| Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (AR10118020) 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: HIT AND PUNCHED VICTIM IN FACE, BACK AND SHOULDER, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 112010 AT APPROXIMATELY 1343 HOURS, I RESPONDED TO BRANNEN BANK LOCATED AT 401 CENTRAL AVENUE, IN INVERNESS, IN REFERENCE TO A BATTERY THAT HAD JUST OCCURRED. UPON MY ARRIVAL, I NOTICED A LARGE GATHERING OF WITNESSES AND ALSO A WHITE MALE SITTING ON THE SIDEWALK DIRECTLY IN FRONT OF BRANNEN BANK. THE WHITE MALE SITTING ON THE SIDEWALK WAS DETERMINED TO BE THE VICTIM OF THE BATTERY and WAS LATER IDENTIFIED AS JACOB ALLEN-LEE CASE. I MADE CONTACT WITH THE VICTIM AND ASKED IF HE NEEDED EMERGENCY MEDICAL TREATMENT, TO WHICH HE REPLIED NO. WHILE SPEAKING TO THE VICTIM HE SAID HE AND his FRIEND, SMUNDRE LOCKLEY, WERE SKATING OUTSIDE BRANNEN BANK AND NOTICED AN OLDER BODY STYLE FORD PICKUP TRUCK, RED AND WHITE IN COLOR, MAKE A QUICK U-TURN ON HIGHWAY 44 AND PULL INTO THE BANK PARKING LOT. AT THAT TIME, TWO WHITE MALES EXITED the TRUCK AND APPROACHED THE VICTIM AND HIS FRIEND. AT THAT TIME, I ASKED THE VICTIM IF HE KNEW WHO THESE GUYS WERE AND HE WAS ABLE TO PROVIDE ME A NAME OF JOHN CLENDENNY. THE VICTIM STATED WHEN THE TWO MALES APPROACHED THEM THEY ASKED the VICTIM AND HIS FRIEND IF THEY HAD ANY "BEEF" BETWEEN THEM. BOTH THE VICTIM and HIS FRIEND ADVISED THEY DID NOT have ANY "BEEF" BETWEEN THEM and EVERYTHING WAS COOL. AT THAT TIME, the DRIVER OF FORD PICKUP TRUCK TURNED AND WALKED AWAY FROM the VICTIM AND RETURNED TO THE VEHICLE. HOWEVER, THE DEFENDANT, LATER IDENTIFIED AS ANTHONY LEWIS GIDDENS, PHYSICALLY STRUCK THE VICTIM SEVERAL TIMES BOTH in the FACE AND BODY LEAVING VISIBLE MARKS WHICH WERE CONSISTENT WITH BEING IN A PHYSICAL FIGHT. AFTER SPEAKING WITH the VICTIM AND RECEIVING THE NAME HE PROVIDED ME, I RETURNED TO MY PATROL VEHICLE and ACCESSED "D.A.V.I.D." SYSTEM and ENTERED the NAME "JOHN CLENDENNY". I RETRIEVED HIS INFORMATION AND AT THAT TIME, I BROUGHT the VICTIM OVER TO MY PATROL CAR AND ASKED HIM TO TRY TO IDENTIFY THE DRIVER OF THE TRUCK THROUGH THE PICTURE PROVIDED BY "D.A.V.I.D." the VICTIM IMMEDIATELY RECOGNIZED the PICTURE AND MADE A POSITIVE IDENTIFICATION. I THEN CONTACTED MR CLENDENNY AND ASKED HIM TO RETURN TO THE BANK'S PARKING LOT WHERE THE INCIDENT HAD occurred, TO WHICH HE DID WITH NO OBJECTIONS. WHEN MR CLENDENNY ARRIVED THERE WAS A PASSENGER in the TRUCK AS WELL AND the PASSENGER WAS IDENTIFIED AS ANTHONY LEWIS GIDDENS. THE VICTIM STATED TO ME THAT HE RECOGNIZED the PASSENGER AND THAT HE WAS IN FACT the ONE THAT STRUCK HIM. I THEN SEPARATED ALL PARTIES AND SPOKE WITH EACH ONE INDIVIDUALLY. ALL RESPONSES I GOT, INCLUDING THE WITNESSES STATEMENTS, INDICATED TO ME THAT ANTHONY GIDDENS WAS IN FACT the PRIMARY AGGRESSOR OF the FIGHT. BASED ON MY FINDINGS I DETERMINED MR GIDDENS WAS the PRIMARY AGGRESSOR AND GUILTY OF SIMPLE BATTERY. AT THAT TIME, I PLACED MR GIDDENS UNDER ARREST. I THEN HANDCUFFED HIM BEHIND his BACK (DOUBLE-LOCKED) AND SECURED HIM IN THE BACK SEAT OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. I EXPLAINED TO MR GIDDENS WHY HE WAS BEING ARRESTED. HE STATED HE KNEW WHY HE WAS GOING TO JAIL. HIS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. I COLLECTED ALL SWORN WRITTEN STATEMENTS FROM the WITNESSES and LATER TURNED THEM INTO RECORDS. I THEN PROVIDED THE VICTIM'S MOTHER WITH A CASE CARD BEARING MY NAME, NUMBER AND CASE NUMBER. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
