| Probable cause affidavit: |
SUBMITTED BY: MULLIINS, MARVIN 0493 (AR11123885) 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: PUNCHING THE VICTIM IN THE FACE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 121011, I WAS WORKING A DETAIL AT THE ROCK CRUSHER CANYON, AT 275 SOUTH ROCK CRUSHER ROAD IN CRYSTAL RIVER, WHEN I WAS APPROACHED BY AN UNKNOWN VENDOR AND ADVISED THAT THERE WAS A PHYSICAL ALTERCATION AT THE ENTRANCE GATE TO THE UPPER LEVEL SEATING AREA. UPON MY ARRIVAL AT THE GATE, I OBSERVED A WHITE MALE IN A BLUE SHIRT LAYING ON THE GROUND UNCONSCIOUS, AND A WHITE MALE IN A WHITE SHIRT LATER IDENTIFIED AS THE DEFENDANT, MR JOSHUA HAIGHT, STANDING ABOVE HIM. AT THAT TIME, I IMMEDIATELY TOLD JOSHUA TO STEP BACK AND ASKED HIM WHAT HAD OCCURRED. IT WAS APPARENT BECAUSE OF JOSHUA'S SLURRED SPEECH AND BLOOD SHOT EYES, AS WELL AS HIS UNSTABLE WALKING PATTERN, THAT HE WAS INTOXICATED. JOSHUA ALSO REEKED OF ALCOHOLIC BEVERAGE. JOSHUA STATED "HE PUSHED ME FIRST, SO I PUNCHED HIM", I ASKED JOSHUA TO EXPLAIN FROM THE BEGINNING WHAT HAD OCCURRED. JOSHUA ADVISED THAT EARLIER IN THE NIGHT HE WAS IN THE UPPER LEVEL SEATING AREA AND HE WALKED OUT THE FRONT GATE TO THE PARKING LOT. WHEN HE CAME BACK IN, THE FRONT GATE SECURITY PERSONNEL ADVISED HIM THAT THERE WAS NO RE-ENTRY. AT THAT TIME, THERE WAS A VERBAL ARGUMENT BETWEEN THE DEFENDANT AND THE FRONT GATE SECURITY AND IT BECAME LOUD. JOSHUA STATED THAT THE VICTIM LATER IDENTIFIED AS MR ALLEN GAINEY, THEN STEPPED BETWEEN JOSHUA AND THE SECURITY GUARD AND PUSHED JOSHUA BACK. JOSHUA THEN PUNCHED THE VICTIM IN THE FACE WHICH KNOCKED HIM TO THE GROUND. JOSHUA THEN STATED THAT HE CONTINUED TO PUNCH THE VICTIM WHILE HE WAS LAYING ON THE GROUND, THREE TO FOUR TIMES. AT THIS TIME, I SPOKE WITH SEVERAL WITNESSES INDEPENDENT OF EACH OTHER AND IN PRIVATE, WHO ALL STATED THAT THE DEFENDANT DID GET IN A VERBAL ARGUMENT WITH THE SECURITY GUARD, AND THE DEFENDANT DID BECOME EXTREMELY LOUD AND CONTINUED TO APPROACH THE SECURITY GUARD IN AN AGGRESSIVE MANNER. THE VICTIM WHO WAS STANDING IN THE VICINITY THEN STEPPED BETWEEN THE DEFENDANT AND THE SECURITY GUARD, BECAUSE THE SECURITY GUARD WAS MUCH SMALLER THAN THE DEFENDANT. ALL OF THE WITNESSES STATED THAT THE VICTIM DID PUT ONE OF HIS HANDS IN FRONT OF HIM TO MOTION JOSHUA TO STEP BACK, HOWEVER THE VICTIM DID NOT PUSH THE DEFENDANT. ALL THE WITNESSES STATED THAT THE DEFENDANT THEN PUSHED THE VICTIM TO THE GROUND AND STOOD OVER HIM, AND PUNCHED HIM IN THE FACE APPROXIMATELY NINE TO TEN TIMES. AT THAT TIME, I WENT BACK TO JOSHUA, AND PLACED HIM IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND READ HIM HIS RIGHTS VIA PRE-PRINTED MIRANDA CARD. JOSHUA STATED THAT HE UNDERSTOOD HIS RIGHTS AND HE WISHED TO SPEAK WITH ME. I ASKED JOSHUA TO AGAIN EXPLAIN TO ME WHAT HAD OCCURRED, AND HE STATED THE EXACT SAME THING HE DID BEFORE. I ADVISED JOSHUA BECAUSE I HAD SEVERAL INDEPENDENT WITNESSES STATING THAT HE WAS THE PRIMARY AGGRESSOR , I WAS PLACING HIM UNDER ARREST FOR BATTERY AND DEPUTY LANGER THEN TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. BECAUSE OF THE VICTIM'S UNCONSCIOUS STATE, AT THIS TIME, I WAS UNABLE TO OBTAIN A STATEMENT FROM HIM. THE VICTIM WAS TRANSPORTED TO CITRUS MEMORIAL HOSPITAL (CMH). "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
