| Probable cause affidavit: |
SUBMITTED BY: SCHAFFER, HEATH 0652 (AR10114362) 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: THE DEFENDANT TACKLED THE VICTIM TO THE GROUND, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 041710 AT APPROXIMATELY 0814 HOURS, I WAS DISPATCHED TO 6468 EAST WAVERLY STREET IN REFERENCE TO A BATTERY WHICH HAD JUST OCCURRED. I MADE CONTACT WITH DEFENDANT ONE, MR JOHN JOHNSON, WHILE DEPUTY LAUGHLIN MADE CONTACT WITH THE VICTIM. MR JOHNSON ADVISED THAT HE OVERHEARD A VERBAL ALTERCATION TAKING PLACE OUT IN FRONT OF HIS RESIDENCE. HE THEN EXITED THE RESIDENCE AND OBSERVED THE VICTIM ATTEMPTING TO STRIKE HIS SON-IN-LAW (DEFENDANT TWO - MR CASEY HALL). MR JOHNSON ADVISED THAT MR HALL THEN TACKLED THE VICTIM TO THE GROUND AND MR JOHNSON THEN TOLD MR HALL TO RELEASE THE VICTIM. MR JOHNSON ADVISED THAT THE VICTIM ATTEMPTED TO STRIKE HIM, AT WHICH TIME HE RETRIEVED A THREE FOOT METAL PIPE AND BEGAN TO STRIKE THE VICTIM. MR JOHNSON THEN TACKLED THE VICTIM AGAIN AND BEGAN TO STRIKE HIM IN THE FACE WITH HIS FIST. I THEN MADE CONTACT WITH DEFENDANT TWO, MR HALL, WHO ADVISED HE HAD ARRIVED AT THE RESIDENCE TO PICK UP HIS CHILDREN, AND WHEN HE EXITED HIS CAR THE VICTIM CALLED HIM A " FAT BASTARD". MR HALL ADVISED THAT HE AND THE VICTIM BEGAN TO SCREAM AT EACH OTHER, AT WHICH TIME THE VICTIM ATTEMPTED TO STRIKE HIM AND AT THAT TIME HE TACKLED THE VICTIM TO THE GROUND. MR HALL ADVISED THAT HE LET THE VICTIM GET UP, AND THEN THE VICTIM ATTEMPTED TO STRIKE DEFENDANT ONE, MR JOHNSON, AT WHICH TIME MR JOHNSON BEGAN TO STRIKE THE VICTIM WITH A METAL PIPE. I THEN MADE CONTACT WITH THE VICTIM AND OBSERVED VISIBLE INJURIES TO THE RIGHT AND LEFT SIDE OF THE VICTIM'S FACE. THE VICTIM WAS ALSO BLEEDING FROM HIS RIGHT ELBOW AREA. HE WAS THEN OFFERED MEDICAL TREATMENT, WHICH WAS LATER REFUSED. THE VICTIM STATED THAT HE WAS LEAVING FOR WORK THIS MORNING AND OBSERVED MR HALL ARRIVING AT THE RESIDENCE AND ADVISED THAT MR HALL BEGAN TO YELL AT HIM, AT WHICH TIME A VERBAL ALTERCATION HAD ENSUED. MR HALL THEN TACKLED THE VICTIM TO THE GROUND. THE VICTIM ADVISED WHILE HE WAS ON THE GROUND MR JOHNSON BEGAN TO STRIKE HIM WITH THE METAL PIPE, STRIKING HIM IN THE FACE AND RIGHT ARM. I THEN REQUESTED ALL PARTIES INVOLVED TO COMPLETE STATEMENT FORMS, WHICH THEY DID AND WHICH WERE LATER COLLECTED AND TURNED OVER TO RECORDS. UPON READING BOTH DEFENDANTS STATEMENTS, THEY BOTH ADVISED THE VICTIM ATTEMPTED TO STRIKE THEM; HOWEVER, WHEN THEY WERE ASKED AT SEPARATE TIMES, BOTH DEFENDANTS ADVISED THAT THE VICTIM DID STRIKE THEM IN THE FACE. I DID NOT OBSERVE ANY REDNESS OR ANY INJURIES VISIBLE TO EITHER DEFENDANT. BASED ON THE INCONSISTENCY OF BOTH DEFENDANTS STATEMENTS AND THE INJURIES SUSTAINED BY THE VICTIM, BOTH DEFENDANTS WERE PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK, AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. I THEN PHOTOGRAPHED THE VICTIM'S INJURIES AND COLLECTED THE METAL PIPE WHICH WAS LOCATED INSIDE MR JOHNSON'S RESIDENCE. BOTH THE PHOTOGRAPHS AND PIPE WERE LATER TURNED OVER TO EVIDENCE. A CASE CARD BEARING THIS CASE NUMBER WAS GIVEN TO THE VICTIM AND HE WAS ADVISED TO CONTACT THIS AGENCY WITH ANY FURTHER QUESTIONS. I THEN TRANSPORTED BOTH DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING AND BOOKING, WHERE MR JOHNSON'S BOND WAS SET AT $5,000.00 AND MR HALL'S BOND WAS SET AT $500.00. *NOT-EXEMPT* |
