| Probable cause affidavit: |
SUBMITTED BY: TULLY, JAMES 1342 (AR16-19461)(16-65233) 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: STRUCK THE VICTIM IN THE HEAD AGAINST HIS WILL, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 051316 AT APPROXIMATELY 1810 HOURS, I WAS DISPATCHED TO 502 POPLAR STREET IN INVERNESS, IN REFERENCE TO A BATTERY THAT HAD JUST OCCURRED. UPON ARRIVAL, I OBSERVED A WHITE MALE LATER IDENTIFIED AS THE DEFENDANT, MR GERASIMOS ZOUMIS, RUN OUT IN THE STREET IN FRONT OF MY PATROL VEHICLE. I THEN ASKED THE DEFENDANT WHAT WAS GOING ON AND THE DEFENDANT SPONTANEOUSLY UTTERED, "HE'S GOT MY PHONE AND MY KEYS AND I WANT IT BACK." I THEN ASKED THE DEFENDANT TO RELAX AND EXPLAIN TO ME WHAT HAD HAPPENED TODAY. THE DEFENDANT THEN STATED THAT THE VICTIM, LATER IDENTIFIED AS MR TERRENCE PERRY, WAS ON HIS PROPERTY AND HE ADVISED HIM MULTIPLE TIMES TO LEAVE AND THE VICTIM WOULD NOT LEAVE, SO HE PUNCHED THE VICTIM. AT THAT TIME I ADVISED THE DEFENDANT TO STAND BY THE HOOD OF MY PATROL VEHICLE WHILE I MADE CONTACT WITH THE VICTIM. UPON MAKING CONTACT WITH THE VICTIM I ASKED WHAT HAD OCCURRED TODAY, TO WHICH THE VICTIM STATED ON TODAY'S DATE HE WAS INSIDE OF HIS RESIDENCE WHEN HIS DAUGHTER, LATER IDENTIFIED AS THE WITNESS, SUNNI BARTON, CAME INSIDE AND TOLD HIM THAT THE NEIGHBOR ASKED FOR HIM TO COME OVER AND TALK TO HIM. THE VICTIM STATED THAT HE THEN WENT OUTSIDE AND BEGAN SMOKING A CIGARETTE AND WALKED OVER TO THE PROPERTY LINE OF HIS PROPERTY AND THE DEFENDANT'S PROPERTY. IT SHOULD BE NOTED THE VICTIM AND DEFENDANT'S PROPERTY ARE SIDE BY SIDE ON THE NORTH SIDE OF THE STREET. THE VICTIM STATED THAT UPON SPEAKING WITH THE DEFENDANT A VERBAL ARGUMENT ENSUED. THE VICTIM STATED HE TURNED AROUND TO WALK AWAY AND THE DEFENDANT STRUCK HIM IN THE BACK OF THE HEAD TWICE, CAUSING HIS GLASSES TO FLY OFF OF HIS HEAD. I DID NOT OBSERVE ANY INJURIES ON THE VICTIM AND HE REFUSED EMS (EMERGENCY MEDICAL SERVICES). I ASKED THE VICTIM IF HE HAD AT ANY POINT PROVOKED THE DEFENDANT TO HIT HIM, OR IF HE HAD HIT THE DEFENDANT AT ANYTIME, TO WHICH HE STATED HE DID NOT. I NEXT MADE CONTACT WITH THE WITNESS WHO STATED SHE WAS PLAYING BASKETBALL WHEN THE DEFENDANT ASKED HER TO GO GET HER FATHER/VICTIM SO THAT HE COULD TALK TO HIM. THE WITNESS STATED SHE THEN WENT AND GOT HER FATHER/VICTIM AND HE CAME OUT AND BEGAN TALKING WITH HIM. THE WITNESS STATED THAT THE NEIGHBOR THEN BECAME UPSET AND THE TWO MEN BEGAN TO YELL. THE WITNESS STATED THAT WHEN HER FATHER/VICTIM TURNED AROUND THE DEFENDANT HIT HIM IN THE BACK OF THE HEAD. THE WITNESS AND THE VICTIM THEN IMMEDIATELY WENT INTO THE RESIDENCE AND CONTACTED THIS AGENCY. THE VICTIM DID ADMIT TO PICKING UP THE DEFENDANT'S CELLULAR TELEPHONE AND KEYS BECAUSE IT HAD FALLEN ONTO HIS PROPERTY. THE VICTIM GAVE THIS DEPUTY THE CELLULAR TELEPHONE AND KEYS, WHICH WERE RETURNED TO THE DEFENDANT. I THEN ASKED THE DEFENDANT ONCE MORE IF HE WOULD TELL ME WHAT HAD HAPPENED TODAY. THE DEFENDANT STATED THAT WHEN HE ARRIVED HOME HE HAD ASKED THE WITNESS TO GO GET THE VICTIM SO THAT HE COULD TALK TO HIM. THE DEFENDANT STATED WHEN THE VICTIM CAME OUTSIDE HE BEGAN YELLING AT HIM, WHERE HE TOLD THE VICTIM TO SLOWDOWN. THE DEFENDANT STATED THAT THE VICTIM THEN WALKED ONTO HIS PROPERTY ON THE PROPERTY LINE AND CONTINUED YELLING AT THE DEFENDANT. THE DEFENDANT ORDERED THE VICTIM TO LEAVE MULTIPLE TIMES, TO WHICH HE REFUSED AND THE DEFENDANT STATED HE PUNCHED THE VICTIM "ONE GOOD TIME." I ASKED THE DEFENDANT IF HE COULD TELL ME WHERE OR HOW HE HIT THE VICTIM, TO WHICH HE STATED HE COULD NOT. THE VICTIM, DEFENDANT, AND WITNESS FILLED OUT SWORN WRITTEN STATEMENTS WHICH WERE COLLECTED BY THIS DEPUTY AND WILL BE TURNED IN TO RECORDS THE VICTIM WAS THEN ISSUED AN AGENCY CASE CARD BEARING THIS CASE NUMBER, THIS OFFICER'S NAME AND IDENTIFICATION NUMBER, AND ADVISED TO CONTACT THIS AGENCY IF HE HAD ANY FURTHER INFORMATION PERTAINING TO THIS CASE. I THEN MADE CONTACT WITH THE DEFENDANT WHERE I ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF SIMPLE BATTERY. THE DEFENDANT STATED THAT HE UNDERSTOOD AND THAT HE HAD A BAD ANGER PROBLEM THAT HE NEEDED TO GET UNDER CONTROL. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR OF MY VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF SIMPLE BATTERY AND HIS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
