND ACTED ON HIS OWN ACCORD. I REQUESTED THE VICTIM TO FILL OUT A SWORN WRITTEN STATEMENT PERTAINING TO THE TAMPERING ASPECT AND THE VIOLATION OF THE PRETRIAL RELEASE. THE STATEMENT WAS SIGNED AND COLLECTED. A WITNESS, MR THEODORE KERN, ALSO PROVIDED A SWORN WRITTEN STATEMENT SAYING HE WAS PRESENT WITH THE VICTIM AT THE TIME THE DEFENDANT HAD CONTACTED HER AND STATED HE WITNESSED SIX OR EIGHT TELEPHONE CALLS FROM THE DEFENDANT FROM THE CITRUS COUNTY DETENTION FACILITY. THE SWORN WRITTEN STATEMENT WAS COLLECTED FROM THIS WITNESS. ON 062115, I THEN RESPONDED OUT TO THE CITRUS COUNTY DETENTION FACILITY WHERE I MADE CONTACT WITH THE DEFENDANT AT APPROXIMATELY 0128 HOURS. I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA A PREPRINTED AGENCY APPROVED MIRANDA CARD. WITH HAVING HIS RIGHTS IN MIND, HE CHOSE TO SPEAK WITH THIS DEPUTY. I QUESTIONED THE DEFENDANT IN REGARDS TO WHY HE HAD CONTACTED THE VICTIM AFTER HAVING BEEN INSTRUCTED THERE IS TO BE NO CONTACT. THE DEFENDANT VERBALLY ADMITTED POST MIRANDA THAT HE CONTACTED THE VICTIM BECAUSE HE NEEDED HER HELP AND THAT SHE IS THE ONLY PERSON HE KNOWS THAT CAN HELP HIM. I ASKED HIM HOW MANY TIMES HE CONTACTED HER, WHERE HE STATED A FEW. I ASKED IF HE HAD CONTACTED HER AFTER HE WAS AT FIRST APPEARANCE WHERE HE ADMITTED YES AND AGAIN STATED "I JUST NEED HER HELP." I QUESTIONED THE DEFENDANT ABOUT TAMPERING WITH THE VICTIM AND TRYING TO PERSUADE THE VICTIM INTO CHANGING HER STORY AND APPEARING AT FIRST APPEARANCE TO STATE THAT IT WAS A MISUNDERSTANDING AND REQUEST THAT THE CHARGES BE DROPPED. THE DEFENDANT STATED THAT HE "JUST DOESN'T KNOW WHAT TO DO RIGHT NOW AND NEEDED HER HELP." WITH HAVING THE DEFENDANT'S VERBAL ADMISSION OF GUILT POST MIRANDA, I ADVISED HIM HE WAS BEING PLACED UNDER ARREST AND BEING CHARGED WITH VIOLATION OF THE PRETRIAL RELEASE AND TAMPERING WITH A VICTIM OR WITNESS AND THAT HIS BOND WOULD BE SET AT PER THE BOND SCHEDULE. THE DEFENDANT WAS TURNED OVER TO DETENTION FACILITY STAFF FOR BOOKING AND PROCESSING. I REQUESTED CORRECTIONS CORPORATION OF AMERICA ADMINISTRATION TO PROVIDE AN AUDIO RECORDING OF THE RECORDED TELEPHONE CONVERSATIONS BETWEEN THE DEFENDANT AND THE VICTIM FOR EVIDENTIARY PURPOSES. THIS RECORDINGS WILL BE COLLECTED AS SOON AS AVAILABLE AND LATER TURNED INTO EVIDENCE. NO FURTHER ACTION WAS TAKEN BY THIS DEPUTY AT THIS TIME. |
