| Probable cause affidavit: |
SUBMITTED BY VIGGIANO, PAUL 0682 (AR10114469) 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: BACKED IN TO VICTIM ONE'S OCCUPIED VEHICLE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1) AND UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF VICTIM ONE, TO-WIT: VICTIM ONE'S VEHICLE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTE D 806.13(1)(B)(1). ON 042310 AT APPROXIMATELY 1935 HOURS, I WAS DISPATCHED TO THE AREA OF WEST GLEN STREET AND SOUTH HARDWOOD TERRACE IN LECANTO IN REFERENCE TO A POSSIBLE HIT AND RUN TRAFFIC CRASH WHICH HAd already occurred. upon arrival, i made contaCT WITH VICTIM ONE WHO ADVISED THAT SHE WAS TRAVELING EAST ON WEST OAKLAWN STREET WHEN THE DEFENDANT GOT BEHIND HER VEHICLE AND TAIL-GATED HER. VICTIM ONE ADVISED SHE TURNED SOUTH ON SOUTH HARDWOOD TERRACE AND THE DEFENDANT PASSED HER VEHICLE AT A HIGH RATE OF SPEED. SHE ADVISED THEY BOTH STOPPED FOR THE STOP SIGN, LOCATED AT THE INTERSECTION OF WEST GLEN STREET AND SOUTH HARDWOOD TERRACE, WHEN THE DEFENDANT PUT HIS VEHICLE IN REVERSE AND RAMMED THE FRONT OF HER VEHICLE. VICTIM ONE SAID THE DEFENDANT WAS A WHITE MALE WITH A FLATTOP HAIRCUT WHO WAS APPROXIMATELY 20 TO 30 YEARS OF AGE, DRIVING A BLACK VOLKSWAGEN JETTA BEARING FLORIDA TAG 423VUY. VICTIM ONE SAID THE DEFENDANT DROVE AWAY BEFORE SHE COULD GET OUT OF HER VEHICLE. VICTIM ONE STATED SHE THEN CALLED 911. I SPOKE WITH VICTIM TWO WHO ADVISED HE WAS RIDING IN VICTIM ONE'S VEHICLE AND THEY WERE TRAVELING SOUTH ON SOUTH HARDWOOD TERRACE WHEN A BLACK VOLKSWAGEN JETTA BEARING FLORIDA TAG 423VUY, DRIVEN BY A white male subject about 20 to 25 years of age with a crew cut PASSED THE TAXI AND STOPPED AT THE STOP SIGN AT THE INTERSECTION OF WEST GLEN STREET AND SOUTH HARDWOOD TERRACE. VICTIM TWO ADVISED HE OBSERVED THE DEFENDANT PUT HIS CAR IN REVERSE, BACK INTO THE TAXI AND THEN TAKE OFF. I DID OBSERVE SOME SMALL BLACK SCRATCHES ON THE FRONT BUMPER OF VICTIM ONE'S VEHICLE. I COLLECTED WRITTEN STATEMENTS FROM BOTH VICTIMS WHICH WERE LATER TURNED IN TO RECORDS. WHILE ON SCENE, I MADE CONTACT WITH DEPUTY PERUCHE AND ADVISED HIM OF THE DEFENDANT'S ADDRESS. DEPUTY PERUCHE RESPONDED TO THE DEFENDANT'S ADDRESS. I THEN RESPONDED TO THE DEFENDANT'S RESIDENCE AND MADE CONTACT WITH DEPUTY PERUCHE, WHO WAS ALREADY ON SCENE, WHO ADVISED HE HAD JUST READ THE DEFENDANT, WHO WAS IDENTIFIED AS MR BENJAMIN DAVID DUCHARME, HIS MIRANDA WARNINGS VIA A PRE-PRINTED AGENCY CARD. I ASKED THE DEFENDANT IF HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH ME, TO WHICH HE STATED HE WOULD. I ASKED THE DEFENDANT WHAT HAD HAPPENED. THE DEFENDANT STATED THAT HE WAS TRAVELING EAST ON WEST OAKLAWN STREET WHEN VICTIM ONE'S VEHICLE PULLED OUT IN FRONT OF HIM AND CUT HIM OFF. THE DEFENDANT STATED THAT THIS ACTION MADE HIM ANGRY AND HE BELIEVED VICTIM ONE HAD BEEN INTENTIONALLY DRIVING BELOW THE SPEED LIMIT TO AGGRAVATE HIM. THE DEFENDANT ADVISED THAT WHEN VICTIM ONE TURNED SOUTH ON TO SOUTH HARDWOOD TERRace, he DECIDED TO PASS HER. THE DEFENDANT STATED HE OBSERVED VICTIM ONE GIVE HIM "THE BIRD." THE DEFENDANT ALSO STATED IT APPEARED THAT VICTIM ONE WAS YELLING SOMETHING AT HIM. THE DEFENDANT SAID HE CAME TO A STOP AT THE STOP SIGN AT THE INTERSECTION OF WEST GLEN STREET AND SOUTH HARDWOOD TERRACE, PUT HIS VEHICLE IN REVERSE AND BACKED INTO VICTIM ONE'S VEHICLE WITH THE INTENTION OF SCARING THEM. THE DEFENDANT STATED HE DID STRIKE VICTIM ONE'S VEHICLE. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED,) SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR further BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, CONTACT WAS MADE WITH THE STATE ATTORNEY'S OFFICE. I SPOKE WITH ATTORNEY JEFF SMITH WHO ADVISED TO CHARGE THE DEFENDANT WITH SIMPLE BATTERY AND CRIMINAL MISCHIEF IN LIEU OF AGGRAVATED BAttery based on the facts and circumstances of this case. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $750.00, IN ACCORDANCE WITH THE BOND SCHEDULE. *NOT-EXEMPT* |
