| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR12-1791) THE DEFENDANT DID UNLAWFULLY FIGHT WITH ONE OR MORE PERSONS, TO WIT: A LARGE GROUP, IN A PUBLIC PLACE, TO WIT: THE CITRUS COUNTY SPEEDWAY, LOCATED AT 3600 SOUTH FLORIDA AVENUE IN INVERNESS, TO THE TERROR OF THE PEOPLE, IN VIOLATION OF FLORIDA STATE STATUTE 870.01(1) ON 063012 AT APPROXIMATELY 2040 HOURS, I RESPONDED TO A FIGHT IN PROGRESS WHILE ASSIGNED TO A SECURITY DETAIL AT THE CITRUS COUNTY SPEEDWAY. EARLIER IN THE EVENING, THERE HAD BEEN AN ALTERCATION BETWEEN TWO DRIVERS AND THEIR RESPECTIVE PIT CREWS WHICH RESULTED IN A VERBAL ALTERCATION IN THE PIT AREA. THE CREWS INVOLVED WERE ASSIGNED TO THE 99 CAR AND 32 CAR AND THE ARGUMENT APPEARED TO BE ABOUT CONTACT MADE BETWEEN VEHICLES DURING AN EARLIER RACE. THE DISPUTE BETWEEN THE CREWS LASTED APPROXIMATELY TEN MINUTES AND THE SITUATION WAS DIFFUSED WITHOUT INCIDENT. AFTER THE ALTERCATION, I MADE CONTACT WITH THE MANAGEMENT OF THE CITRUS COUNTY SPEEDWAY AND RECOMMENDED THAT THE FEUDING PARTIES BE EJECTED FOR THE REMAINDER OF THE EVENT TO AVOID FURTHER PROBLEMS, HOWEVER, SPEEDWAY ADMINISTRATION DECLINED TO DO SO. AFTER SPEAKING WITH MANAGEMENT, I OBSERVED AFFILIATES OF BOTH CREWS WALK AND BE SEATED IN THE GRANDSTAND VIEWING AREA ON THE PIT SIDE OF THE RACE TRACK. WHILE WALKING BACK TOWARD THE RACE TRACK, I OBSERVED DEFENDANT WILLIAM BENTLEY HARRIS AND DEFENDANT CHARLES HERNE INVOLVED IN ANOTHER ALTERCATION WHILE IN THE GRANDSTANDS. I IMMEDIATELY NOTIFIED DEPUTY CULBERTSON ABOUT THE ALTERCATION AND STARTED MOVING TOWARD THE LOCATION OF THE ALTERCATION AND BOTH DEFENDANTS. WHILE MAKING MY WAY TOWARD THE OCCURRING ALTERCATION, I OBSERVED DEFENDANT WILLIAM B HARRIS AND DEFENDANT CHARLES HERNE NOSE TO NOSE, EXCHANGING WORDS. AT THAT TIME, A LARGE CROWD GATHERED AND OBSERVED THE INCIDENT TAKING PLACE. BEFORE I WAS ABLE TO MAKE CONTACT WITH EITHER DEFENDANT, I OBSERVED DEFENDANT WILLIAM B HARRIS HEAD-BUTT DEFENDANT CHARLES HERNE IN THE NOSE, WHICH CAUSED DEFENDANT HERNE TO FALL BACKWARDS. I THEN OBSERVED MULTIPLE PEOPLE RESTRAIN DEFENDANT WILLIAM B HARRIS, AT WHICH TIME I REMOVED MY AGENCY ISSUED PEPPER SPRAY AND INFORMED DEFENDANT WILLIAM B HARRIS AND BYSTANDERS THAT IF THE SUBJECTS CONTINUED TO FIGHT, THEY WOULD BE PEPPER SPRAYED TO GAIN COMPLIANCE. WHILE ISSUING VERBAL COMMANDS TO STOP FIGHTING, I OBSERVED MR WILLIAM D HARRIS MOVING DOWN THE BLEACHERS IN THE GRANDSTAND AND ATTEMPT TO STRIKE SOMEONE RESTRAINING HIS SON, DEFENDANT WILLIAM B HARRIS. AFTER MR WILLIAM D HARRIS ATTEMPTED TO LAND A STRIKE ON A SUBJECT IN THE CROWD, ANOTHER SCUFFLE OCCURRED WITHIN THE GROUP WHICH PROMPTED ME TO ISSUE A CONTROLLED ONE SECOND BURST OF PEPPER SPRAY IN A SWEEPING MOTION INTO THE CROWD WITH THE INTENT OF STOPPING THE ALTERCATION, PREVENTING POSSIBLE INJURY TO BYSTANDERS. AFTER ISSUING THE SHORT BLAST OF THE PEPPER SPRAY, I IMMEDIATELY REQUESTED THAT DEPUTY CULBERTSON NOTIFY EMERGENCY MEDICAL SERVICES AND HAVE PERSONNEL RESPOND IN REFERENCE TO TREATMENT FOR PEPPER SPRAY EXPOSURE. WHILE SPEAKING WITH THOSE INVOLVED AFTER THE INCIDENT, I LEARNED THAT THREE INDIVIDUALS HAD BEEN EXPOSED TO PEPPER SPRAY AND THAT THEY WERE NOT DIRECTLY RESPONSIBLE FOR THE INCIDENT. THESE SUBJECTS WERE MS HOLLY SURBER, MS CHRISTINE TRIANA, AND MR CODY STICKER. ALL OF THE AFOREMENTIONED SUBJECTS WERE TREATED BY EMERGENCY MEDICAL SERVICES (MEDIC UNIT 5-A) AND RELEASED WITH NO COMPLICATIONS. AFTER INTERVIEWING DEFENDANT WILLIAM BENTLEY HARRIS, HE ADVISED THAT THE HEAD-BUTT WAS INSTIGATED BY DEFENDANT CHARLES HERNE GRABBING DEFENDANT WILLIAM B HARRISâ GENITALS. I WAS UNABLE TO CONFIRM THAT DEFENDANT CHARLES HERNE HAD TAKEN THAT ACTION PRIOR TO BEING HEAD-BUTTED. AFTER BEING TREATED BY EMERGENCY MEDICAL SERVICES, I MADE CONTACT WITH ALL THREE DEFENDANTS AND PLACED THEM UNDER ARREST. DUE TO THE NATURE OF THE INCIDENT, ALL THREE WERE CHARGED WITH AFFRAY, AS THEY WERE RESPONSIBLE FOR THE LARGE FIGHT AND SUBSEQUENT BREACH OF PEACE. DEFENDANT WILLIAM B HARRIS AND DEFENDANT WILLIAM D HARRIS WERE TRANSPORTED BY DEPUTY LAIRD CANFIELD TO THE CITRUS COUNTY DETENTION FACILITY. DEPUTY CUTLIP ASSISTED BY TRANSPORTING DEFENDANT CHARLES HERNE TO THE CITRUS COUNTY DETENTION FACILITY. BOND FOR ALL DEFENDANTS WAS SET AT $250.00 EACH, PER THE BOND SCHEDULE. I TOOK NO FURTHER ACTION. |
