| Probable cause affidavit: |
SUBMITTED BY: BEETOW, CHARLES 0295 (AR08106248) unlawfully enter or remain in a certain STRUCTURE, to-wit: A RECEPTIONIST'S OFFICE LOCATED IN VANDERVALK RESTAURANT, IN THE COUNTY AND AFORESAID, the property of VANDERVALK, without said person's consent, with the intent to commit AN offense therein, and in the course thereof did unlawfully commit battery upon THE VICTIM, by actually and intentionally touching or striking A KNOWN WHITE FEMALE against HER will, or intentionally causing bodily harm to A KNOWN WHITE FEMALE, and the said RECEPTIONIST'S OFFICE IN VANDERVALK RESTAURANT was not open to the public at the time, and THE DEFENDANT was not licensed or invited to enter or remain in said OFFICE OF VANDERVALK RESTAURANT, in violation of Florida Statutes 810.02(1) and 810.02(2)(a) AND DID KNOWINGLY ENGAGE IN ANY CONDUCT THAT CAUSED BODILY INJURY TO ANOTHER PERSON OR DAMAGED THE TANGIBLE PROPERTY OF ANOTHER PERSON OR THREATENED TO DO SO WITH THE INTENT TO RETALIATE AGAINST ANY PERSON WHO IS A VICTIM, WITNESS OR INFORMANT IN AN OFFICIAL PROCEEDING, IN VIOLATION OF FLORIDA STATUTE 914.23. ON 111308 AT APPROXIMATELY 1745 HOURS, I WAS DISPATCHED TO THE VANDERVALK RESTAURANT IN REFERENCE TO A PHYSICAL ALTERCATION THAT HAD JUST OCCURRED. UPON ARRIVAL, I MET WITH THE VICTIM, THE DEFENDANT'S HUSBAND AND AN OWNER OF THE ESTABLISHMENT. the VICTIM ADVISED WHILE SHE WAS ANSWERING TELEPHONES, BEHIND AN ENCLOSED OFFICE AREA WHICH IS NOT OPEN TO THE PUBLIC AND SEPARATED BY A WOODEN DOOR AND A FOUR FOOT HIGH WOOD AND GRANITE COUNTERTOP, SHE LOOKED UP TO SEE A BLACK FEMALE, KNOWN TO HER AS MS AMANDA GAMATI (DEFENDANT.) THE VICTIM ADVISED THAT AMANDA HAD TELEPHONED VANDERVALK APPROXIMATELY SIX TIMES REQUESTING TO SPEAK WITH HER HUSBAND. WHEN THE VICTIM ADVISED THE DEFENDANT HER HUSBAND WAS BUSY, THE DEFENDANT THREATENED SEVERAL TIMES THAT IF SHE DID NOT TALK TO HER HUSBAND, SHE WOULD COME UP THERE AND "BEAT HER ASS." WHEN THE DEFENDANT CAME IN THE DOOR, THE VICTIM ALSO NOTICED A BLACK MALE AT THE DOOR. THE VICTIM ADVISED SHE ASSUMED THAT THE DEFENDANT WAS GOING TO WALK BACK TO THE BAR AREA TO SPEAK WITH HER HUSBAND. MOMENTS LATER, WHILE LOOKING AT THE COMPUTER AND ON THE TELEPHONE, THE VICTIM LOOKED OUT THE CORNER OF HER RIGHT EYE AND SAW THE DEFENDANT COMING AFTER HER. THE VICTIM ADVISED THAT NEXT THING SHE KNEW, THE DEFENDANT WAS ON TOP OF HER, STRIKING HER SEVERAL TIMES, AND THERE WAS AN UNKNOWN SUBJECT DRAGGING HER BY HER LEG OUT FROM UNDERNEATH THE DEFENDANT. THE VICTIM ADVISED AFTER SHE WAS ABLE TO GET FREE, SHE WENT INTO A SEPARATE OFFICE, LOCKED THE DOOR BEHIND HER AND NOTIFIED THIS AGENCY. THE VICTIM ALSO STATED THE DEFENDANT'S HUSBAND WAS OBSERVED TO BE PULLING THE DEFENDANT OFF OF THE VICTIM. SHE ADVISED SHE HEARD YELLING FROM WHAT WAS LATER DETERMINED TO BE ONE OF THE OWNERS OF THE RESTAURANT. I DID