| Probable cause affidavit: |
SUBMITTED BY: YERBURY, CHAD 1244 (AR 16-20933) 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: THE DEFENDANT PUNCHED THE VICTIM IN THE FACE MULTIPLE TIMES, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 091116, AT APPROXIMATELY 1402 HOURS, I WAS DISPATCHED TO THE KANGAROO EXPRESS LOCATED AT 8486 NORTH CARL G ROSE HIGHWAY, DUNNELLON, IN REFERENCE TO A DISTURBANCE. UPON ARRIVAL, CONTACT WAS MADE WITH THE VICTIM, MS KERRY MITARITONNO. SHE STATED THAT AT APPROXIMATELY 1400 HOURS, MS JENNIFER OBRIEN, LATER IDENTIFIED AS THE WITNESS, AND THE DEFENDANT, MS KARA KLATT, ARRIVED AT THE CONVENIENCE STORE. THE VICTIM ADVISED SHE WAS STANDING OUTSIDE ON A SMOKE BREAK WHEN WITNESS AND THE DEFENDANT ARRIVED AT THE STORE. SHE STATED THEY WERE IN A GRAY TWO DOOR CHEVROLET BEARING FLORIDA LICENSE PLATE GBIQ27. THE VICTIM STATED THAT SHE AND THE WITNESS WERE INVOLVED IN A VERBAL CONFRONTATION AND A SHORT TIME LATER THE DEFENDANT JOINED THE ALTERCATION IN AN ATTEMPT TO DEFEND THE WITNESS. THE VICTIM STATED THE DEFENDANT ENTERED THE STORE, STILL INVOLVED IN A VERBAL ALTERATION WITH HER. THE VICTIM ADVISED SHE FOLLOWED THE DEFENDANT INSIDE THE STORE AND THE DEFENDANT TURNED AND STRUCK HER MULTIPLE TIMES IN THE HEAD AND FACE WITH A CLOSED FIST, CAUSING AN ABRASION ON THE LEFT SIDE OF HER FOREHEAD AS WELL AS RED MARKS AND BRUISING ON MULTIPLE AREAS OF HER FACE. THE VICTIM STATED SHE DID DEFEND HERSELF BY SWINGING BACK AND STRUCK THE DEFENDANT AS WELL. THE ALTERATION CONTINUED UNTIL AN UNKNOWN WHITE MALE STEPPED IN A BROKE UP THE ALTERCATION. THE VICTIM STATED THAT RIGHT AFTER THE PHYSICAL ALTERCATION THE DEFENDANT LEFT THE STORE. THE DEFENDANT AND THE WITNESS THEN LEFT THE AREA IN THE GRAY CHEVROLET VEHICLE. AT THAT TIME, THE VICTIM WAS ABLE TO SHOW ME THE STORE SURVEILLANCE THAT RECORDED THE ALTERCATION. I OBSERVED THE DEFENDANT TO HAVE REDDISH/BLOND HAIR, SHORT BLUE JEAN SHORTS, AND A BLACK TANK TOP. I OBSERVED THE WITNESS AND DEFENDANT PARK DIRECTLY IN FRONT OF THE STORE IN WHAT APPEARED TO BE A GREY TWO DOOR VEHICLE. I OBSERVED ALL PARTIES STANDING IN FRONT OF THE STORE COMMUNICATING. I THEN OBSERVED AN INSIDE VIEW NEAR THE REGISTER WHERE THE DEFENDANT TURNED AROUND AND STRUCK THE VICTIM MULTIPLE TIMES WITH HER FIST. IN MY OBSERVATION IT DID APPEAR THAT THE VICTIM DID ATTEMPT TO DEFEND HERSELF AND STRUCK BACK, HITTING THE DEFENDANT. THE DEFENDANT WAS DETERMINED TO BE THE PRIMARY AGGRESSOR. THE VICTIM PROVIDED THE DEFENDANTâS NAME, BUT SHE DID NOT KNOW WHERE SHE RESIDED. THE VICTIM ADVISED THE DEFENDANT WOULD PROBABLY BE AT THE WITNESSES RESIDENCE AND DID PROVIDE THAT ADDRESS. I COLLECTED THE VIDEO WHICH WILL BE TURNED IN TO EVIDENCE. I RESPONDED TO THE WITNESSES ADDRESS AT 6373 NORTH TAMARIND AVENUE, DUNNELLON, WHERE I MET WITH THE WITNESS. SHE STATED THAT WHILE SHE WAS AT THE KANGAROO SHE GOT IN TO A VERBAL ALTERCATION WITH THE VICTIM. SHE ADVISED HER FRIEND, THE DEFENDANT, WAS ALSO INVOLVED IN A VERBAL ALTERCATION WITH THE VICTIM. SHE STATED THE DEFENDANT CONTINUED THE ALTERCATION WITH THE VICTIM INSIDE THE STORE WHERE IT BECAME PHYSICAL. THE WITNESS COULD NOT ADVISE WHO STARTED THE FIGHT. UPON MY ARRIVAL I OBSERVED THE DEFENDANT TO HAVE LONG REDDISH/BLOND HAIR, BLUE JEAN SHORTS, AND A TANK TOP WHICH MATCHED THE SUBJECT IN THE STORE SURVEILLANCE VIDEO. CONTACT WAS MADE WITH THE DEFENDANT. I READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS, TO WHICH SHE REPLIED THAT SHE DID. I THEN ASKED HER IF SHE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH SHE ADVISED THAT SHE DID. THE DEFENDANT ADVISED THAT SHE AND THE WITNESS DID GO UP TO THE KANGAROO STORE. SHE STATED SHE WAS WITH THE WITNESS WHEN THE WITNESS GOT IN TO A VERBAL ALTERCATION WITH THE VICTIM. THE DEFENDANT STATED IT WAS NOT EVEN HER ARGUMENT, BUT SHE FELT SHE HAD TO DEFEND THE WITNESS. SHE STATED THE ALTERCATION BECAME PHYSICAL ONCE SHE ENTERED THE STORE. THE DEFENDANT STATED SHE DID STRIKE THE VICTIM IN THE FACE, HOWEVER SHE COULD NOT REMEMBER WHO SWUNG FIRST OR HOW MANY TIMES SHE STRUCK THE VICTIM. I ADVISED THE DEFENDANT SHE WAS BEING PLACED UNDER ARREST FOR SIMPLE BATTERY. THE DEFENDANT WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE FOR TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. |
