| Probable cause affidavit: |
SUBMITTED BY: SETTLES, KATHERINE 0113 (AR15-16468) 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 SHOVED THE VICTIM IN HIS CHEST, WHICH MADE HIM STUMBLE BACKWARDS TWO TO THREE STEP, AFTER A VERBAL ALTERCATION, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 091715, I RESPONDED TO SOUTH HULL TERRACE, IN HOMOSASSA, IN REFERENCE TO A DISTURBANCE. I WAS ADVISED THAT THE VICTIM WAS AT HIS RESIDENCE AND THE SUSPECT WAS MOWING THE NEIGHBORâS YARD. UPON ARRIVAL ON HULL TERRACE, I WAS FIRST FLAGGED DOWN BY THE DEFENDANT, MR ALAN TOLER, AT WHICH TIME HE TOLD ME THAT THE RESIDENCE WHERE I WAS GOING WAS CONTINUOUSLY HARASSING HIM AND OTHER NEIGHBORS IN THE NEIGHBORHOOD. I ADVISED THE DEFENDANT THAT I WOULD BE BACK TO SPEAK WITH HIM, BUT I NEEDED TO SPEAK WITH THE VICTIM FIRST. THE VICTIM, MR JOSEPH TROWBRIDGE, ADVISED THAT HE WAS TAKING HIS DOG FOR A WALK DOWN HULL TERRACE, WHICH PLACED HIM TRAVELING ON THE WEST SIDE OF THE STREET TRAVELING SOUTH. HE ADVISED HE OBSERVED THE DEFENDANT TO BE MOWING THE DEFENDANT âS NEIGHBORS YARD. THE VICTIM ADVISED THAT WHEN HE TURNED AROUND TO HEAD BACK TOWARDS HIS RESIDENCE, TRAVELING NORTH ON THE EAST SIDE OF THE STREET, HE LOOKED AT THE DEFENDANT WHO WAS MOWING, AT WHICH TIME THE DEFENDANT LOOKED UP AND SMILED AT HIM. THE VICTIM STATED THAT HE NEVER SAID A WORD, BUT THE DEFENDANT CAME STORMING OUT TO THE ROAD AFTER SHUTTING THE MOWER OFF. HE ADVISED THAT THE DEFENDANT THEN STEPPED ON HIS LEFT FOOT AND PUSHED HIM IN THE CHEST WITH BOTH HANDS. THE VICTIM ADVISED THE DEFENDANT THAT HE HAD MESSED UP NOW AND HE WAS CALLING THE COPS. THE VICTIM PROVIDED A WRITTEN STATEMENT OF HIS ACCOUNTS OF THE INCIDENT. THE VICTIM PULLED THE NECKLINE DOWN OF HIS SHIRT TO SHOW ME WHAT HE DESCRIBED AS REDNESS ON HIS UPPER CHEST; HOWEVER, I DID NOT NOTICE ANY MARKS OR BRUISING. I CONDUCTED A CRIME SCENE TECHNICIANâS REPORT WHILE ON SCENE. I THEN RESPONDED TO TALK TO THE DEFENDANT AND WITNESSES IN THE AREA. UPON SPEAKING WITH THE DEFENDANT, HE ADVISED HE WAS MOWING THE NEIGHBORâS YARD AND THE VICTIM WALKED PASSED THE RESIDENCE WHERE HE WAS MOWING AND WAS YELLING AT HIM AND CALLING HIM DEROGATORY NAMES, WHICH THE DEFENDANT IGNORED. WHEN THE VICTIM CAME BACK, HEADING TOWARDS HIS RESIDENCE, THE DEFENDANT STATED THAT THE VICTIM AGAIN STARTED CALLING HIM DEROGATORY NAMES AND CURSING AT HIM VERY LOUDLY FROM THE ROAD. THE DEFENDANT ADVISED THAT HE WENT TO SPEAK TO THE VICTIM AND ASKED HIM TO REPEAT WHAT HE HAD SAID. THE DEFENDANT INITIALLY STATED THAT HE DID NOT STRIKE THE VICTIM, BUT HE DID ACCIDENTLY STEP ON HIS FOOT. THE VICTIM ADVISED THAT HE DID NOT SUSTAIN ANY INJURY TO HIS FOOT. THE DEFENDANT THEN RECANTED HIS STATEMENT AND SAID THAT HE DID NOT HIT THE VICTIM, BUT HE SHOVED THE VICTIM WITH HIS HANDS TO GET HIM OUT OF HIS FACE. THE INDEPENDENT WITNESSES IN THE NEIGHBORHOOD ALL HAD THE SAME ACCOUNTS OF THE INCIDENT. THEY ADVISED THERE WAS A VERBAL CONFRONTATION BETWEEN THE DEFENDANT AND THE VICTIM IN THE ROADWAY, WHEN TWO OF THE WITNESSES SAW THE DEFENDANT PUSH/SHOVE THE VICTIM OUT OF HIS FACE. THE THIRD WITNESS STATED THAT SHE HEARD THE ARGUMENT, BUT SHE NEVER WITNESSED IT. OF THE WITNESSES COULD ADVISE WHO STARTED THE INCIDENT. I ADVISED THE DEFENDANT THAT IF HE WOULD HAVE STAYED IN HIS YARD AND CONTINUED TO MOW THAT HE WOULD NOT HAVE BEEN ARRESTED FOR MEETING THE VICTIM IN THE ROAD BEING CALLED OUT. THE DEFENDANT WAS ALLOWED TO SECURE HIS RESIDENCE AND VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY, WITHOUT INCIDENT. THE DEFENDANTâS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. THE WRITTEN STATEMENTS WILL BE SUBMITTED TO RECORDS. |
