| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR07004419) did unlawfully ATTEMPT TO enter or remain in a certain conveyance, to-wit: a 2006 DODGE PICK-UP TRUCK, the property of VICTIM ONE, without said person's consent, with the intent to commit an offense therein, to-wit: BATTERY, and the said conveyance was not open to the public at the time, and THE DEFENDANT was not licensed or invited to enter or remain in said conveyance, in violation of Florida Statute 810.02; AND did unlawfully and intentionally threaten by word or act to do violence to the person of VICTIM TWO, coupled with an apparent ability to carry out said threat, did an act or acts which created a well-founded fear in VICTIM TWO that such violence was imminent, in violation of Florida Statute 784.011; AND did unlawfully, willfully and maliciously, injure or damage certain property of VICTIM ONE, to-wit: A 2006 DODGE PICK-UP TRUCK, such damage being of a value of more than $200.00, but less than $1,000.00, in violation of Florida Statutes 806.13(1)(a) and 806.13(1)(b)2. ON 081107, I WAS DISPATCHED TO 5601 SOUTH FLORIDA AVENUE, FLORAL CITY (CIRCLE K CONVENIENCE STORE) IN REFERENCE TO A REPORT OF A DISTURBANCE IN PROGRESS. UPON ARRIVAL, CONTACT WAS MADE WITH VICTIM TWO AND THREE WITNESSES (TWO FEMALES AND ONE MALE). VICTIM TWO AND A FEMALE WITNESS ADVISED THAT THEY HAD GONE TO THE STORE FOR THE MALE WITNESS TO PURCHASE ITEMS. IT SHOULD BE NOTED THAT THE OTHER FEMALE WITNESS ARRIVED IN A SEPARATE VEHICLE AND IS A CLERK AT CIRCLE K BUT WAS OFF DUTY. DURING THAT TIME, THE DEFENDANT AND TWO OTHER SUBJECTS ALSO ARRIVED AT THE STORE. ONE OF THE SUBJECTS WITH THE DEFENDANT WENT INTO THE STORE TO PURCHASE ITEMS. THE MALE WITNESS FROM VICTIM ONE'S VEHICLE APPROACHED THE DEFENDANT'S VEHICLE TO SPEAK WITH THE DEFENDANT DUE TO HIM BEING AN ACQUAINTANCE. THE MALE WITNESS STATED THAT THE DEFENDANT ASKED WHO WAS IN VICTIM ONE'S VEHICLE AND THE MALE WITNESS ONLY ADVISED THE DEFENDANT TO STAY IN HIS OWN VEHICLE. AT THAT TIME, THE MALE WITNESS WENT INTO THE STORE TO PURCHASE ITEMS. THE DEFENDANT THEN EXITED HIS TRUCK AND APPROACHED VICTIM ONE'S VEHICLE WHICH WAS OCCUPIED BY VICTIM TWO AND ONE OF THE FEMALE WITNESSES. THE DEFENDANT WENT UP TO THE DRIVER'S WINDOW AND MADE COMMENTS TO VICTIM TWO THAT, "YOUR DAD IS A PIECE OF SHIT" AND "YOUR DAD IS A CON ARTIST, I'M GONNA KICK YOUR ASS." THE DEFENDANT THEN ATTEMPTED TO ENTER VICTIM ONE'S VEHICLE; HOWEVER, VICTIM TWO HAD ALL THE WINDOWS UP AND THE DOORS LOCKED. THE DEFENDANT WAS BEATING ON THE DRIVER'S DOOR AND AT ONE POINT WENT AROUND TO THE FRONT OF THE VEHICLE WHILE