| Probable cause affidavit: |
SUBMITTED BY: WARD, KELLIE 0725 (2012-37468) on 022512, i responded to 14231 west ozello trail, the island outpost in crystal river in reference to a battery. upon arrival, i made contact with the victim, mr carl eckart, who was sitting upright on a barstool. he had dried blood around his nose, on his shirt and had a laceration to the back of his skull, on the left side. the victim was confused and was unable to answer questions properly. i was told by witnesses that the victim had lost consciousness when he was struck by the defendant, mr herman gilman, and fell to the floor and hit his head. nature coast emergency medical services (ems) medic three arrived on scene and treated the victim’s injuries. the victim was then transported to seven rivers regional medical center emergency room for further treatment. i made contact with witness one, ms carol diane hackney, who advised that she witnessed the defendant slap the victim in the face, over a statement that was made two weeks ago by the victim’s girlfriend about the defendant’s sister-in-law. ms hackney stated the victim did not start the confrontation or aggravate it, that the defendant just walked over to him and slapped him. ms hackney stated the defendant then knocked the victim in the face with his elbow which caused the victim to fall to the floor. ms hackney stated after the victim got up, the defendant struck the victim again with his elbow, knocking the victim to the floor a second time. ms hackney stated when the victim fell to the floor, he struck his head, which bled, and that he was completely unconscious. ms hackney stated she then called 911. i then made contact with witness two, mr bill wilkerson, who stated he was sitting at the bar, to the right of the victim, when the defendant stood up from his stool at the bar and swung his right arm backward with force, striking the victim in the area of his face. mr wilkerson stated after the victim settled back in his barstool, the defendant swung from the same position but with greater force, knocking the victim and his barstool backward to the floor. mr wilkerson stated he and some others helped the victim back into his barstool and the defendant struck the victim a third time with his elbow ,knocking him to the floor where the victim’s head struck the floor. mr wilkerson stated the victim then lost consciousness. mr wilkerson stated the victim had blood coming from his nose and pooling from the rear of his skull. mr wilkerson stated the owner of the island outpost bar confronted the defendant and told him not to leave. however, the defendant left anyway. i made contact with witness three, mr john knight, who stated while sitting inside the island outpost bar, he saw the victim get hit three times by the defendant. he stated the defendant struck the victim with his elbow all three times and on the third strike, the victim fell to the floor and hit his head. mr knight stated the victim never saw it coming, was attacked from behind and never saw the defendant coming. i made contact with witness four, ms peggy sue broadwell, who stated she saw the defendant stand up and hit the victim two times in the face with his elbow. ms broadwell stated the victim got up and the defendant struck him again, causing the victim to hit the floor, strike his head and loose consciousness. she stated the defendant then left the scene. i made contact with witness five, mr john hackney, who stated he was standing outside on the front porch when he heard a barstool hit the floor. mr hackney stated he stepped inside and witnessed the defendant elbow the victim in the face, causing the victim to loose his balance and hit his head on the floor. mr hackney stated while the victim was lying on the floor, unresponsive, he got towels to apply to the victim’s head because it was bleeding. i made contact with witness six, ms teresa wilkerson, who stated the victim had been sitting at the bar, not saying anything, when all of a sudden the defendant elbowed the victim. ms wilkerson stated the victim fell down, got back up and the defendant struck him again, causing the victim to hit his head on the floor and loose consciousness. i made contact with the defendant at his residence at 13928 west evers court in crystal river. when i asked the defendant if he could tell me what had occurred at the island outpost bar tonight, the defendant stated the guy/victim started an argument with him. the defendant then stated he wanted a lawyer and would not provide his side of the story. at that time, the defendant was advised he was being placed under arrest for one count of simple battery. he was handcuffed (double locked) behind his back, secured in the rear seat of my patrol vehicle and transported to the citrus county detention facility for further processing. upon arrival, the defendant was booked and held on a bond of $500.00, in accordance with the bond schedule. all written statements were collected and later turned in to records. the scene was later processed by crime scene technician deputy peruche. see id services report. |
