| Probable cause affidavit: |
SUBMITTED BY: FARNHAM, TODD 0368 (AR09110079) 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 DID GRAB THE VICTIM BY THE ARMS LEAVING A BRUISE ON THE UPPER INSIDE ARM IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY FARNHAM , WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: AFTER THE DEFENDANT WAS ASKED TO SIT DOWN HE TURNED TO THIS DEPUTY, STEPPED TOWARDS THIS DEPUTY AND STATED "NO FUCKING WAY ARE YOU GOING MAKE ME SIT DOWN" WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 071909, AT APPROXIMATELY 0240 HOURS, I WAS DISPATCHED TO 600 LONG AVENUE IN INVERNESS, FLORIDA, IN REFERENCE TO A BATTERY THAT HAD ALREADY OCCURRED. WHEN DISPATCHED TO THE CALL, THIS DEPUTY WAS NOTIFIED THAT ONE OF THE SUBJECTS WAS ARMED WITH A KNIFE AND THAT THE KNIFE WAS POSSIBLY ON THE GROUND. UPON ARRIVAL, THERE WERE MANY ADULTS IN THE FRONT YARD. THE DEFENDANT WAS YELLING AND SCREAMING AT APPROXIMATELY FOUR TO FIVE OTHER ADULT MALES AND SEVERAL FEMALES. THE DEFENDANT STARTED GOING AT THE GROUP OF PEOPLE FLAILING HIS ARMS AND TELL THEM TO "BRING IT ON". I COMMANDED THE DEFENDANT TO STOP YELLING AGGRESSIVELY AT THE OTHERS AND GOING AFTER THEM AND TO SIT DOWN ON THE GROUND. THE DEFENDANT TURNED TOWARDS THIS DEPUTY AT THAT TIME, AND STEPPED TOWARDS MY DIRECTIONS WITH HIS RIGHT ARM EXTENDED FORWARD POINTING AT ME. HIS LEFT HAND DROPPED BY HIS LEFT HIP OUT OF MY SIGHT, AND THE DEFENDANT STATED "NO FUCKING WAY ARE YOU GOING TO MAKE ME SIT DOWN". AT THIS TIME, I WAS ABLE TO GRAB THE DEFENDANTS WRIST AND PERFORM A TAKE DOWN ON THE DEFENDANT BY APPLYING A BENT WRIST MANEUVER AT WHICH TIME, THE DEFENDANT LANDED ON HIS STOMACH ON THE GROUND AND I SECURED BOTH OF HIS ARMS BEHIND HIS BACK. DEPUTY DEARDEN STEPPED FORWARD AND HANDCUFFED THE DEFENDANT FOR OFFICER SAFETY UNTIL I COULD OBTAIN THE NECESSARY INFORMATION FOR THIS CALL. DUE TO THE FACT THAT THE DEFENDANT COULD POSSIBLY HAVE HAD A KNIFE IN REFERENCE TO THIS CALL, THIS DEPUTY USED THE USE OF FORCE NECESSARY TO QUICKLY CONTROL THE DEFENDANT DUE TO THE FACT THAT IT WAS POSSIBLE THAT HE COULD HAVE BEEN REACHING FOR THE KNIFE. THE DEFENDANT WAS EXTREMELY CLOSE TO THIS DEPUTY AT THAT TIME. I THEN SPOKE TO THE VICTIM WHO STATED THAT THE DEFENDANT AND SHE HAD GOTTEN INVOLVED IN A VERBAL ALTERCATION AND SHE INFORMED ME THAT SHE WAS LIVING AT THIS RESIDENCE WITH HER SISTER WHO DATES THE DEFENDANT. SHE STATED THAT SHE AND THE DEFENDANT ARGUED AND THE DEFENDANT CALLED HER A "COKE WHORE". AND A "SLUT." SHE STATED THAT WHEN HE TOLD HER HE WOULD LIKE TO SLAP HER IN THE FACE SHE STEPPED FORWARD AND YELLED AT HIM TO "GO AHEAD" AT WHICH TIME, HE GRABBED HER BY THE ARMS AND SHOVED HER OUT OF THE WAY. THE VICTIM THEN STATED THAT THERE WERE NO OTHER PHYSICAL CONFRONTATION BETWEEN HER AND THE DEFENDANT. I THEN SPOKE TO THE DEFENDANT AFTER READING HIM MIRANDA WARNING VIA PRE PRINTED CARD AT WHICH TIME, HE STATED