| Probable cause affidavit: |
SUBMITTED BY: CUTLIP, JOSHUA 0721 (AR14-12599) 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 GOT IN A VERBAL ARGUMENT WITH THE VICTIM AND THEN PROCEEDED TO THROW A CUP OF HOT COFFEE DIRECTLY IN THE VICTIM'S FACE, CAUSING MINOR INJURY, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 103014 AT APPROXIMATELY 0921 HOURS, I WAS DISPATCHED TO THE CIRCLE K CONVENIENT STORE, LOCATED AT 1224 NORTH US HIGHWAY 41, INVERNESS, IN REFERENCE TO A PHYSICAL ALTERCATION BETWEEN THE STORE MANAGER/VICTIM, MR ROBERT HOAR, AND THE DEFENDANT, MR CHARLES HARMM. WHILE EN ROUTE, I WAS ADVISED BY DISPATCH THAT BOTH PARTIES WERE PHYSICAL WITH ONE ANOTHER; HOWEVER, UPON MY ARRIVAL, I WAS ADVISED BY AT THE VICTIM THAT THE DEFENDANT HAD JUST LEFT THE STORE IN A NEWER MODEL, FOUR DOOR, TAN TOYOTA, IN AN UNKNOWN DIRECTION OF TRAVEL. I OBSERVED THE VICTIM TO BE EXTREMELY UPSET AND WAS COVERED IN COFFEE FROM HIS HEAD TO MID CHEST. I OBSERVED A SMALL LACERATION, UNDERNEATH THE VICTIM'S RIGHT EYE AND ALSO A LACERATION ON THE VICTIM'S LEFT ELBOW, WHICH WAS BLEEDING SIGNIFICANTLY. THE VICTIM'S FACE AND SKIN WAS RED IN APPEARANCE, WHERE THE VICTIM STATED THAT HE FELT A BURNING SENSATION, LIKE A "LIGHT SUNBURN" TO HIS FACE AND CHEST AREA. I IMMEDIATELY ASKED IF THE VICTIM, IF HE NEEDED MEDICAL ATTENTION, WHERE HE REFUSED TO BE SEEN BY EMERGENCY MEDICAL SERVICES (EMS) AT THAT TIME. THE VICTIM WAS STILL DRYING HIS FACE FROM THE HOT COFFEE THAT WAS THROWN ON HIM BY THE DEFENDANT. THE VICTIM ADVISED THAT THE DEFENDANT'S NAME WAS MR CHARLES HARMM. THE VICTIM STATED THAT THE DEFENDANT FREQUENTS THIS LOCATION OFTEN AND IS CONSIDERED A REGULAR; HOWEVER, HAS BECOME A NUISANCE RECENTLY, DUE TO HIM LOITERING IN THE STORE DURING OPERATIONAL HOURS. THE VICTIM HAD SPOKEN WITH THE DEFENDANT PREVIOUSLY REGARDING THE DEFENDANT'S BEHAVIOR; HOWEVER, THE DEFENDANT HAD NOT YET BEEN TRESPASSED. THE VICTIM STATED THAT ON TODAY (103014), THE DEFENDANT ENTERED THE STORE AS USUAL WITH AN EMPTY CUP, USED FOR DRINKING COFFEE. THE DEFENDANT WAS VERBALLY HARASSING FEMALE CUSTOMERS, AT WHICH TIME, SEVERAL CUSTOMERS COMPLAINED TO THE STORE MANAGER (VICTIM), AT WHICH TIME, THE VICTIM ADDRESSED THE DEFENDANT IN REFERENCE TO HIS BEHAVIOR AND TOLD HIM "GO LOITER SOMEWHERE ELSE." AFTER THE VICTIM TOLD THE DEFENDANT THIS, THE DEFENDANT BECAME UPSET AND BECAME HOSTILE TOWARDS THE VICTIM. AT THAT POINT, THE DEFENDANT WHO WAS HOLDING A FULL CUP OF HOT COFFEE, PROCEEDED TO STATE "OH YEAH MOTHER FUCKER" AND THEN THREW THE HOT COFFEE IN THE VICTIM'S FACE COVERING HIS FACE AND UPPER TORSO. AFTER THE VICTIM HAD THE HOT COFFEE THROWN ON HIM, THE VICTIM GRABBED THE DEFENDANT IN ATTEMPTS TO DETAIN HIM UNTIL LAW ENFORCEMENT ARRIVED, AT WHICH TIME, BOTH SUBJECTS FELL TO THE GROUND, WHERE A BRIEF STRUGGLE OCCURRED AND THAT WAS WHEN THE VICTIM SUSTAINED THE INJURY TO HIS LEFT ELBOW AND THE SMALL LACERATION UNDERNEATH HIS RIGHT EYE, FROM THE DEFENDANT STRUGGLING WITH HIM. THE DEFENDANT WAS ABLE TO GET AWAY FROM THE VICTIM AND