| Probable cause affidavit: |
SUBMITTED BY: WEATHERFORD, DAVID 0710 (AR11119062) DID CORRUPT THE PUBLIC MORALS, OR OUTRAGE THE SENSE OF PUBLIC DECENCY, OR AFFECT THE PEACE AND QUIET OF PERSONS WHO MAY WITNESS THEM, OR ENGAGE IN BRAWLING OR FIGHTING, OR ENGAGED IN SUCH CONDUCT AS TO CONSTITUTE A BREACH OF PEACE OR DISORDERLY CONDUCT, IN VIOLATION OF FLORIDA STATE STATUTE 877.03; ON 013011, I WAS DISPATCHED TO 3092 NORTH OAKLAND TERRACE, IN REFERENCE TO FIREWORKS IN THE AREA. WHILE EN ROUTE, I PARKED MY PATROL VEHICLE IN the AREA OF THAT ADDRESS, WHEN I WAS MET BY A HISPANIC FEMALE LATER TO BE IDENTIFIED AS THE VICTIM, MS CARMEN RIVERA. SHE ADVISED ME THAT THE SUBJECT THAT WAS DOING THE FIREWORKS WAS BEHIND THE RESIDENCE ACROSS THE STREET OF 3079 NORTH OAKLAND TERRACE IN CRYSTAL RIVER. I WALKED TO THE BACK OF THE RESIDENCE, WHERE I OBSERVED A WHITE MALE LATER TO BE IDENTIFIED AS THE DEFENDANT, MR PAUL SOELCH SR, WHO ADVISED THAT HE DID NOT HAVE ANY FIREWORKS AND HE DID NOT KNOW WHAT I WAS TALKING ABOUT; HOWEVER, HE WAS TIRED OF THOSE "DAMN PUERTO RICANS" CALLING THE COPS ON THEM. MR SOELCH REPEATEDLY RAISED HIS VOICE WHEN SPEAKING WITH ME TO A YELLING TONE, AND I REPEATEDLY ADVISED HIM NOT TO YELL AT ME. WHILE TALKING TO THE DEFENDANT, A WHITE FEMALE LATER TO BE IDENTIFIED AS MS DIANA SCRIVENER, APPROACHED ME AND STATED "MY SON ONLY DID THREE DAMN FIREWORKS I WISH THOSE PUERTO RICANS WOULD LEAVE US ALONE and GO BACK TO WHERE THEY CAME FROM". MS SCRIVENER THEN SAID SHE WAS TIRED OF THIS AND TURNED AROUND and STORMED OFF. I FOLLOWED MS SCRIVENER WHO WAS RETURNING TO HER RESIDENCE, AND WHEN SHE GOT TO THE ROAD AND OBSERVED THE RESIDENCE OF 3060 NORTH OAKLAND TERRACE, SHE BEGAN TO YELL AT THE RESIDENTS THAT THEY SHOULD GO BACK WHERE THEY CAME FROM. AT THAT TIME, I INFORMED HER TO STOP YELLING AND GO INSIDE. AT THAT POINT the DEFENDANT HAD WALKED AROUND TO THE ROAD AND BEGAN TO YELL AT THE RESIDENTS OF 3060 NORTH OAKLAND TERRACE AS WELL, CALLING THEM PUERTO RICANS AND TELLING THEM THAT THEY NEEDED TO GO BACK WHERE THEY CAME FROM. I INFORMED THE DEFENDANT WHO WAS YELLING FROM his YARD ACROSS THE STREET TO THEIR YARD, TO GO BACK TO HIS RESIDENCE AND STOP YELLING OR HE WOULD BE ARRESTED, AT WHICH TIME HE DID COMPLY. I THEN RESPONDED TO 3060 NORTH OAKLAND TERRACE AND SPOKE with THE HEAD OF THE HOUSEHOLD/VICTIM, MS CARMEN RIVERA, WHO WAS STANDING AT THE FENCE WITH HER TWO SONS AND VICTIM TWO, MS LIZBETH PINTO, WHO WAS HOLDING HER INFANT CHILD. IN SPEAKING WITH THEM, THEY WERE ADVISING ME OF THE PROBLEMS THAT THEY WERE HAVING WITH THEIR NEIGHBOR. UPON DOING SO, MS DIANA SCRIVENER EXITED HER RESIDENCE AGAIN AND BEGAN TO YELL FROM YARD TO