HE WISHED TO SPEAK WITH THIS DEPUTY. THE DEFENDANT STATED THAT ALL THE INDIVIDUALS ON HIS FRONT LAWN WERE FRIENDS OR BROTHERS OF HIS GIRLFRIEND AND THE VICTIM WHO HAD COME THERE TO TRY AND FIGHT HIM BECAUSE THE VICTIM HAD CALLED THEM AND TOLD THEM THAT THE DEFENDANT WAS BEING PHYSICALLY ABUSIVE AT THIS LOCATION. THE DEFENDANT STATED THE VICTIM HAD SLAPPED HIM IN THE FACE FIRST IN THE HALLWAY OF THE HOUSE PRIOR TO HIM SHOVING HER OUT OF THE WAY TO GET AWAY. HE FURTHER STATED THAT THE OTHER SUBJECT THEN ARRIVED SO HE WENT INTO HIS BEDROOM WHERE THEY KNOCKED ON HIS DOOR TELLING HIM TO COME OUT AND GET OUT OF THE HOUSE. HE STATED HE LIVES THERE WITH HIS GIRLFRIEND AND THE VICTIM AND THAT HE WAS NOT GOING TO LEAVE THE HOUSE. THE DEFENDANT STATED THAT HE DID HEAR HIS GIRLFRIEND SCREAMING AT THE OTHERS TO GET OUT HOWEVER, HE WAS AFRAID THAT SOMEONE MAY GET PHYSICAL WITH HIS GIRLFRIEND SO HE WENT OUTSIDE IN THE FRONT YARD WITH HIS GIRLFRIEND WHERE THE SUBJECTS WERE AT THAT TIME. THE DEFENDANT STATED THAT BECAUSE HE WAS GREATLY OUTNUMBERED AND TO KEEP EVERYONE AWAY FROM THERE PRIOR TO MY ARRIVAL, THE DEFENDANT TOOK OUT A KNIFE, AND ADVISED THAT HE HAD THROWN THE KNIFE FAR AWAY ON THE GROUND BECAUSE HE DID NOT WANT TO HARM ANYONE. AT THAT TIME, HE STATED THAT IF THEY WANTED TO FIGHT "BRING IT ON". THE DEFENDANT STATED THAT THIS DEPUTY THEN ARRIVED. I THEN MADE CONTACT WITH THE DEFENDANT'S GIRLFRIEND WHO STATED THAT SHE DID NOT WITNESS THE PHYSICAL ALTERCATION BETWEEN THE VICTIM AND THE DEFENDANT BUT THAT SHE DID NOT SEE THE KNIFE THAT THE DEFENDANT HAD DUE TO THE FACT THAT HE WAS STANDING ON THE SIDE OF THE HOUSE IN THE DARK WITH IT. I THEN SPOKE TO ALL OF THE OTHER WITNESSES WHO WERE THERE WHO CORROBORATED THE DEFENDANT'S GIRLFRIEND'S STATEMENT. DEPUTY DEARDEN LOCATED THE KNIFE ON THE SIDE OF THE HOUSE WHERE THE DEFENDANT STATED HE THREW IT. ALL OF THE WITNESSES ADVISED THAT THEY DID NOT WANT THE DEFENDANT TO GET CHARGED WITH ANY CRIME AND THAT THEY HAD SIMPLY COME TO MAKE SURE THE VERBAL ARGUMENT DID NOT ESCALATE BETWEEN THE DEFENDANT AND THE VICTIM. ALL PARTIES STATED THAT THIS IS OUT OF THE DEFENDANT'S CHARACTER AND THAT THEY NOT BELIEVE THAT HE WOULD HARM ANYONE AND BELIEVED THAT THE DEFENDANT JUST FELT OUTNUMBERED AT FIRST. THE VICTIM LEFT THE RESIDENCE WITH A FRIEND TO STAY AT ANOTHER RESIDENCE. AND THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. IT SHOULD BE NOTED, THAT ONCE THE DEFENDANT WAS IN CUSTODY, HE WAS EXTREMELY COOPERATIVE AND THAT IT WAS DIFFICULT FOR THIS DEPUTY TO DETERMINE IN REFERENCE TO THE BATTERY WHO WAS THE PRIMARY AGGRESSOR. THIS CASE WILL BE FORWARDED TO THE STATE ATTORNEY'S OFFICE WITH A VERIFICATION OF AFFIDAVIT. THE KNIFE FOUND BY DEPUTY DEARDEN WAS TURNED OVER TO EVIDENCE AND CRIME SCENE PHOTOGRAPHS WERE TAKEN BY THIS DEPUTY OF THE BRUISES ON THE VICTIM'S ARM. THE DEFENDANT'S BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