PROCEEDED TO LEAVE THE STORE IN AN UNKNOWN DIRECTION OF TRAVEL IN HIS VEHICLE. AFTER HAVING GATHERED THE INFORMATION PERTAINING TO THE DEFENDANT, I REQUESTED DISPATCH RESEARCH THE SUBJECT'S NAME, WHERE AN IN-HOUSE RECORD SEARCH, REVEALED A POSSIBLE ADDRESS FOR THE DEFENDANT BEING 801 HEMLOCK STREET, IN INVERNESS. DEPUTY INDORATO (0712), WAS IN THE AREA "BOLO'ING" FOR THE DEFENDANT'S VEHICLE AND LATER RESPONDED TO THE HEMLOCK STREET ADDRESS, IN ATTEMPTS TO LOCATE THE DEFENDANT. DEPUTY INDORATO ADVISED THAT UPON HIS ARRIVAL, HE MADE CONTACT WITH A MALE SUBJECT BY THE NAME OF MR CHARLES HARMM, WHICH WAS VERIFIED TO BE THE DEFENDANT. I REQUESTED DEPUTY INDORATO REMAIN WITH THE DEFENDANT, UNTIL MY ARRIVAL. I REQUESTED TO REVIEW THE VIDEO SURVEILLANCE, CAPTURING THE ALTERCATION. THE VICTIM STATED HE WAS ABLE TO REVIEW IT AND BURN A COPY FOR EVIDENTIARY PURPOSES; HOWEVER, WAS UNABLE TO ACCESS THE SYSTEM AT THIS TIME. I REQUESTED THAT THE VICTIM COMPLETE A SWORN WRITTEN STATEMENT, WHICH WAS COMPLETED AND LATER TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. A STORE CLERK/WITNESS, MS STACY DAVIS, WHO HAD OBSERVED THE ALTERCATION ALSO COMPLETED A SWORN WRITTEN STATEMENT, WHICH WAS ALSO COLLECTED AND LATER TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. AT THAT TIME, I PHOTOGRAPHED THE VICTIM'S INJURIES AND HIS CLOTHING STILL COVERED IN COFFEE, SEE CRIME SCENE TECHNICIAN REPORT FOR FURTHER DETAILS. I THEN RESPONDED TO DEPUTY INDORATO'S LOCATION AND MADE CONTACT WITH THE DEFENDANT, WHO WAS IN THE PROCESS OF COMPLETING A SWORN WRITTEN STATEMENT. AFTER HAVING REVIEWED THE DEFENDANT'S WRITTEN STATEMENT, IT STATED THAT HE DID THROW A CUP OF COFFEE ON THE VICTIM AND THAT WAS WHEN THEY STARTED FIGHTING WITH ONE ANOTHER. BEFORE ANY QUESTIONING, I READ THE DEFENDANT HIS MIRANDA RIGHTS, VIA A PREPRINTED AGENCY APPROVED MIRANDA CARD, AT APPROXIMATELY 1005 HOURS. WITH HAVING THE DEFENDANT'S RIGHTS IN MIND, HE CHOSE TO SPEAK WITH THIS DEPUTY. I ASKED THE DEFENDANT IF HAD GOTTEN IN AN ALTERCATION WITH THE MANAGER (VICTIM), AT THE CIRCLE K, IN INVERNESS. THE DEFENDANT STATED YES. I ASKED THE DEFENDANT, IF HE THREW A CUP OF HOT COFFEE IN THE VICTIM'S FACE, TO WHICH HE AGAIN STATED YES AND BEGAN TO SHOW REMORSE FOR HIS ACTIONS. THE DEFENDANT STATED THAT HE KNEW THAT HE WAS WRONG, HOWEVER, HE THREW THE CUP OF COFFEE IN THE VICTIM'S FACE, DUE TO TENSION BETWEEN THEM THAT HAD ESCALATED OVER TIME. HAVING THE DEFENDANT'S STATEMENT POST MIRANDA, ALONG WITH HIS ADMISSION OF GUILT, I DETERMINED THAT THE DEFENDANT WAS THE PRIMARY AGGRESSOR IN THIS INCIDENT. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR BATTERY AGAINST THE VICTIM. THE DEFENDANT WAS COOPERATIVE. HE WAS HANDCUFFED (DOUBLE LOCKED) IN FRONT, DUE TO AGE AND AN INJURY TO HIS RIGHT SHOULDER. A PAT DOWN SEARCH WAS CONDUCTED, WHICH MET WITH NEGATIVE RESULTS. THE DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE, SECURED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. AT THAT TIME, NO FURTHER ACTION WAS TAKEN BY THIS DEPUTY. |