OBSERVE SWELLING ON THE VICTIM'S RIGHT EYE, A MINOR ABRASION AND BRUISING TO HER RIGHT FOREARM AND A SMALL ABRASION ON HER RIGHT KNEE. AFTER GAINING THE VICTIM'S INFORMATION AND A SWORN WRITTEN STATEMENT, CONTACT WAS MADE WITH THE DEFENDANT'S HUSBAND. HE DID ADVISE THAT EARLIER IN THE AFTERNOON, BETWEEN 1400 HOURS AND 1600 HOURS, HE HAD BRIEFLY SPOKEN TO HIS WIFE WHO WAS EXTREMELY UPSET THAT A DETECTIVE FROM OUR AGENCY HAD INTERVIEWED HER IN REFERENCE TO CASE NUMBER 08080779. HE DID ADVISE HER HE DID NOT HAVE TIME TO TALK WITH HER AND THAT HE WOULD CALL HER LATER. A SHORT TIME THEREAFTER, HE HEARD A COMMOTION AND HOLLERING COMING FROM THE RECEPTIONIST'S ROOM. HE ADVISED HE CAME OUT FROM BEHIND THE BAR, WHERE HE WAS WORKING, AND OBSERVED HIS WIFE/DEFENDANT ON TOP OF THE VICTIM. HE ALSO OBSERVED A BLACK MALE PULLING THE TWO APART AND PULLING THE VICTIM OUT FROM UNDER HIS WIFE/DEFENDANT. HE ADVISED HE PICKED UP HIS WIFE AT THE SAME TIME AS THE OTHER BLACK MALE, WITNESS ONE, PULLED THE VICTIM AWAY FROM THE DEFENDANT. THE DEFENDANT'S HUSBAND ADVISED THAT THE DEFENDANT WAS EXTREMELY UPSET, IRATE AND BLAMING THE VICTIM FOR CALLING IN AN OFFICIAL REPORT AND LISTING HER AS THE SUSPECT IN THE AFOREMENTIONED CASE. THE DEFENDANT'S HUSBAND ADVISED THAT SHE/DEFENDANT LEFT IN HER VEHICLE WITH WITNESS ONE. A SWORN WRITTEN STATEMENT WAS PROVIDED BY THE DEFENDANT'S HUSBAND. CONTACT WAS made WITH THE OWNER OF THE RESTAURANT WHO STATED THAT HE HEARD A COMMOTION OCCURRING IN THE RECEPTIONIST'S OFFICE. HE STATED HE OBSERVED A BLACK MALE STANDING IN THE OFFICE ALONG WITH HIS EMPLOYEE AND HIS EMPLOYEE'S WIFE/DEFENDANT. HE ADVISED ALL THREE PARTIES WERE ARGUING AND HE ORDERED THEM OUTSIDE. AT THAT TIME, HE FOUND OUT THAT THE VICTIM WAS HIS RECEPTIONIST. I ASKED THE OWNER IF THE RECEPTIONIST'S OFFICE WAS OPEN TO THE PUBLIC, TO WHICH HE STATED "ABSOLUTELY NOT." HE ADVISED NO ONE BELONGED BEHIND THE DOOR EXCEPT FOR MANAGEMENT AND THE RECEPTIONIST. AFTER GAINING THE INFORMATION OF ALL PARTIES, A BUSINESS CARD BEARING THIS AGENCY'S CASE NUMBER WAS GIVEN TO THE VICTIM. SHE WAS ADVISED OF THE PROCEDURE TO FOLLOW TO OBTAIN AN INJUNCTION FOR PROTECTION AGAINST THE DEFENDANT IN REFERENCE TO THIS CASE, TO WHICH SHE STATED SHE UNDERSTOOD. A SHORT TIME LATER, CONTACT WAS MADE WITH WITNESS ONE. AFTER VERIFYING HIS IDENTITY HE WAS ASKED WHAT HAD HAPPENED. HE ADVISED THE DEFENDANT CAME TO HIS RESIDENCE TO DROP OFF HER CHILDREN FOR HIS GIRLFRIEND TO WATCH. HE ADVISED THAT SHE WAS EXTREMELY UPSET AND ANGRY BECAUSE THE SHERIFF'S OFFICE HAD INTERVIEWED HER AS A SUSPECT IN A PENDING CASE. WITNESS ONE ALSO ADVISED THE DEFENDANT STATED THAT THE VICTIM HAD FILED THE COMPLAINT IN REFERENCE TO THE PREVIOUS CASE. WITNESS ONE, FEARING THAT THE DEFENDANT WAS ACTING IRRATIONALLY AND THAT SHE WAS GOING TO DO SOMETHING "STUPID," RODE WITH HER TO VANDERVALK RESTAURANT. HE STATED THAT