| Probable cause affidavit: |
SUBMITTED BY: CLARK, CORRY 0711 (AR14-12892) 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 PUNCHED THE VICTIM IN THE SIDE OF THE HEAD, KNOCKING HIM TO THE GROUND, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). UNLAWFULLY ENDANGER THE SAFETY OF ANOTHER OR THEIR PROPERTY WHILE INTOXICATED OR DID WHILE INTOXICATED OR DRINKING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE CAUSE A PUBLIC DISTURBANCE, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 856.011. ON 112114, AT APPROXIMATELY 2305 HOURS, I RESPONDED TO THE ICE-CREAM DOCTOR, LOCATED AT 106 NORTH PINE AVENUE IN INVERNESS, IN REFERENCE TO A DISTURBANCE. UPON MY ARRIVAL, I OBSERVED SERGEANT LAMBERT TO ALREADY HAVE THE DEFENDANT, MR CHARLEY RAINBOW RISE, DETAINED IN HANDCUFFS. AT THAT TIME, I MADE CONTACT WITH THE VICTIM, MR RICHARD CHURCHILL. UPON MAKING CONTACT, I COULD IMMEDIATELY SEE THAT THE VICTIM HAD BLOOD ON THE RIGHT SIDE OF HIS FOREHEAD AND TEMPLE AREA. THE VICTIM ADVISED THAT HE SAW THE DEFENDANT THROUGHOUT THE NIGHT AT COACHâS BAR; HOWEVER HE DID NOT HAVE ANY CONFLICTS OR INTERACTIONS WITH THE DEFENDANT. THE VICTIM STATED THAT LATER ON IN THE EVENING WHILE IN THE PARKING LOT OF THE ICE-CREAM DOCTOR, THE DEFENDANT CAME OUT OF NOWHERE AND PUNCHED THE VICTIM ON THE RIGHT SIDE OF HIS FOREHEAD/TEMPLE AREA, CAUSING A LACERATION AND KNOCKING HIM TO THE GROUND. AT THAT TIME, THE VICTIM FELL, HITTING THE BACK OF HIS HEAD ON THE GRAVEL WHICH ALSO CAUSED ANOTHER LACERATION TO THE BACK OF HIS HEAD. I MADE CONTACT WITH MULTIPLE WITNESSES ON SCENE, WHERE I FIRST SPOKE WITH WITNESS FOUR, MR MICHAEL CRUSCO. WITNESS CRUSCO ADVISED THAT HE OBSERVED THE DEFENDANT, WHO APPEARED OUT OF IT AND HIGHLY INTOXICATED, LEANING AGAINST A POST. HE STATED THAT AS THE VICTIM WALKED PAST THE DEFENDANT, WITNESS CRUSCO HEARD THE DEFENDANT MAKE THE STATEMENT ââIâM GONNA FUCK YOU UPââ. WITNESS CRUSCO ADVISED THAT THE VICTIM DID NOT HEAR THE DEFENDANTâS STATEMENT AND KEPT WALKING. WITNESS CRUSCO FURTHER ADVISED THAT ALL OF A SUDDEN THE DEFENDANT RAN UP BEHIND THE VICTIM AND PUNCHED HIM IN THE HEAD. I THEN SPOKE WITH WITNESS ONE, MR MICHAEL BELL, WHO ADVISED THAT HE OBSERVED THE ALTERCATION. WITNESS BELL STATED THAT HE OBSERVED A MAN WITH LONG HAIR, IDENTIFIED AS THE DEFENDANT, RUN UP BEHIND THE VICTIM AND SLAM HIM TO THE GROUND. I SPOKE WITH WITNESS TWO, MS KATHERINE STALBAUM, WHO ADVISED THE DEFENDANT RAN TOWARDS THE VICTIM AND GRABBED HIS SHOULDER. AT THAT TIME, THE VICTIM TURNED AROUND AND THE DEFENDANT PUNCHED HIM, KNOCKING HIM TO THE GROUND. WITNESS STALBAUM STATED THAT THE VICTIM'S FRIENDS WERE ABLE TO INTERVENE UNTIL LAW ENFORCEMENTâS ARRIVAL. I SPOKE WITH THE VICTIM'S WIFE/WITNESS THREE, MS REVA CHURCHILL, WHO ADVISED THAT EARLIER IN THE NIGHT INSIDE COACHâS SHE WITNESSED THE DEFENDANT, WHO APPEARED TO BE HIGHLY INTOXICATED, SCREAMING AT HIS WIFE. MS CHURCHILL ADVISED THAT SHORTLY AFTER THEY LEFT THE BAR WHILE IN THE PARKING LOT TALKING WITH FRIENDS, THE DEFENDANT CAME FROM BEHIND HER HUSBAND AND PUNCHED HIM IN THE HEAD. SHE ADVISED THAT THEY DO NOT KNOW THE DEFENDANT AND HAVE NEVER HAD ANY ALTERCATION WHICH COULD HAVE CAUSED THE INCIDENT. EMS (EMERGENCY MEDICAL SERVICES) MEDIC 119 RESPONDED AND TREATED THE VICTIM; HOWEVER HE REFUSED TO BE TRANSPORTED TO THE HOSPITAL. PHOTOGRAPHS WERE TAKEN OF THE VICTIM'S INJURIES; SEE MY CRIME SCENE TECHNICIAN REPORT. I THEN MADE CONTACT WITH THE DEFENDANT, WHERE I READ HIM MIRANDA VIA PREPRINTED AGENCY ISSUED CARD. AFTER READING IT TO THE DEFENDANT TWO TIMES, HE STATED BOTH TIME THAT HE DID NOT UNDERSTAND HIS RIGHTS. AFTER REPEATING HIS MIRANDA RIGHTS AGAIN, THE DEFENDANT ADVISED THAT HE DID UNDERSTAND HIS RIGHTS; HOWEVER DID NOT UNDERSTAND WHAT WAS GOING ON. I ASKED THE DEFENDANT WHAT HAPPENED AND HE ADVISED THAT HE WAS UNCLEAR AND DID NOT KNOW WHAT I WAS TALKING ABOUT. THE DEFENDANT APPEARED HIGHLY INTOXICATED, WHERE HE HAD RED BLOODSHOT EYES, HE WAS VERY UNSTABLE ON HIS FEET AND HE HAD SLURRED SPEECH. I ASKED THE DEFENDANT IF HE HAD ANY PROBLEMS WITH THE VICTIM AND HE AGAIN STATED THAT HE DID NOT KNOW WHAT I WAS TALKING ABOUT. I ASKED IF HE RECALLED BEING INVOLVED IN AN ALTERCATION AND HE ADVISED THAT HE DID NOT. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR BATTERY AND DISORDERLY INTOXICATION IN PUBLIC. THE DEFENDANT WAS SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE JAIL, THE DEFENDANT MUMBLED SEVERAL TIMES ââWHAT IF I WASNâT WRONGââ. I ASKED HIM SEVERAL TIMES WHAT HE MEANT, WHERE HE DID NOT ANSWER. I ASKED THE DEFENDANT IF IT WAS REGARDING THE ALTERCATION AND HE ADVISED THAT HE WAS UNSURE WHAT HE WAS TALKING ABOUT AND HE STATED THAT HE ââJUST DOESNâT KNOWââ. UPON ARRIVAL AT THE JAIL, THE DEFENDANT'S BOND WAS SET AT $1,500.00, PER THE BOND SCHEDULE. |
