| Probable cause affidavit: |
SUBMITTED BY: LABELLE, JONATHAN 0385 (AR09107018) 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: STRIKE THE VICTIM IN THE FACE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 010409 AT APPROXIMATELY 1042 HOURS, I RESPONDED TO SWEETBAY GROCERY, LOCATED AT 1651 SOUTHEAST HIGHWAY 19 IN CRYSTAL RIVER, IN REFERENCE TO A BATTERY IN PROGRESS. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, THE MANAGER FOR SWEETBAY GROCERY, WHO ADVISED THAT ON 010409 AT APPROXIMATELY 1030 HOURS, HE WAS SITTING IN HIS OFFICE DOING PAPERWORK WHEN HE HEARD SOMEONE YELLING AND CUSSING ON THE SALES FLOOR. THE VICTIM ADVISED HE WENT ONTO THE SALES FLOOR AND SAW A MAN AND A WOMAN, AND THE MAN WAS YELLING AT SOMEONE. THE VICTIM STATED HE APPROACHED THE SUBJECTS AND ASKED IF HE NEEDED TO CALL THE POLICE, AT WHICH TIME THE DEFENDANT, MR ROBERT VIENI, CAME AT HIM IN AN ANGRY MANNER, CURSING AND SAYING HE WAS GOING TO KILL THE VICTIM. THE VICTIM STATED THE WOMAN, LATER IDENTIFIED AS THE DEFENDANT'S MOTHER, WAS ATTEMPTING TO PUSH THE DEFENDANT AWAY FROM THE VICTIM. THE VICTIM ADVISED THE WOMAN WAS UNABLE TO DO SO, AND THE DEFENDANT HIT HIM IN THE RIGHT CHEEK AREA OF HIS FACE. THE VICTIM STATED BOTH THE WOMAN AND THE DEFENDANT THEN EXITED THE STORE. THE VICTIM DID NOT HAVE ANY MARKS OR INJURIES, BUT WAS UPSET WITH WHAT HAD OCCURRED AND DID WISH TO PURSUE CHARGES AGAINST THE DEFENDANT. I THEN MADE CONTACT WITH WITNESS ONE, WHO WAS ALSO AN EMPLOYEE OF THE SWEETBAY STORE. WITNESS ONE ADVISED SHE WAS WALKING OUTSIDE THE STORE, AT WHICH TIME THE DEFENDANT BUMPED INTO HER AND BEGAN SCREAMING AT HER, TELLING HER HE WAS GOING TO "BEAT HER ASS." WITNESS ONE ALSO STATED THAT SHE OBSERVED THE DEFENDANT STRIKE THE VICTIM. CONTACT WAS MADE WITH WITNESS TWO, WHO WAS AN EMPLOYEE OF SWEETBAY GROCERY, WHO ADVISED THE SAME ACCOUNT AS WITNESS ONE. CONTACT WAS MADE WITH WITNESSES THREE AND FOUR, BOTH ADVISED THEY HEARD THE DEFENDANT YELLING AND CAUSING A SCENE. THE WITNESSES ALSO ADVISED THAT THEY OBSERVED THE DEFENDANT STRIKE THE VICTIM WITH HIS HAND. I MADE CONTACT WITH THE DEFENDANT, WHO WAS OUTSIDE IN HIS MOTHER'S VEHICLE. HE ADVISED THAT WITNESS ONE HAD INTENTIONALLY BUMPED INTO HIM. THE DEFENDANT ADMITTED TO PUSHING THE VICTIM IN THE FACE, BUT STATED THIS WAS ONLY DUE TO THE FACT HE WAS IN FEAR FOR HIS SAFETY BECAUSE THE VICTIM CAME AT HIM IN AN INTIMIDATING WAY. CONTACT WAS MADE WITH THE DEFENDANT'S MOTHER, WHO ADVISED SHE OBSERVED THE DEFENDANT PUSH THE VICTIM IN THE FACE. SHE ALSO ADVISED THAT THE DEFENDANT WAS ON MEDICATION FOR ANGER ISSUES. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR BATTERY. HE WAS SECURED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND SET AT $500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