HE ASSUMED THE DEFENDANT WAS GOING TO TALK TO HER HUSBAND, HOWEVER, WHEN THEY ARRIVED AT THE BUSINESS, THINGS TOOK A TURN FOR THE WORSE. WITNESS ONE ADVISED THAT THE DEFENDANT WALKED IN MOMENTS BEFORE HE REACHED THE DOORWAY. WITNESS ONE ADVISED THAT THE DEFENDANT, INSTEAD OF TALKING TO HER HUSBAND, WENT THROUGH THE DOOR AND STARTED TO BEAT ON THE RECEPTIONIST. AS HE WALKED AROUND, IN TO THE RECEPTIONIST'S OFFICE, HE OBSERVED THE DEFENDANT'S HUSBAND GRAB THE DEFENDANT AND PICK HER UP. WHILE HE PICKED THE DEFENDANT UP, WITNESS ONE WAS ABLE TO PULL THE VICTIM FREE. WITNESS ONE STATED THAT THE VICTIM DISAPPEARED WHICH WAS WHEN THE OWNER OF THE RESTAURANT ORDERED THEM OUTSIDE. WITNESS ONE ADVISED THAT THE DEFENDANT AND HER HUSBAND SCREAMED BACK AND FORTH AT EACH OTHER AND THAT SHE BLAMED THE VICTIM FOR THE SHERIFF'S OFFICE BEING AT HER RESIDENCE. AT THAT TIME, WITNESS ONE WAS ABLE TO GET THE DEFENDANT INTO HER VEHICLE AND THEY LEFT THE AREA. WITNESS ONE ADVISED THE DEFENDANT DROPPED HIM OFF AT HIS RESIDENCE AND SHE LEFT IN AN UNKNOWN DIRECTION. IT SHOULD BE NOTED A REGIONAL BOLO FOR THIS COUNTY WAS ISSUED FOR THE DEFENDANT AND HER VEHICLE. LATER IN THE EVENING, I WAS CONTACTED BY DISPATCH AND ADVISED THAT THE DEFENDANT HAD TURNED HERSELF IN AT THE SHERIFF'S OFFICE OPERATION'S CENTER IN INVERNESS. MYSELF AND LIEUTENANT VICK INTERVIEWED THE DEFENDANT AFTER READING HER MIRANDA WARNINGS VIA PRE-PRINTED TEXT. THE DEFENDANT STATED SHE UNDERSTOOD HER RIGHTS AND WOULD SPEAK WITH US. THE DEFENDANT ADVISED THAT A DETECTIVE FROM THIS AGENCY CAME TO HER RESIDENCE AND ACCUSED HER OF BEING A SUSPECT AND SENDING THREATENING E-MAILS TO EVERYBODY ON 'MYSPACE.COM.' SHE ALSO ADVISED THAT OUR AGENCY HAD BOTCHED AND MISHANDLED EVERY COMPLAINT SHE HAD FILED AGAINST THE VICTIM IN THE PREVIOUS CASE. SHE DID STATE SHE WAS UPSET AND WENT TO THE RESTAURANT TO TALK WITH HER HUSBAND IN PERSON, BECAUSE THE VICTIM HAD ALLEGEDLY REFUSED TO LET HIM SPEAK WITH HER. AFTER HER ARRIVAL, THE DEFENDANT STATED THAT WHEN SHE WALKED INTO THE BUILDING, THE VICTIM LOOKED AT HER, SAID SOMETHING SMART AND THEN STOOD UP. AT THAT TIME, THE DEFENDANT ADVISED SHE ANSWERED BACK AND THE VICTIM THREW A TELEPHONE AT HER, AT WHICH TIME SHE ADVISED SHE WALKED IN TO THE RECEPTIONIST'S OFFICE AND ENGAGED IN A PHYSICAL ALTERCATION. WHILE SPEAKING WITH THE DEFENDANT, SHE DID STATE THAT SHE BLAMED THE VICTIM FOR CALLING IN THE REPORTS AGAINST HER AND FEELS THAT THIS AGENCY IS NEGLIGENT IN HANDLING HER CLAIMS. THE DEFENDANT WAS ADVISED THAT SHE WAS BEING PLACED UNDER ARREST FOR BURGLARY WITH BATTERY AND RETALIATION AGAINST A WITNESS/VICTIM/INFORMANT. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, SECURED IN the REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE SHE WAS BOOKED, PROCESSED AND HELD ON A COMBINED BOND OF $15,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
