| Probable cause affidavit: |
SUBMITTED BY: CASALVIERI, BRIAN 1265 (AR16-21004)(16-127777) 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 AND CHOKING THE VICTIM TO THE POINT OF RESTRICTING HIS AIRWAY IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 091716, I WAS DISPATCHED TO 45 SOUTH OSCEOLA STREET, IN BEVERLY HILLS, IN REFERENCE TO A BATTERY THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR AUSTIN ALBRITTON, IN THE DRIVEWAY OF HIS RESIDENCE. I IMMEDIATELY OBSERVED THE VICTIM TO HAVE MULTIPLE SCRATCHES AND INJURIES TO HIS FACE AND NECK, AS WELL AS DRIED BLOOD ON HIS SHIRT AND JEANS. THE VICTIM HAD A LONG SCRATCH BELOW HIS RIGHT EYE EXTENDING TO HIS JAW LINE, AS WELL AS A SCRATCH NEXT TO HIS RIGHT NOSTRIL. THERE WAS ALSO SWELLING AND SLIGHT BRUISING NEXT TO HIS RIGHT EYE AND MULTIPLE CIRCULAR BRUISES WITH SWELLING TO THE CENTER OF HIS FOREHEAD, POSSIBLY CONSISTENT WITH KNUCKLES. THE VICTIM ALSO HAD A BLOODY NOSE, A CUT LIP, A SCRAPE ON THE BOTTOM OF HIS CHIN, AND A SCRAPE ON THE RIGHT SIDE OF HIS THROAT. THE VICTIM EXPLAINED THAT WHILE HE WAS AT THE KANGAROO GAS STATION (8486 NORTH CARL G ROSE HIGHWAY) HE WAS CONFRONTED BY THE DEFENDANT, MR MATTHEW PARKS. THE DEFENDANT WAS UPSET AT THE VICTIM OVER A GIRL, AS WELL AS THE VICTIM SAYING HE WOULD TELL THE COPS WHERE HE WAS SAYING IN REFERENCE TO HIS OPEN WARRANT. THE VICTIM EXPLAINED THAT THE DEFENDANT APPROACHED HIM QUICKLY WITH BALLED FISTS AND WAS POSTURING AS IF HE WAS READY TO FIGHT HIM. THE VICTIM RAN ACROSS THE STREET TO REDâS RESTAURANT LOCATED AT, 8411 NORTH CARL G ROSE HIGHWAY, TO AVOID THE DEFENDANT. THE DEFENDANT BEGAN TO FOLLOW HIM, HOWEVER REMAINED IN THE KANGAROO PARKING LOT. THE VICTIM CALLED HIS GIRLFRIEND WHO WAS STILL IN THE KANGAROO PARKING LOT, AS WELL. THE DEFENDANT ANSWERED THE TELEPHONE AND TOLD THE VICTIM THAT IF HE CALLED THE COPS HE WOULD HAVE HIM KILLED, AND TO MEET HIM IN THE REDâS PARKING LOT TO TALK. THE DEFENDANT THEN MET THE VICTIM IN THE REAR PORTION OF THE REDâS PARKING LOT. THE DEFENDANT STUCK HIS HAND OUT AND SAID HE WANTED TO TALK. WHEN THE VICTIM WENT TO SHAKE HIS HAND THE DEFENDANT TOOK THE VICTIM TO THE GROUND AND PUNCHED HIM MULTIPLE TIMES IN THE FACE. THE VICTIM STATED THAT HE WAS THEN CHOKED BY THE DEFENDANT FOR A COUPLE OF SECONDS WHICH RESTRICTED HIS AIRWAY ENOUGH TO NOT BE ABLE TO BREATH. THE DEFENDANT SAID, âI AINâT GOT NOTHIN TO LOSEâ. THE VICTIM WAS ABLE TO TELL THE DEFENDANT TO STOP AND THE DEFENDANT LET HIM UP. THE VICTIM THEN RETURNED TO THE KANGAROO GAS STATION AND LEFT THE SCENE IN HIS VEHICLE. THE VICTIMâS GIRLFRIEND AND FRIEND CORROBORATED HIS STATEMENT REGARDING THE EVENTS IN THE KANGAROO PARKING LOT; HOWEVER, THEY DID NOT SEE THE PHYSICAL ALTERCATION. THE DEFENDANT WAS LATER LOCATED BY DEPUTY SANCHEZ (1242) IN THE AREA OF EAST MARSH LAKE DRIVE AND NATURE TRAIL AND WAS ARRESTED ON HIS CITRUS COUNTY WARRANT. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEPUTY SANCHEZ ADVISED ME THAT THE DEFENDANT SPONTANEOUSLY UTTERED, âYâALL ARE HERE CAUSE I BEAT THAT KIDâS ASSâ, AS WELL AS, âAUSTIN CALLED THE COPS CAUSE I BEAT HIS ASSâ BEFORE BEING PLACED UNDER ARREST FOR THE WARRANT. I RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY TO SPEAK WITH THE DEFENDANT. I MADE CONTACT WITH THE DEFENDANT IN THE CITRUS COUNTY DETENTION FACILITYâS HOLDING CELL AND READ HIM HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. I ADVISED THE DEFENDANT OF THE ALLEGATIONS AGAINST HIM AND HE STATED THAT THE VICTIM CAME AT HIM IN THE REDâS PARKING LOT AND HE DEFENDED HIMSELF BY PUNCHING HIM IN THE FACE ONCE. I ASKED THE DEFENDANT HOW HE ENDED UP IN THE REDâS PARKING LOT WITH THE VICTIM AND HE STATED THAT THE VICTIM LEFT THE KANGAROO PARKING LOT TO THE REDâS PARKING LOT BECAUSE THE VICTIM WAS AFRAID THAT THE DEFENDANT WAS GOING TO BEAT HIM UP AND THEN HE FOLLOWED THE VICTIM TO REDâS PARKING LOT. I ASKED HOW THE DEFENDANT APPROACHED THE VICTIM INITIALLY IN THE KANGAROO PARKING LOT TO MAKE THE VICTIM THINK THAT HE WAS GOING TO GET BEAT UP. THE DEFENDANT THEN DEMONSTRATED SEVERAL PACES IN THE HOLDING CELL WHERE HE CLINCHED HIS FISTS AND QUICKLY TOOK STEPS FORWARD. THE DEFENDANT STATED THAT THE VICTIM WAS THE ONE WHO WAS TRYING TO START THE FIGHT, HOWEVER DURING THE INTERVIEW HE EXPLAINED THAT HE HAD A HOLD OF THE VICTIM BY THE ARMS AND THE VICTIM WAS STATING THAT HE WAS GOING TO CALL THE COPS. THE VICTIM STATED AGAIN THAT HE WAS GOING TO CALL THE COPS AND THE DEFENDANT HIT HIM OUT OF INSTINCT. I REPEATED WHAT THE DEFENDANT HAD JUST TOLD ME AND HE THEN CHANGED HIS STATEMENT SAYING THE VICTIM WAS HOLDING ONTO HIM BY HIS SHIRT COLLAR. THE DEFENDANT ALSO SHOWED ME A SCRATCH ON HIS RIGHT INDEX FINGER KNUCKLE THAT HE STATED WAS FROM PUNCHING THE VICTIM AND HITTING HIS TOOTH. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF SIMPLE BATTERY AND HIS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. |
