| Probable cause affidavit: |
SUBMITTED BY: SCHANEL, CHARLES 0252 (AR13-5947) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: A FMK PISTOL, THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021(1)(B); AND DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: A YELLOW DODGE RAM PICKUP TRUCK, WITHOUT THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021(1)(A). ON 060613, AT 0952 HOURS, I WAS DISPATCHED TO CITRUS CYCLE CENTER LOCATED AT 1581 WEST GULF TO LAKE HIGHWAY IN LECANTO, IN REFERENCE TO A DISTURBANCE WHERE A FIREARM HAD BEEN USED. WHILE EN ROUTE TO THE CALL, I WAS ADVISED BY DISPATCH THAT AN EX-EMPLOYEE HAD JUST THREATENED A FELLOW EMPLOYEE with a FIREARM AT THE CITRUS CYCLE CENTER. I WAS ADVISED THAT THE DEFENDANT, MR COLTON NOLAN, HAD JUST LEFT THE SCENE TRAVELING WESTBOUND ON WEST GULF TO LAKE HIGHWAY DRIVING A YELLOW DODGE RAM PICKUP TRUCK. UPON ARRIVAL, CONTACT WAS MADE WITH THE VICTIM, MR RICHARD MONROE. THE VICTIM ADVISED THAT HE WAS THE FLOOR MANAGER OF THE BUSINESS AND WAS JUST INVOLVED IN AN ALTERCATION WITH THE DEFENDANT, WHERE THE DEFENDANT HAD PULLED OUT A HANDGUN POINTING IT AT HIM AND THREATENED TO KILL HIM. THE VICTIM ADVISED THAT THEY WERE MOVING VEHICLES FROM THE BACK OF THE BUSINESS TO THE FRONT DURING TROPICAL STORM ANDREA. THE DEFENDANT BECAME UPSET AND ARGUMENTATIVE WHEN ASKED TO HELP MOVE THE VEHICLES BECAUSE IT WAS RAINING HARD OUTSIDE. HE ADVISED THAT A VERBAL ALTERCATION ENSUED OUTSIDE IN THE BACK GARAGE AREA. THE VICTIM ADVISED THAT THE DEFENDANT THEN WENT BACK INSIDE THE STORE, GATHERED HIS BELONGINGS, AND THEN RESIGNED. HE THEN PROCEEDED BACK OUT BEHIND THE BUSINESS WHERE HIS VEHICLE WAS PARKED AND ANOTHER VERBAL ALTERCATION ENSUED BETWEEN THE VICTIM AND THE DEFENDANT. THE VERBAL ALTERCATION HAD TAKEN PLACE AT THE DEFENDANTâS VEHICLE. THE VICTIM ADVISED THAT SARCASTIC REMARKS WERE SAID BACK AND FORTH BETWEEN HIMSELF AND THE DEFENDANT, AT THAT TIME, THE VICTIM ADVISED THAT THE DEFENDANT HAD MADE A COMMENT THAT âNOW, I HAVE A RIGHT TO DEFEND MYSELF,â TO WHERE THE VICTIM OBSERVED THE DEFENDANT REACH FOR A HANDGUN INSIDE OF THE DEFENDANTâS VEHICLE. THE VICTIM SLAMMED THE DEFENDANTâS DOOR TO PREVENT THE DEFENDANT FROM POINTING THE FIREARM AT HIM. THE VICTIM ADVISED THAT WHILE THE DEFENDANT WAS POINTING THE GUN AT HIM, THE DEFENDANT MADE ANOTHER STATEMENT, âNOW I HAVE A RIGHT TO KILL YOU.â AT THAT TIME, THE VICTIM WALKED AWAY FROM THE DEFENDANT, WENT TO THE FRONT OF THE BUSINESS TO DEFUSE THE SITUATION, AND CONTINUE WORKING. HE ADVISED AT THAT TIME, THE DEFENDANT DROVE HIS VEHICLE FROM the REAR OF THE BUSINESS TO THE FRONT, WHERE THE DEFENDANT AT THAT TIME, ATTEMPTED TO HIT THE VICTIM WITH HIS VEHICLE AS HE WAS LEAVING. THE VICTIM ADVISED THAT IF HE DID NOT MOVE OUT OF THE WAY HE WOULD HAVE BEEN HIT BY THE VEHICLE. THE VICTIM PROVIDED ME WITH A SWORN WRITTEN STATEMENT. I THEN SPOKE WITH A WITNESS, MS KRISTINE MOLLER, WHO IS ALSO AN EMPLOYEE AT THE CITRUS CYCLE CENTER. SHE ADVISED THAT SHE SAW THE VICTIM AND THE DEFENDANT ARGUING IN FRONT OF THE DEFENDANTâS VEHICLE. SHE THEN OBSERVED THE DEFENDANT PULL OUT A