| Probable cause affidavit: |
SUBMITTED BY: LOVULLO, SARAH 0723 (AR10128412) DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIM, WHO IS 65 YEARS OF AGE OR OLDER, BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON, TO WIT: A STRANGER, AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: STRIKING THE VICTIM ON THE LEFT JAW WITH HIS FIST, IN VIOLATION OF FLORIDA STATE STATUTE 784.08(2)(C). ON 121610 AT APPROXIMATELY 1822 HOURS, I WAS DISPATCHED TO ARBY'S LOCATED AT 490 NORTH SUNCOAST BOULEVARD IN CRYSTAL RIVER IN REFERENCE TO ROAD RAGE. UPON MY ARRIVAL, I MADE CONTACT WITH THE SUSPECT/DEFENDANT, MR ARMANDO LEIRA. HE ADVISED HIS WIFE, FURTHER KNOWN AS MS ALICIA LEIRA, WAS AT THE LIGHT AND A MAN TRIED TO RUN HER VEHICLE OFF THE ROAD. THE SUSPECT STATED HE SAW THE MAN HIT HIS WIFE'S VEHICLE WITH HIS VEHICLE, A GOLD SPORTS UTILITY VEHICLE (SUV), AT WHICH TIME, HE PULLED OVER AND HE EXITED THE VEHICLE AND THE VICTIM'S VEHICLE DROVE OFF. THE SUSPECT SAID THE MAN DROVE INTO THE PARKING LOT DRIVING CRAZY SO HE STOPPED HIM AND OUT OF IMPULSE SMACKED HIM IN THE FACE. UPON SPEAKING WITH MS LEIRA, SHE ADVISED THE MAN WAS DRIVING CRAZY AND HIT HER WITH HIS VEHICLE. SHE ADVISED THE VICTIM WAS CURSING AND ACTING VERY OUT OF CONTROL. I ASKED MS LEIRA IF SHE NEEDED EMERGENCY MEDICAL SERVICES (EMS) AND I DID NOT OBSERVE ANY INJURIES TO MS LEIRA AT THAT TIME. I DID OBSERVE THE VICTIM'S, MR LARRY BOATWRIGHT, A WHITE MALE WHO IS 70 YEARS OF AGE, VEHICLE TO HAVE TWO LARGE DENTS ON THE HOOD. UPON SPEAKING WITH THE VICTIM, HE STATED A FORD VAN TURNED RIGHT ON A RED LIGHT AND RAN HIS VEHICLE INTO THE MEDIAN. THE VICTIM SAID HE WENT TO THE DRIVE-THRU AT ARBY'S AND MS LEIRA AND HER CHILDREN STARTED YELLING AT HIM. HE ADVISED THE SUSPECT THEN RAN UP AND HIT HIM ON THE LEFT SIDE OF HIS FACE AND KNOCKED HIM INTO THE DRIVER'S SIDE OF THE VEHICLE. THE VICTIM STATED THAT MS LEIRA BEGAN TO BEAT ON THE HOOD OF HIS VEHICLE. I THEN OBSERVED THE VICTIM'S FACE AND IT WAS RED AND SWOLLEN ON HIS LEFT JAW. I THEN ASKED IF HE NEEDED EMS, AT WHICH TIME, HE STATED HE DID NOT. I THEN SPOKE WITH THE VICTIM'S WIFE, MS JUDY BOATWRIGHT. SHE STATED THE SUSPECT HIT HER HUSBAND SO HARD THAT HIS GLASSES FLEW OFF AND THEY WERE MISSING. SHE FURTHER STATED THAT THE SUSPECT WAS VERY AGGRESSIVE TO HER HUSBAND AND WOULD NOT LEAVE HIM ALONE. I GAVE STATEMENT FORMS TO THE VICTIM AND THE SUSPECT WHICH WERE LATER COMPLETED AND TURNED IN TO RECORDS. I THEN GAVE AGENCY CASE CARDS BEARING MY NAME AND THE CASE NUMBER AND ADVISED IF THERE WAS ANYTHING FURTHER TO CONTACT THIS AGENCY. AT THIS TIME, I ADVISED THE SUSPECT HE WAS BEING PLACED UNDER ARREST FOR FELONY BATTERY ON AN ELDERLY PERSON. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE SUSPECT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HIS BOND WAS SET $2,000.00 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* |
