| Probable cause affidavit: |
SUBMITTED BY: SETTLES, KATHY 0113 (AR08106290) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: A SMALL HANDGUN, WITH THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL- FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021(1)(A). ON 111608, I RESPONDED TO 440 NORTH GULF AVENUE IN REFERENCE TO A DISTURBANCE. UPON MY ARRIVAL, I OBSERVED TWO VEHICLES PARKED AT THE INTERSECTION OF AVOCADO AND GULF AVENUE WITH SEVERAL SUBJECTS STANDING AROUND THE VEHICLES WHO WERE INVOLVED IN A VERBAL ALTERCATION WITH THE DEFENDANT AND HIS FAMILY MEMBERS WHO WERE STANDING ON THE OTHER SIDE OF THE STREET ON GULF AVENUE. AS I WAS APPROACHING, FIVE ADULT VICTIMS STATED THAT THE DEFENDANT DID PULL OUT A SMALL HANDGUN DURING A VERBAL ALTERCATION, COCKED IT, AND THREATEN TO KILL ALL OF THEM. THE VICTIMS STATED THEY THEN BACKED THEIR VEHICLES AWAY FROM THE DEFENDANT'S RESIDENCE. THE VICTIMS STATED THE DEFENDANT THEN WALKED BEHIND A LARGE TRACTOR TRAILER, AT WHICH TIME, HIS WIFE CAME UP TO HIM. THEY STATED THAT WHEN THE DEFENDANT'S WIFE LEFT HIM AND STARTED WALKING BACK TOWARDS THE RESIDENCE, IT APPEARED SHE HAD SOMETHING IN HER POCKET OTHER THAN HER HAND. WHILE ATTEMPTING TO INVESTIGATE THE SITUATION, THE VICTIMS, THE DEFENDANT AND THE DEFENDANT'S FAMILY MEMBERS CONTINUED TO SCREAM AND ARGUE WITH EACH OTHER. I ATTEMPTED TO DEFUSE THE SITUATION AND CALM THE DEFENDANT DOWN; HOWEVER, HE CONTINUED TO YELL AND SCREAM, STATING THE VICTIM HAD SAID THEY WOULD DO A DRIVE-BY ON HIM AND HIS FAMILY. EVENTUALLY, I WAS ABLE TO GET THE DEFENDANT TO RESPOND TO HIS PROPERTY WITH HIS WIFE. IN SPEAKING WITH THE DEFENDANT AND HIS WIFE AND ADVISING THEM OF THE ALLEGATIONS MADE, I INQUIRED IF THEY WOULD MIND IF I SEARCHED THEIR RESIDENCE FOR A SMALL HANDGUN, AND THE DEFENDANT STATED "ALL YOU'LL FIND IS MY SHOTGUN THAT IS TAKEN APART." TO CLARIFY HIS RESPONSE, I ASKED THE DEFENDANT AGAIN IF IT WOULD BE ALRIGHT FOR ME TO SEARCH HIS RESIDENCE FOR A SMALL HANDGUN TO DISPUTE THE ALLEGATIONS MADE. THE DEFENDANT AND HIS WIFE THEN BOTH STATED THEY WOULD NOT ALLOW ME TO SEARCH THEIR RESIDENCE FOR A HANDGUN. AT THAT TIME, THE DEFENDANT WAS PLACED IN HANDCUFFS (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT SPONTANEOUSLY STATED THAT HE THOUGHT ONE OF THE VICTIMS ACTUALLY HAD A GUN IN THE WAISTBAND OF HIS PANTS . THE DEFENDANT STATED THAT THE SUBJECT HAD PUT HIS HAND IN HIS WAISTBAND AND STATED SOMETHING TO THE AFFECT OF "WE'LL TAKE CARE OF YOU.” ALL VICTIMS PROVIDED SWORN WRITTEN STATEMENTS WHICH WILL BE TURNED IN TO RECORDS. IT SHOULD BE NOTED THAT DURING THE ENTIRE VERBAL CONFRONTATION, THERE WERE THREE CHILDREN (AGES THREE, FOUR, AND A NINE MONTH OLD) IN THE VICTIMS' PRESENCE, AND A THREE YEAR OLD GRANDCHILD OF THE DEFENDANT IN THE VICINITY DURING THE ALTERCATION. *not-EXEMPT* |