HANDGUN, POINTING IT AT THE VICTIM. SHE ALSO PROVIDED ME WITH A SWORN WRITTEN STATEMENT TO THE ABOVE. I THEN SPOKE WITH A SECOND WITNESS, MS JILLIAN BANDEN, WHO IS ALSO AN EMPLOYEE WITH THE CITRUS CYCLE CENTER. SHE ALSO PROVIDED ME WITH A SWORN WRITTEN STATEMENT. SHE ADVISED THAT WHILE SHE WAS GETTING COFFEE SHE OBSERVED THROUGH THE BACK WINDOW, THE VICTIM AND DEFENDANT INVOLVED IN A VERBAL argument NEXT TO THE DEFENDANTâS VEHICLE. SHE OBSERVED THE DEFENDANT PULL OUT THE HANDGUN AND POINT IT AT THE VICTIMâS FACE. AT THAT TIME, SHE SAW THE VICTIM SHUT THE DRIVERâS SIDE DOOR OF THE DEFENDANTâS VEHICLE. THE WITNESS, AT THAT TIME, WENT OUTSIDE AND ASKED ALL EMPLOYEES TO COME INSIDE FOR THEIR SAFETY. MS BANDEN ALSO ADVISED THAT THE DEFENDANT, AFTER HE HAD LEFT THE SCENE, CONTACTED MS BANDEN ADVISING HER OVER A PHONE CONVERSATION THAT HE (THE DEFENDANT) HAD EVERY RIGHT TO PULL A GUN OUT ON THE VICTIM. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS VERY COOPERATIVE AND WILLING TO SPEAK WITH ME. HE CORROBORATED ALL OF THE ABOVE AS TO WHY HE WAS INVOLVED IN THE VERBAL ALTERCATION AND THAT HE DID REMOVE HIS HANDGUN FROM UNDER HIS SEAT, HOWEVER, HE DID NOT POINT IT AT THE VICTIM. THE DEFENDANT STATED THAT HE WAS INSIDE HIS VEHICLE AND THE VICTIM WAS BANGING ON THE DRIVERâS SIDE WINDOW. THE DEFENDANT ADVISED THAT HE THOUGHT HE HAD EVERY RIGHT TO PROTECT HIMSELF BECAUSE HE WAS IN FEAR AND HAD REMOVED THE GUN FROM A GUN CASE UNDER THE PASSENGER SIDE SEAT. HE ADVISED THAT HE DID SHOW THE GUN TO THE VICTIM, ADVISING THE VICTIM THAT HE DID HAVE A RIGHT TO SHOOT HIM IF HE DID NOT STOP. WHEN THE DEFENDANT WAS ASKED ABOUT THE ALLEGATIONS OF HIM TRYING TO RUN THE VICTIM OVER WITH HIS VEHICLE, THE DEFENDANT STATED THAT HE CAME FROM THE BACK OF THE PARKING LOT TO THE FRONT IN ATTEMPTS TO LEAVE THE BUSINESS WHERE HE SAW THE VICTIM. HE STATED THAT HE SWERVED TO SCARE THE VICTIM, HOWEVER, HE HAD NO INTENTIONS OF HITTING HIM WITH THE VEHICLE. THE DEFENDANT STATED AFTER THE INTERVIEW THAT HE PROBABLY HAD MADE SOME POOR CHOICES, HOWEVER, HE WAS IN FEAR FOR HIS LIFE AND THOUGHT HE WAS IN THE RIGHT TO PROTECT HIMSELF. I ADVISED THE DEFENDANT THAT DUE TO INTERVIEWS AT THE SCENE AND SWORN WRITTEN STATEMENTS PROVIDED BY WITNESSES THAT HE WAS BEING PLACED UNDER ARREST, FOR ONE COUNT OF AGGRAVATED ASSAULT WITH A FIREARM, BOND PLACED AT $7,000.00 PER THE BOND SCHEDULE AS WELL AS ONE COUNT OF AGGRAVATED ASSAULT WHERE HE ALLEGEDLY TRIED TO HIT THE VICTIM WITH HIS VEHICLE, BOND PLACED AT $3,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY STAFF WITH NO FURTHER INCIDENT. I PROVIDED THE VICTIM WITH A VICTIMâS RIGHTS PAMPHLET AND AN EXEMPTION FROM PUBLIC RECORDS FORM, WHICH HE SIGNED. THE DEFENDANT WAS ADVISED HE WAS BEING TRESPASSED FROM CITRUS CYCLE CENTER BUSINESS ESTABLISHMENT, WHICH HE STATED HE UNDERSTOOD. A VICTIM NOTIFICATION FORM WAS FILLED OUT AND TURNED IN TO THE CITRUS COUNTY DETENTION FACILITY. THE FIREARM THAT WAS USED IN THE COMMISSION OF this CRIME WAS TAKEN INTO EVIDENCE. A PROPERTY RECEIPT WAS FILLED OUT. ALL PARTIES WERE ISSUED CASE CARDS REFERENCE THIS INVESTIGATIONS. |
