| Probable cause affidavit: |
SUBMITTED BY: LOVULLO, SARAH 0723 (AR11122265) 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: DEFENDANT HARDEN SLAPPED THE VICTIM IN THE FACE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 081611 AT 1855 HOURS, I WAS DISPATCHED TO 2276 SOUTH SEILER POINT IN LECANTO IN REFERENCE TO A PHYSICAL FIGHT IN PROGRESS. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR JOHN GEROW, WHO ADVISED HE WAS SLAPPED IN THE FACE BY DEFENDANT ONE, MS ANGEL HARDEN, AT WHICH TIME, THE DEFENDANT'S SON, LATER IDENTIFIED AS DEFENDANT TWO, MR ALLEN OSBORNE, STRUCK HIM FROM BEHIND WITH A CLOSED FIST ON THE LEFT SIDE OF THE BACK OF HIS HEAD DUE TO A VERBAL ARGUMENT OVER DEFENDANT OSBORNE NOT HAVING A JOB TO PROVIDE FOR THE VICTIM'S DAUGHTER, MS HEATHER GEROW. AT THIS TIME, THE VICTIM TOLD THE DEFENDANTS HE WAS GOING TO CALL THE POLICE IF THEY DID NOT LEAVE. THE VICTIM ADVISED THEY REFUSED TO LEAVE, AT WHICH TIME, HE IMMEDIATELY CONTACTED THIS AGENCY. THIS DEPUTY OBSERVED THE VICTIM'S FACE AND THE BACK OF HIS HEAD FOR INJURIES. I OBSERVED NO MARKS ON HIS FACE AND A SMALL BUMP ON THE LEFT SIDE OF THE BACK OF THE VICTIM'S HEAD. HE WAS ASKED IF HE NEEDED EMERGENCY MEDICAL SERVICES (EMS). HE ADVISED YES DUE TO WHEN DEFENDANT OSBORNE STRUCK HIM IN THE BACK OF THE HEAD HE FELT DIZZY FOR A FEW MINUTES. THIS DEPUTY THEN CONTACTED TELETYPE VIA RADIO TO HAVE EMS RESPOND. I THEN MADE CONTACT WITH THE VICTIM'S DAUGHTER, HEATHER. SHE ADVISED DEFENDANT HARDEN GOT INTO AN ARGUMENT WITH THE VICTIM AND REFUSED TO LEAVE THE PROPERTY WHEN ASKED. DEFENDANT OSBORNE THEN STRUCK THE VICTIM FROM BEHIND IN THE BACK OF THE HEAD. DEFENDANT HARDEN SMACKED THE VICTIM IN HIS FACE. HEATHER THEN STATED TO THE DEFENDANTS THE VICTIM WAS GOING TO CALL 911 IF THEY DID NOT LEAVE, AT WHICH TIME, THE DEFENDANTS RAN TO THE NEIGHBOR'S RESIDENCE AND BORROWED A LIGHT BLUE TAURUS VEHICLE AND HEADED WEST ON HOMOSASSA TRAIL. EMS MEDIC THREE ARRIVED FOR EVALUATION OF THE VICTIM AND HE WAS TREATED ON SCENE AND MEDICALLY RELEASED. I THEN MADE CONTACT WITH THE NEIGHBOR, LATER IDENTIFIED AS MS SANDRA PREEPER, AT 2316 SOUTH SEILER POINT. SHE ADVISED THE DEFENDANTS ASKED TO BORROW HER VEHICLE TO GO TO A FRIEND'S RESIDENCE AT 470 REYNOLDS AVENUE IN CRYSTAL RIVER AND THEY STATED THEY WOULD BE BRINGING THE VEHICLE BACK IN A COUPLE OF HOURS. I THEN MADE CONTACT AGAIN WITH THE VICTIM AND ISSUED HIM A STATEMENT FORM ALONG WITH HIS DAUGHTER HEATHER WHO WAS ALSO ISSUED A STATEMENT FORM. THEY WERE FILLED OUT, SIGNED, AND LATER TURNED IN TO RECORDS. I THEN MADE CONTACT WITH THE DEFENDANTS AT 470 REYNOLDS AVENUE IN CRYSTAL RIVER AND INTRODUCED MYSELF AND ASKED THEM TO TELL ME THEIR SIDE OF THE STORY DUE TO THE INCIDENT THAT HAD OCCURRED EARLIER AT 2276 SEILER POINT. I ALSO HANDED THEM STATEMENT FORMS WHICH WERE COMPLETED AND TURNED IN LATER TO RECORDS. DEFENDANT HARDEN ADVISED THE VICTIM WAS TALKING BAD ABOUT DEFENDANT OSBORNE SO SHE SLAPPED HIM IN THE FACE. SHE STATED DEFENDANT OSBORNE STRUCK HIM IN THE BACK OF THE HEAD TRYING TO PROTECT HER. DEFENDANT OSBORNE ADVISED THAT THE VICTIM WAS YELLING AT DEFENDANT HARDEN YELLING IN HER FACE SO HE STRUCK HIM IN THE BACK OF THE HEAD TO PROTECT HIS MOTHER. I DETECTED AN EXTREMELY STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM THE BREATH OF BOTH DEFENDANTS. I THEN ADVISED BOTH DEFENDANTS THEY WERE BEING PLACED UNDER ARREST FOR BATTERY. THEY WERE HANDCUFFED (DOUBLE LOCKED) BEHIND THEIR BACKS AND PLACED IN THE REAR OF MY PATROL VEHICLE. AT THIS TIME, I READ EACH DEFENDANT THEIR MIRANDA WARNING FROM PREPRINTED AGENCY CARD AND ASKED THEM IF THEY UNDERSTOOD THEIR RIGHTS AND IF THEY WISHED TO SPEAK TO ME AT THAT TIME. BOTH DEFENDANTS STATED THEY UNDERSTOOD THEIR RIGHTS AND AGREED TO SPEAK WITH ME. DEFENDANT HARDEN STATED SHE DID NOT DO ANYTHING WRONG THAT SHE JUST SLAPPED THE VICTIM IN THE FACE BECAUSE HE WOULD NOT STOP TALKING BAD ABOUT MY SON. DEFENDANT OSBORNE STATED HE WAS JUST PROTECTING HIS MOTHER DUE TO THE VICTIM SCREAMING IN HER FACE SO HE STRUCK HIM IN THE BACK OF THE HEAD SO HE WOULD STOP. THE DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER BOOKING AND PROCESSING. BOTH OF THE DEFENDANTS' BONDS WAS SET AT $500.00 PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