YARD. I WALKED OVER TO MS SCRIVENER AND ADVISED HER THAT THIS WAS HER LAST WARNING TO STOP YELLING AND CURSING OR SHE would BE ARRESTED, TO WHICH SHE DID COMPLY. the DEFENDANT, MR SOELCH, CAME BACK AROUND TO THE FRONT OF HIS RESIDENCE and WAS YELLING, "THEY ALWAYS CALL THE FUCKING LAW ON US AND WE don't EVER DO ANYTHING. THEM DIRTY PUERTO RICANS NEED TO GO BACK TO WHERE THEY FUCKING CAME FROM". I THEN ORDERED THE DEFENDANT TO GO BACK TO HIS RESIDENCE WHERE HE CONTINUED TO STAND THERE AND STATED "THEY ARE TALKING ABOUT ME I CAN TALK ABOUT THEM IF I WANT TOO". I THEN WALKED OVER TO 3079 NORTH OAKLAND TERRACE WHERE THE DEFENDANT WAS STANDING, AND YELLING NUMEROUS PROFANITIES. I THEN INFORMED HIM TO TURN AROUND THAT HE WAS BEING ARRESTED FOR BREACH OF PEACE. WHILE DETAINING THE DEFENDANT HE YELLED OUT, "YOU'RE ON THOSE FUCKING PIECES OF SHITS SIDE". THE DEFENDANT WAS THEN HANDCUFFED DOUBLE-LOCKED BEHIND HIS BACK AND PLACED IN the REAR SEAT OF MY PATROL VEHICLE. MS SCRIVENER WHO IS MR SOELCH'S EX-WIFE, CAME OVER TO MY LOCATION AND THE DEFENDANT ADVISED ME TO TURN HIS WALLET AND BELONGINGS OVER TO HER, AT WHICH TIME I DID. MS DIANA SCRIVENER FILLED OUT A WRITTEN STATEMENT ADVISING THAT THE DEFENDANT WAS A GOOD PERSON and always TOOK CARE OF HIS CHILDREN, BUT SOMETIMES HE GETS UPSET AND YELLS AND CURSES a lot AND SHE KNOWS that GOT HIM INTO TROUBLE TONIGHT. I THEN HAD the VICTIM MS CARMEN RIVERA FILL OUT A WRITTEN STATEMENT THAT ADVISED, AS SHE WAS TRYING TO SPEAK with ME THE DEFENDANT KEPT YELLING ACROSS THE STREET AND YELLING CURSE WORDS LIKE; "DIRTY PUERTO RICAN", "SLUT PUERTO RICAN", AND "DIRTY NASTY SPIC". I THEN RECEIVED ANOTHER WRITTEN STATEMENT FROM MS LIZBETH PINTO WHO WAS HOLDING THE INFANT. SHE ADVISED WHILE SHE WAS SPEAKING WITH ME THE DEFENDANT KEPT SCREAMING OBSCENITIES AND CURSE WORDS IN FRONT OF HER LITTLE CHILD. WHILE I WAS HAVING MS RIVERA AND MS PINTO SIGN THEIR SWORN WRITTEN STATEMENTS ON THE BACK OF MY PATROL VEHICLE, THE DEFENDANT WAS YELLING "I WILL BE BACK DON'T YOU WORRY I WILL BE BACK". ALL SWORN WRITTEN STATEMENTS WERE COLLECTED AND TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS DEPARTMENT. WHILE TRANSPORTING THE DEFENDANT TO the DETENTION FACILITY, HE REPEATEDLY STATED THAT I WAS ON THE PUERTO RICANS SIDE AND that IS WHY THERE ARE WHITE PEOPLE LIVING UNDER BRIDGES. HE ALSO STATED THAT IF HE GOT OUT OF JAIL TONIGHT THAT WE WOULD PROBABLY BE going BACK AND ARRESTING HIM because HE WAS "GOING TO GET THOSE PUERTO RICANS". UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS BOOKED AND PROCESSED AND HIS BOND WAS SET AT $150, PER THE BOND SCHEDULE. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
