| Probable cause affidavit: |
SUBMITTED BY: REID, JUSTIN 0706 (AR12-2206) (12-137327) 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: HITTING THE VICTIM IN THE HEAD WITH A CLOSED FIST AND A WICKER BASKET, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 080112 AT APPROXIMATELY 1223 HOURS, I WAS DISPATCH TO 6015 WEST GREEN ACRES STREET IN HOMOSASSA IN REFERENCE TO A SIMPLE BATTERY THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR RANDY HOLDERBAUM, WHO SAID THAT HE WAS ASSAULTED TWICE THIS AFTERNOON BY THE DEFENDANT, MR JEFFREY GRACZYK. HE SAID THAT THE DEFENDANT CAME INTO HIS ROOM AND PROCEEDED TO PICK UP A DUFFEL BAG AND SOME OF THE CLOTHES THAT IS OWNED BY THE VICTIM. THE VICTIM STATED THAT THE DEFENDANT WAS VERY UPSET THAT HE HAD NOT MOVED OUT OF THE RESIDENCE YET. HE SAID WHEN THE DEFENDANT GRABBED HIS DUFFLE BAG WHICH HE GRABBED A HOLD OF IT AND TRIED TO PULL IT BACK. HE SAID WHEN HE WAS PULLING THE DUFFLE BAG BACK, THE DEFENDANT DROPPED THE BAG AND JUMPED ON TOP OF HIM, AND PUT HIM IN A CHOKE HOLD. HE SAID HE TALKED THE DEFENDANT INTO LETTING GO OF HIM. THE DEFENDANT THEN LEFT THE ROOM AND CAME BACK IN APPROXIMATELY FIVE MINUTES, PICKED UP THE SAME BAG AND A CLOTHES BASKET. HE SAID HE THEN GRABBED THE BAG ONCE AGAIN AND THE DEFENDANT SWUNG THE WICKER BASKET, STRIKING HIM IN THE UPPER LEFT SIDE OF HIS FACE JUST ABOVE HIS LEFT EYE CAUSING A CONTUSION THAT WAS SLIGHTLY BLEEDING. THIS DEPUTY DID OBSERVE THE VICTIMâS INJURIES, WHICH CORROBORATED WITH HIS STATEMENT. I TOOK PHOTOGRAPHS OF THE INJURIES WHICH WERE LATER TURNED IN TO EVIDENCE. I THEN MADE CONTACT WITH THE DEFENDANT WHO STATED THAT HE WAS NOT AWARE THAT HE HAD TO GO THROUGH A LEGAL EVICTION TO HAVE HIS ROOMMATE REMOVED FROM THE RESIDENCE. HE SAID HE WAS UNDER THE IMPRESSION THAT THE VICTIM WOULD BE MOVING OUT ON 080112, SO HE WENT BACK TO HIS ROOM TO HELP HIM MOVE HIS ITEMS. THE DEFENDANT STATED THAT HE DID NOT STRIKE FIRST AND THAT THE VICTIM IS THE ONE THAT CAME AFTER HIM. I THEN MADE CONTACT WITH WITNESS ONE, MS PENNY DALUZ, WHO SAID THE DEFENDANT CAME BACK TO THE DEFENDANTâS ROOM AND YELLED AT THE VICTIM âYOU NEED TO PAY WHAT YOU OWE AND I WILL HELP YOU MOVE YOUR THINGSâ. SHE SAID THE VICTIM STATED âDONâT TOUCH MY SHITâ. SHE SAID THE VICTIM THEN CAME AROUND THE SIDE OF THE BED AND THAT IS WHEN THE WITNESS TURNED TO LEAVE THE ROOM FOR A CIGARETTE AND THE NEXT THING SHE KNEW, BOTH THE DEFENDANT AND THE VICTIM FELL ON TOP OF HER CAUSING THEM TO LAND ON THE BED. SHE SAID SHE THEN HEARD THE VICTIM YELL OUT âYOU BUSTED MY EYE OPENâ AND THAT IS WHEN THE VICTIM CALLED THE SHERIFFâS OFFICE. I THEN MADE CONTACT WITH WITNESS TWO, MS DORIAN MATHEWS, WHO STATED THAT SHE AND THE DEFENDANT WERE IN THEIR BEDROOM WHEN THE DEFENDANT BECAME VERY UPSET AND TOLD HER HE WAS GOING TO THE VICTIMâS ROOM AND START MOVING HIS THINGS BECAUSE HE WAS SUPPOSED TO BE MOVED OUT BY NOW. SHE SAID SHE DID NOT SEE ANY OF THE PHYSICAL ALTERCATION OR WHO TOOK THE INITIAL SWING. SHE DID STATE HOWEVER, THE DEFENDANT DOES HAVE AN ANGER ISSUE AND CAN BE VERY AGGRESSIVE AND HAS PUSHED HER IN THE PAST. THE DEFENDANT, THE VICTIM AND WITNESS ONE ALL PROVIDED ME WITH A SWORN WRITTEN STATEMENT WHICH WERE LATER TURNED IN TO RECORDS. I ESTABLISHED THAT THE DEFENDANT WAS THE PRIMARY AGGRESSOR AND HE WAS THEN PLACED UNDER ARREST FOR SIMPLE BATTERY, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. I PROVIDED THE VICTIM WITH AN AGENCY ISSUED CASE CARD BEARING THIS CASE NUMBER AND MY IDENTIFICATION AND ADVISED THE VICTIM TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. THE VICTIM WAS ALSO PROVIDED WITH A VICTIMâS RIGHTS PAMPHLET. |
