| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR10116685) DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIMS BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSONS AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: PUSHED AND SHOVED THE VICTIMS WHO ARE YOUNG JUVENILES IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 090410, I WAS DISPATCHED TO THE ROLLER BARN LOCATED AT 1740 NORTH US HIGHWAY 41 IN INVERNESS IN REFERENCE TO A BATTERY THAT HAD JUST OCCURRED. UPON ARRIVAL I MADE CONTACT WITH THE COMPLAINANT, WHO ADVISED THAT EARLIER IN THE EVENING, SHE HAD WITNESSED THE DEFENDANT PUSH HER NIECE (VICTIM ONE), WHO WAS SKATING AROUND THE DESIGNATED SKATING AREA OF THE ROLLER RINK. SEVERAL HOURS LATER HER DAUGHTER (VICTIM TWO) CAME TO HER AND ADVISED THAT THE DEFENDANT HAD PUSHED HER AS WELL. THE COMPLAINANT THEN NOTIFIED MANAGEMENT. THE COMPLAINANT STATED SHE DOES DESIRE TO PROSECUTE THIS CASE AND PROVIDED ME WITH A SWORN WRITTEN STATEMENT. I THEN MADE CONTACT WITH THE DEFENDANT, MR SCOTT MARTIN, WHO WAS IN THE MANAGER'S OFFICE OF THE ROLLER RINK. THE DEFENDANT STATED THAT HE IN FACT HAD RUN INTO THE GIRLS, BUT THAT IT WAS ACCIDENTAL SINCE HE DID NOT HAVE THE ABILITY TO STOP IN TIME. THE DEFENDANT CONTINUED THAT HE COMES TO THE ROLLER RINK ALL THE TIME AND THAT HE WOULD NEVER BATTER A CHILD. WHILE I WAS INVESTIGATING THIS CASE, ANOTHER JUVENILE( VICTIM THREE) MADE CONTACT WITH THIS DEPUTY AND ADVISED THAT HE HAD BEEN SKATING AROUND THE ROLLER RINK, WHEN THE DEFENDANT CAME UPON HIM AND PUSHED HIM IN AN AGGRESSIVE MANNER. I ASKED VICTIM THREE IF HE WAS ACCIDENTLY PUSHED OR IF IT WAS INTENTIONAL ,TO WHICH VICTIM THREE ADVISED, THAT IT WAS INTENTIONAL. HE CONTINUED THAT AFTER THE DEFENDANT PUSHED HIM, HE ASKED HIM WHAT HIS PROBLEM WAS, AT WHICH TIME, THE DEFENDANT SKATED AWAY AS IF NOTHING HAD HAPPENED. A SHORT TIME LATER VICTIM THREE'S FATHER ARRIVED ON SCENE AND STATED THAT HE DESIRED TO PROSECUTE IN THIS CASE AS WELL. AS I WAS SPEAKING WITH VICTIM THREE; WITNESS TWO WHO IS NOT RELATED TO ANY OF THE VICTIM'S IN THIS CASE, MADE CONTACT WITH ME AND ADVISED ME THAT HE HAD OBSERVED THE INCIDENT IN WHICH VICTIM TWO WAS PUSHED. HE STATED THAT HE OBSERVED THE DEFENDANT SKATE UP BEHIND VICTIM TWO AND "RUN HER OVER". WITNESS TWO CONTINUED THAT THE DEFENDANT MADE NO ATTEMPT TO AVOID THE COLLISION AND THAT IT APPEARED THAT HE HAD INTENTIONALLY RUN INTO THE VICTIM TWO AND PUSHED HER. WITNESS TWO PROVIDED ME WITH A SWORN WRITTEN STATEMENT REGARDING THIS CASE. I THEN SPOKE WITH VICTIM TWO, WHO ADVISED ME THAT SHE HAD BEEN SKATING WHEN SHE BEGAN TO FALL. SHE CONTINUED THAT THE DEFENDANT SKATED UP FROM BEHIND HER, PUSHED HER AND THEN SKATED OFF. WHEN I ASKED HER IF IT WAS AN ACCIDENT OR INTENTIONAL, SHE REPLIED THAT SHE DID NOT KNOW. AT THAT TIME, I MADE CONTACT WITH WITNESS ONE VIA TELEPHONE CALL, WHO IS VICTIM ONE'S MOTHER. WITNESS ONE AND VICTIM ONE HAD LEFT THE SCENE PRIOR TO MY ARRIVAL. WITNESS ONE STATED THAT AFTER THE SECOND INCIDENT WITH THE DEFENDANT; SHE APPROACHED HIM ABOUT IT, AT WHICH TIME, HE TOLD HER THAT VICTIM ONE HAD BEEN SKATING THE WRONG WAY IN THE ROLLER RINK AND THAT HE HAD TO TEACH HER A LESSON. WITNESS ONE STATED THAT VICTIM ONE DID SUFFER AN ABRASION TO HER RIGHT ARM AS A RESULT OF THE BATTERY AND THAT SHE DESIRED TO PROSECUTE IN THIS CASE AS WELL. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE . THE ON DUTY ASSISTANT MANAGER OF THE ROLLER BARN CONTACTED THE MANAGER REGARDING THIS CASE TO DETERMINE IF THEY WOULD LIKE TO HAVE THE DEFENDANT ISSUED A TRESPASS WARNING. THE MANAGER DECLINED TO TRESPASS THE DEFENDANT FROM THE ROLLER RINK AT THIS TIME. INFORMATION WAS PROVIDED TO THE ASSISTANT MANAGER REGARDING ON HOW TO GO ABOUT TRESPASSING THE DEFENDANT FROM THE ROLLER RINK IN THE FUTURE SHOULD THEY DESIRE TO DO SO. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCJ) FOR BOOKING AND PROCESSING, WHERE HE WAS CHARGED WITH THREE COUNTS OF BATTERY AND HIS BOND WAS SET AT A TOTAL OF $1,500.00 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* |
