| Probable cause affidavit: |
SUBMITTED BY: WILLIAMS, JUSTIN 0730 (AR14-10678) DID HAVING BEEN CONVICTED OF A FELONY, UNLAWFULLY OWN OR HAVE IN HIS CARE, CUSTODY, POSSESSION OR CONTROL FIREARMS AND AMMUNITION, TO-WIT: SMITH & WESSON HANDGUN AND A MARLIN 12 GAUGE SHOTGUN WITH THEIR RESPECTIVE AMMUNITION, IN VIOLATION OF FLORIDA STATUTE 790.23(1)(A). ON 060614,AT APPROXIMATELY 2038 HOURS, I RESPONDED TO 12900 EAST TRAILS END ROAD IN FLORAL CITY, AT LOT NUMBER 24, IN REFERENCE TO A DISTURBANCE. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR EDWARD JONES. HE ADVISED THAT THERE WERE SOME NEIGHBORS THAT WERE INVOLVED IN A VERBAL ARGUMENT IN THE PATHWAY THROUGH THE PARK . WHEN THE VICTIM OBSERVED THE ARGUMENT HE CAME OUT TO SEE WHAT WAS GOING ON AND THE NEIGHBORS HAD LEFT THE AREA. THE VICTIM ADVISED THAT THE DEFENDANT, MR BILLIE BAKER, WAS OUT FRONT IN HIS YARD AT LOT NUMBER 16, AT WHICH TIME HE YELLED AT THE VICTIM âIF YOU HAVE SOMETHING TO SAY TO ME, COME AND SAY ITâ. THE VICTIM ADVISED AT THAT TIME HE WALKED TOWARDS THE DEFENDANT AND SAID âBILLIE, I donât KNOW WHY YOU ARE OFFERING PEOPLE MONEY TO BURN DOWN MY RESIDENCEâ. THE VICTIM ADVISED THAT THE DEFENDANT STOOD UP AND SAID âYOU MOTHER FUCKER, I WILL KILL YOUâ. THE VICTIM ADVISED THAT HE THEN TURNED TO WALK AWAY FROM THE DEFENDANT, AT WHICH TIME THE DEFENDANT PULLED OUT A HANDGUN FROM THE SMALL OF HIS BACK AND CHAMBERED A ROUND. THE DEFENDANT DID NOT POINT THE GUN DIRECTLY AT THE VICTIM, BUT THE GUN WAS POINTED AT THE GROUND IN HIS GENERAL DIRECTION. THE VICTIM ADVISED THAT HE WAS IN FEAR FOR HIS LIFE AT THAT TIME. I THEN MADE CONTACT WITH THE WITNESS, MR OSSIE BEASLEY, WHO ADVISED THAT HE WAS PRESENT WITH THE VICTIM WHEN THE DEFENDANT PULLED OUT THE GUN, CHAMBERED A ROUND AND POINTED IT AT THE GROUND IN THEIR GENERAL DIRECTION. I THEN MADE CONTACT WITH THE DEFENDANT, WHERE HE WAS READ MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD BY DEPUTY CREEL, WHO WAS ALREADY ON SCENE WITH THE DEFENDANT. THE DEFENDANT WAIVED HIS RIGHTS AND ADVISED THAT HE WOULD SPEAK WITH US. THE DEFENDANT ADVISED THAT HE HAD A HANDGUN AND IT WAS A SMITH AND WESSON .40 CALIBER. THE DEFENDANT ADVISED THAT THE REASON HE POSSESSED THIS HANDGUN WAS BECAUSE HE IS VERY OLD AND WOULD BE INCAPABLE OF FIGHTING SOMEONE IN SELF DEFENSE, THEREFORE HE MAINTAINS THE HANDGUN ON HIS PERSON IN CASE HE NEEDS IT FOR SELF DEFENSE. I ASKED THE DEFENDANT WHERE THE HANDGUN WAS AT THIS TIME AND HE ADVISED THAT IT WAS INSIDE HIS RESIDENCE. THE DEFENDANT GAVE CONSENT FOR DEPUTY CREEL TO ENTER HIS RESIDENCE TO RETRIEVE THE FIREARM. UPON DOING A CRIMINAL HISTORY CHECK OF THE DEFENDANT THROUGH TELETYPE, IT WAS DISCOVERED THAT THE DEFENDANT IS A CONVICTED FELON AND WAS CHARGED BY THIS AGENCY IN THE YEAR 2000 FOR POSSESSION OF A FIREARM BY A CONVICTED FELON. THE DEFENDANTâS CRIMINAL HISTORY ALSO SHOWS ON 060778, THE DEFENDANT WAS CONVICTED OF HOMICIDE. THE SERIAL NUMBER OF THE HANDGUN WAS DSM0207 AND IT WAS RAN THROUGH NCIC/FCIC, WHERE IT CAME BACK AS STOLEN OUT OF HERNANDO COUNTY. A LOCATE WAS SENT TO HERNANDO COUNTY SHERIFF'S OFFICE THROUGH TELETYPE AND THEY CONFIRMED THAT THE FIREARM WAS STOLEN IN REFERENCE TO THEIR CASE NUMBER 2011-16854. THE DEFENDANT ADVISED THAT HE PURCHASED THE FIREARM FROM A MALE SUBJECT AT THE TRAILS END CAMPGROUND; HOWEVER HE WAS UNABLE TO RECALL EXACTLY WHO HE PURCHASED IT FROM AT THIS TIME. I ASKED THE DEFENDANT IF HE HAD ANY OTHER FIREARMS OR AMMUNITION INSIDE THE RESIDENCE AND HE ADVISED THAT HE HAD A MARLIN 12 GAGE SHOTGUN AND AMMUNITION INSIDE HIS RESIDENCE. DEPUTY CREEL ADVISED THAT WHEN HE ORIGINALLY LOCATED THE SMITH AND WESSON HANDGUN, IT WAS LOADED WITH A ROUND CHAMBERED. BOTH FIREARMS AND AMMUNITION WERE COLLECTED AND TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. THE VICTIM SIGNED A WAIVER OF PROSECUTION IN REFERENCE TO THE CHARGE OF AGGRAVATED ASSAULT WITH DEADLY WEAPON. THE VICTIM AND WITNESS FILLED OUT SWORN WRITTEN STATEMENTS THAT WERE COLLECTED AND WILL LATER BE TURNED IN TO RECORDS. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING THE DEFENDANT'S BOND WAS SET AT $10,000.00, FOR POSSESSION OF FIREARM BY A CONVICTED FELON, PER THE BOND SCHEDULE. |