THREATENING VICTIM TWO AND BEGAN BEATING ON THE HOOD OF THE VEHICLE. I OBSERVED A DENT ON THE DRIVER'S DOOR. PHOTOGRAPHS WERE TAKEN OF THE DAMAGE. SEE CRIME SCENE TECHNICIAN'S REPORT. THE APPROXIMATE AMOUNT OF DAMAGE TO THE VEHICLE WAS $500.00. I ALSO OBSERVED HANDPRINTS AND FIST PRINTS WHERE SOMEONE HAD STRUCK THE VEHICLE. THE MALE WITNESS THEN CAME RUNNING OUTSIDE AND HAD TO PULL THE DEFENDANT OFF THE VEHICLE. THE DEFENDANT THEN RE-ENTERED HIS VEHICLE AND LEFT THE SCENE PRIOR TO THE SHERIFF'S OFFICE ARRIVAL. VICTIM TWO AND THE THREE WITNESSES COMPLETED SWORN WRITTEN STATEMENTS REGARDING THE DEFENDANT'S ACTIONS. The MALE WITNESS WHO KNEW THE DEFENDANT PROVIDED THE DEFENDANT'S NAME TO THIS DEPUTY BEING MR CHAD RICHARDSON. I WAS THEN ABLE TO OBTAIN AN ADDRESS FOR HIM. AT THAT TIME, DEPUTY MCEWEN AND I RESPONDED TO 6880 SOUTH ALOYSIA AVENUE, FLORAL CITY AND MADE CONTACT WITH THE DEFENDANT ALONG WITH THE MALE AND FEMALE WHO HAD BEEN OCCUPANTS OF HIS VEHICLE. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS. I ASKED IF HE WOULD BE WILLING TO ANSWER SOME QUESTIONS, TO WHICH HE STATED "NO". ALL QUESTIONING WAS STOPPED WITH THE DEFENDANT AT THAT TIME. CONTACT WAS MADE WITH THE TWO SUBJECTS WHO HAD BEEN OCCUPANTS IN HIS VEHICLE, ONE BEING THE DEFENDANT'S GIRLFRIEND. THE DEFENDANT'S GIRLFRIEND ADVISED THAT THEY HAD GONE TO THE STORE. SHE STATED THAT THE DEFENDANT HAS HAD PROBLEMS WITH VICTIM TWO; THEREFORE, HE APPROACHED VICTIM ONE'S VEHICLE TO MAKE CONTACT WITH VICTIM TWO BUT NEVER TOUCHED THE VEHICLE. SHE STATED THAT THE DEFENDANT NEVER MADE ANY PHYSICAL THREATS TO VICTIM TWO. THE OTHER OCCUPANT ADVISED THAT HE HAD GONE INTO THE STORE TO PURCHASE ITEMS AND UPON EXITING THE STORE AND RE-ENTERING THE VEHICLE, THE DEFENDANT EXITED his VEHICLE AND APPROACHED THE VICTIM'S VEHICLE. HE ALSO ADVISED THAT THE DEFENDANT MADE DEROGATORY COMMENTS TOWARD VICTIM TWO BUT NEVER THREATENED HIM WITH PHYSICAL HARM. HE ADVISED THAT THE DEFENDANT DID TOUCH VICTIM ONE'S VEHICLE DURING THE ALTERCATION. THE MALE SUBJECT PROVIDED A WRITTEN STATEMENT. I THEN RESPONDED BACK TO THE CIRCLE K WITH THE DEFENDANT IN MY PATROL VEHICLE. AT THAT TIME, THE WITNESS WHO IS A STORE CLERK IDENTIFIED THE DEFENDANT AS THE PERSON WHO HAD DAMAGED VICTIM ONE'S VEHICLE AND THREATENED VICTIM TWO. VICTIM TWO WAS PROVIDED WITH AN AGENCY CARD BEARING this CASE NUMBER AND MY NAME FOR HIS REFERENCE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF ATTEMPTED BURGLARY, ONE COUNT OF ASSAULT AND ONE COUNT OF CRIMINAL MISCHIEF WITH A TOTAL BOND OF $1,500.00 DUE TO THE DEFENDANT NOT BELIEVED TO BE A FLIGHT RISK. *NOT-EXEMPT* |
