Probable cause affidavit: |
SUBMITTED BY: LAMBERT, BOBBY 0480 (AR10114986) DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF SAID BATTERY DID INTENTIONALLY OR KNOWINGLY CAUSE GREAT BODILY HARM, PERMANENT DISABILITY OR PERMANENT DISFIGUREMENT TO SAID PERSON, IN VIOLATION OF FLORIDA'S STATE STATUTE 784.045(1)(A)(1). ON 052310 I WAS DISPATCHED TO CITRUS MEMORIAL HOSPITAL EMERGENCY ROOM IN REFERENCE TO A JUVENILE THAT WAS CUT WITH A KNIFE. UPON ARRIVAL, CONTACT WAS MADE WITH THE VICTIM'S MOTHER WHO STATED THAT A LOCAL NEIGHBORHOOD BOY GOING BY THE NAME ANDY, LATER IDENTIFIED AS MR ANDREW BAILEY, HAD CUT HER SON WITH A KITCHEN KNIFE CAUSING A HALF INCH LACERATION ON HIS LEFT PINKY FINGER. THE MOTHER INFORMED ME THAT SHE DID NOT WITNESS THE ALTERCATION, HOWEVER, SHE HAD WITNESSED THE DEFENDANT THREATEN THE VICTIM SEVERAL TIMES MAKING STATEMENTS TO BEAT HIM UP AND HURT HIM. THE MOTHER ALSO STATED THAT THE DEFENDANT MADE A STATEMENT TO HER THAT HE WAS GOING TO INJURE THE VICTIM AND MAKE IT LOOK LIKE AN ACCIDENT. I PROVIDED THE MOTHER WITH A WITNESS FORM WHICH SHE LATER FILLED OUT. NEXT I MADE CONTACT WITH THE JUVENILE VICTIM, WHO WAS INSIDE THE EMERGENCY ROOM. THE VICTIM STATED THAT HE WAS HANGING OUT WITH THE DEFENDANT AND SEVERAL OTHER FRIENDS AT LOT 73 TRAILS END CAMPGROUND. THE VICTIM STATED THAT HE WAS IN THE LIVING ROOM LEANING OVER THE COUCH TALKING TO WITNESS TWO WHEN HE FELT A SHARP OBJECT BEING STUCK INTO HIS BACK. THE VICTIM STATED THAT HE REACHED BEHIND HIM AND WHEN HE FELT IT WAS A METAL OBJECT, HE ADVISED HE NEXT FELT A SHARP STING WHERE HE WAS CUT. HE ADVISED HE TURNED AROUND AND NOTICED THAT IT WAS THE DEFENDANT, MR ANDREW BAILEY AND HE WAS HOLDING A LARGE KITCHEN KNIFE WITH A BLACK HANDLE. HE ADVISED THAT THE DEFENDANT IMMEDIATELY BEGAN TELLING HIM HE WAS SORRY. THE VICTIM FURTHER INFORMED ME THAT HE BELIEVED THE DEFENDANT INTENTIONALLY CUT HIS FINGER, BECAUSE OF THE THREATS HE HAS BEEN RECEIVING FROM THE DEFENDANT OVER THE PAST WEEK. THE VICTIM ALSO STATED THAT HE FELT THE DEFENDANT WAS PUSHING THE KNIFE INTO THE VICTIM'S HAND INTENTIONALLY CAUSING THE CUT AND NOT PULLING IT AWAY. THE VICTIM FURTHER ADVISED THAT APPROXIMATELY THREE DAYS PRIOR, THE DEFENDANT WAS IN A VERBAL ALTERCATION WITH HIM WHERE THE DEFENDANT POINTED A PELLET GUN AT HIS FACE AND MADE THE STATEMENT THAT "THIS IS HOW WE DO IT IN NEW YORK". THE VICTIM INFORMED ME THAT HE WAS IN FEAR OF THE DEFENDANT AND THAT OVER A WEEKS PERIOD HE HAS MADE THREATS TO CAUSE HARM TO HIM. THE VICTIM WAS UNABLE TO PROVIDE A WRITTEN STATEMENT DUE TO HIS INJURIES. I WAS ABLE TO INSPECT THE VICTIM'S BACK AND DID NOT OBSERVE ANY MARKS FROM THE DEFENDANT POKING HIM WITH THE KNIFE. DEPUTY RICHIE WHO WAS ON SCENE PRIOR TO ME WAS ABLE TO TAKE PHOTOGRAPHS OF THE VICTIM'S INJURIES, SEE CRIME SCENE TECHNICIAN REPORT. I THEN RESPONDED TO 12900 TRAILS END CAMPGROUND WHERE I MADE CONTACT WITH THE DEFENDANT, MR ANDREW BAILEY, WHO WAS WALKING IN THE ROADWAY. I INFORMED MR BAILEY THAT I WAS THERE INVESTIGATING THE ALLEGATIONS OF HIM CUTTING THE VICTIM WITH A KNIFE. THE DEFENDANT STATED THAT HE WAS AT THE LOCATION OF LOT 73 WHERE THEY WERE HANGING OUT IN THE LIVING ROOM. THE DEFENDANT STATED THAT THE VICTIM HAD HIS BACK TURNED TO HIM AND HE WAS WRESTLING WITH WITNESS TWO. THE DEFENDANT STATED THAT HE DID REMOVE A KITCHEN KNIFE FROM A DISH STRAINER THAT WAS IN THE KITCHEN AND WALKED OVER AND POKED THE VICTIM IN THE BACK WITH THE KNIFE. THE DEFENDANT STATED THAT HIS INTENT WAS NOT TO CAUSE INJURY ONLY TO PLAY A JOKE ON THE VICTIM. WHEN HE POKED THE VICTIM, THE VICTIM GRABBED THE BLADE TO THE KNIFE. THE DEFENDANT SAID HE INFORMED THE VICTIM NOT TO MOVE AS HE DID NOT WANT THE VICTIM TO GET CUT. THE DEFENDANT SAID THE VICTIM WOULD NOT LET GO OF THE BLADE AND WHEN HE REMOVED THE KNIFE, IT CAUSED A CUT ON THE VICTIM'S HAND. THE DEFENDANT ADMITTED TO HAVING SOME PREVIOUS ALTERCATIONS WITH THE VICTIM. WHEN I QUESTIONED HIM IN REFERENCE TO THE INCIDENT INVOLVING THE PELLET GUN, THE DEFENDANT STATED THAT THE VICTIM WAS THE ONE WHO POINTED THE GUN AT HIM. AT THIS TIME, I ADVISED THE DEFENDANT HE WAS UNDER ARREST FOR AGGRAVATED BATTERY, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |