| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (AR13-7207) (13-122254) 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: STRIKING THE VICTIM IN THE FACE, JUMPING ON THE VICTIMâS BACK AND TRIED TO PUSH THE VICTIM OUT THE FRONT DOOR OF THE RESIDENCE IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 090713 AT APPROXIMATELY 1121 HOURS, I ARRIVED AT 28 NORTH DAVIS STREET IN BEVERLY HILLS IN REFERENCE TO A DISTURBANCE IN PROGRESS. UPON MY ARRIVAL, I NOTICED A WHITE FEMALE SUBJECT STANDING IN THE DRIVEWAY OF SAID RESIDENCE AND SHE APPEARED TO BE YELLING ACROSS THE STREET. THE FEMALE SUBJECT HAD TWO PIT BULL DOGS TIED TO TREES IN FRONT OF THE RESIDENCE. WHEN I EXITED MY PATROL VEHICLE, I MADE CONTACT WITH THE FEMALE SUBJECT LATER IDENTIFIED AS THE DEFENDANT, MS ANDRIA LEANNE HOGUE. AS SHE WAS SCREAMING AND YELLING, I REQUESTED THAT SHE PUT HER DOGS IN HER RESIDENCE AS THEY BECAME AGITATED AND BEGAN TO BARK AND PULL AT THE LEASHES. THE DEFENDANT BEGAN TO SCREAM AT ME âI CANâT FUCKING BELIEVE I HAVE TO PUT MY FUCKING DOGS AWAY FOR THAT SON OF A BITCH RIGHT THEREâ. I NOTICED THAT SHE WAS POINTING TO THE RESIDENCE ACROSS THE STREET. THE DEFENDANT PUT THE DOGS AWAY AND I BEGAN TO SPEAK WITH HER. THE DEFENDANT SEEMED ERRATIC AND CONTINUED TO SCREAM AND YELL USING MULTIPLE VULGARITIES AS SHE DID WHEN I ARRIVED ON SCENE. AFTER SEVERAL MINUTES, THE DEFENDANT CALMED DOWN AND STATED THAT THE VICTIM, LATER IDENTIFIED AS MR CHRISTOPHER HAYES, HAD PUNCHED HER, BROKEN HER DEAD BROTHERâS ROSARY BEADS AND WAS TRESPASSING IN HER HOME. THE DEFENDANT WAS STILL AGITATED, HER FACE TURNED RED AND WITH TWO CLOSED FISTS, SHE PUNCHED HERSELF IN THE FOREHEAD TWO TIMES. I WAS AGAIN ABLE TO GET THE DEFENDANT TO CALM DOWN. AFTER SHE AGREED TO REMAIN CALM, I WENT TO SPEAK WITH THE WITNESS AND THE VICTIM. THE VICTIM STATED THAT THE DEFENDANT YELLED AND SCREAMED AT HIM, STRUCK HIM IN THE FACE AND THEN JUMPED ON HIS BACK STILL STRIKING HIM AS SHE PUSHED HIM OUT THE FRONT DOOR. I DID NOTICE SOME REDNESS TO THE RIGHT SIDE OF THE VICTIMâS BACK, WHICH HE STATED WAS OBTAINED DURING THE ALTERCATION WITH THE DEFENDANT. I THEN SPOKE WITH THE WITNESS, WHO CORROBORATED THE VICTIMâS STORY. THE WITNESS WAS OUTSIDE HIS OWN RESIDENCE HE OBSERVED THE VICTIM OUTSIDE THE INCIDENT ADDRESS. WHEN THE DEFENDANT EXITED THE RESIDENCE YELLING AND SCREAMING AT THE VICTIM, HE STATED THE VICTIM TRIED TO AVOID THE ALTERCATION AND ENTERED THE RESIDENCE. THE WITNESS STATED A SHORT TIME LATER WHILE STILL OUTSIDE, HE WITNESSED THE DEFENDANT ON THE VICTIMâS BACK IN THE DOORWAY OF THE RESIDENCE AND PUSHING THE VICTIM OUT THE DOOR. THE VICTIM STATED HE NEVER STRUCK THE DEFENDANT AT ANY TIME. THE WITNESS CORROBORATED THE VICTIMâS STATEMENT AND THAT THE VICTIM HAS LIVED IN RESIDENCE FOR AT LEAST FOUR MONTHS WITH THE DEFENDANT. I AGAIN MADE CONTACT WITH THE DEFENDANT AND ASKED IF THE VICTIM HAD STRUCK HER AT ALL, SHE REPLIED NO AND THAT SHE WAS TRYING TO PUSH HIM OUT THE FRONT DOOR, WHILE HE WAS TRYING TO FIGHT HIS WAY BACK IN. THE DEFENDANT STATED SHE WAS TIRED OF THE VICTIM USING HER AND WANTED HIM TRESPASSED. THE DEFENDANT HAD MADE A SPONTANEOUS STATEMENT THAT AT SOME POINT DURING THE ALTERCATION, SHE WAS SO UPSET SHE STRUCK HER OWN FACE AGAINST THE WALL INSIDE THE RESIDENCE. THE DEFENDANTâS FACE WAS SLIGHTLY RED AROUND HER FOREHEAD AREA. THE DEFENDANT WAS ADVISED SHE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF BATTERY. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND SEATED IN THE REAR SEAT OF MY PATROL VEHICLE. AT THIS POINT THE DEFENDANT BECAME EXTREMELY DIFFICULT AND AGAIN STARTED YELLING OBSCENITIES AND VULGARITIES TOWARD THE VICTIM, WITNESS AND OTHER DEPUTIES. AT ONE POINT THE DEFENDANT REFUSED TO ENTER MY PATROL VEHICLE. DUE TO THE DEFENDANT STATING SHE WAS PREGNANT, SHE WAS NOT FORCED INTO THE VEHICLE AND EVENTUALLY SAT DOWN ON HER OWN. SHE REFUSED TO FOLLOW FURTHER INSTRUCTIONS AND AT ONE POINT BEGAN TO STRIKE HER HEAD AGAINST THE REAR OF MY PATROL CAGE APPROXIMATELY FOUR TIMES. I THEN RETRIEVED A HELMET WITH A FACE SHIELD AND PLACED IT ON THE DEFENDANT FOR HER SAFETY AND WELL BEING. SHE WAS THEN SEAT BELTED IN THE REAR OF MY PATROL VEHICLE. WHILE IN THE PATROL VEHICLE, SHE WAS READ MIRANDA VIA PREPRINTED CARD AND STATED THAT SHE UNDERSTOOD HER RIGHTS. SHE THEN BEGAN TO SCREAM AND YELL AGAIN STATING THAT âWE WOULD ALL BE SORRY WHEN SHE GOT OUT, YOU HAVE NO CLUE JUST HOW BAD ASS I CAN GET, WHEN I GET OUT ITâS ON, YOU HAVE NO FUCKING IDEAâ. SHE THEN CALLED EVERYONE A LIAR AND ATTEMPTED TO REMOVE HER HANDCUFFS, SEATBELT AND HELMET; HOWEVER, WAS UNABLE TO DO SO. THE DEFENDANT DEMANDED THE VICTIM BE BROUGHT UP ON CHARGES FOR STRIKING HER; HOWEVER, THE DEFENDANT HAD ALREADY MADE STATEMENTS THAT THIS DID NOT OCCUR PRIOR TO THE DEFENDANT PUNCHING HERSELF IN THE HEAD AND STRIKING THE CAGE OF THE PATROL VEHICLE. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I WAS MET BY DETENTION STAFF WHO TOOK THE DEFENDANT OUT OF MY PATROL VEHICLE. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF SIMPLE BATTERY AND HELD ON A $500.00 BOND PER THE BOND SCHEDULE. |
