| Date of birth: | May 21, 1986 |
| Probable cause affidavit: | SUBMITTED BY: OMELIAN, TIMOTHY 0182 (AR08105901) 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: STRIKING THE VICTIM APPROXIMATELY FIVE TIMES IN THE FACE IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY OMELIAN AND DEPUTY HUGHES, WHO WERE THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: FAILING TO COMPLY WITH VERBAL COMMANDS AND RESISTING ATTEMPTS TO SECURE THE DEFENDANT WITH HANDCUFFS WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. On 102308 at approximately 0253 hours, I was dispatched to 2280 NORTHWEST HIGHwAy 19 on a unrelated matter. I made contact with victim one and victim two at Denny's restAurant located at 2280 NORTHWEST HIGHwAy 19 in Crystal River. Both victim one and victim two advised that two white males had started a verbal confrontation with them while in the restAurant earlier in the evening. Victim one stated that as he and victim two were leaving the restAurant one of the white males known only as "K.C." approached the passenger side of the vehicle and struck him in the face APPROXIMATELY five times and chased after the vehicle as both victims were leaving the area. While taking information at the scene, victim number two RECEIVED a call on his cellULAR TELEphone. Victim two stated that it was the same subjects on the TELEphone who had assaulted victim one. This deputy overheard a male subject stating that he wanted to meet both victim one and two at the restAurant and punch them in the face. This deputy also overheard on the victims cellULAR TELEphone yelling and profanity. at which point, victim two's cellULAR TELEphone disconnected. Victim two's TELEphone rang again were this deputy again heard threats of violence to both victim one and two. Due to the possibility of these subjects carrying out their threats, myself and Deputy Behnen remained in the area to prevent escalation of this incident. At approximately 0400 HOURS I observed an unkNown vehicle arrive at Denny's and two white male subjects, later identified as defendant one and defendant two, exit the vehicle. Feeling that these subjects may be involved in the earlier incident, I entered Denny's from the front of the building. Both Deputy Behnen and Deputy Hughes entered the restAurant behind me. I observed a female waitress run towards the back of the restAurant and yell "they are going to fight". As I followed the waitress and exited the rear of the restAurant I observed four males Engaged in aN altercation. As I got to the subjects, I recognized two of the males as being the victims in this report. I also observed a white male subject fitting the description as being one of the suspects. This subject had a bloodied lip. As I was attempting to secure this subject he became physically resistant and both myself and Deputy Hughes had to place this subject on the ground to secure him. At thAT time, I observed Deputy Behnen running after the second suspect who had fled on foot. I did hear Deputy Behnen yell to defendant two, "Stop, Sheriff's Office" numerous times. I later learned Deputy Behnen had chased down suspect two and secured him by handcuff's behind the back in front of Denny's RestAurant along US HIGHwAy 19. After speaking with both the victims it was determined that both defendants arrived at the restAurant and had purposely made contact with the victims and had engaged them into a fight. Victim two stated that defendant one had approached him and struck him in the face. Victim two stated after that he began to defend himself. A witness who viewed the incident from a window inside the restAurant corroborated victims two's statement. Both suspects were placed under arrest and transported to the county DETENTION FACILITY with out incident. *not-exempt* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Oct 23, 2008 |
| Booking number: | 08105901 |
| Booking location: | Citrus County, FL |
| Arrest date: | Feb 17, 2008 |
| Booking number: | 08101760 |
| Booking location: | Citrus County, FL |
| Code: | 784.03(1)(A)(1) |
| Charge description: | BATTERY |
| Bond amount: | $500 |
| Code: | 843.02 |
| Charge description: | RESIST OFFICER W/O VIOLENCE |
| Bond amount: | $250 |
