| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, EVAN 1336 (AR15-14867) did knowingly, actually and intentionally touch or strike CORRECTIONAL OFFICER WALTER BERMUDEZ, against the will of that person while knowing that the said OFFICER was engaged in a lawful performance of HIS legal duties, in violation of Florida Statute, 784.07(2)(B). ON 050615, I RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY LOCATED AT 2604 WEST WOODLAND RIDGE DRIVE IN LECANTO, IN REFERENCE TO A BATTERY THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR WALTER BERMUDEZ, WHO IS A CORRECTIONAL OFFICE AT THE FACILITY. I MADE CONTACT WITH THE VICTIM WHO ADVISED THE FOLLOWING: ON 050515, AT APPROXIMATELY 1641 HOURS, HE AND OTHER CORRECTIONAL OFFICERS WERE MOVING INMATES INTO A DIFFERENT CELL. THE VICTIM STATED HE ASKED THE DEFENDANT, MR CQUAN CELESTINE, TO STAY BACK SO THE OFFICERS COULD SPEAK WITH HIM. AT THAT TIME, THE DEFENDANT BECAME VERY AGGRESSIVE AND PUSHED THE VICTIM IN THE CHEST CAUSING HIM TO STEP BACKWARDS. THE VICTIM COMPLETED A SWORN WRITTEN STATEMENT, AND ALSO PROVIDED ME WITH AN INCIDENT STATEMENT FROM THE PREVIOUS DAY; A MEDICAL FORM AND A DISCIPLINARY FORM. ALL PAPERWORK WAS LATER SUBMITTED TO RECORDS. WHEN ASKED WHY HE DID NOT CALL THE PREVIOUS DAY, THE VICTIM STATED THAT HE JUST TOOK SOME TIME TO THINK ABOUT THE INCIDENT, AND REALIZED THAT HE DID NOT WANT THE DEFENDANT TO GET AWAY WITH PUSHING HIM. I THEN SPOKE WITH THE DEFENDANT, WHO WAS UNCOOPERATIVE AND WOULD NOT PUT HIS HANDS THROUGH THE SLOTS OF THE DOOR TO BE HANDCUFFED. I THEN TOOK KNEE AND SPOKE WITH THE DEFENDANT THROUGH THE SLOT IN THE DOOR. I EXPLAINED TO THE DEFENDANT THAT I WAS AT THE DETENTION FACILITY TO INVESTIGATE THE BATTERY THAT OCCURRED THE DAY BEFORE. THE DEFENDANT IMMEDIATELY BECAME EXTREMELY UPSET. THE DEFENDANT REPEATEDLY STATED THAT HE DID NOT DO ANYTHING WRONG, AND AT THE PRISON HE CAME FROM IN VIRGINIA, AN INCIDENT LIKE THIS WOULD BE NO BIG DEAL. THE DEFENDANT THEN REFUSED TO COMPLETE A SWORN WRITTEN STATEMENT, AND RE-STATED THAT THE INCIDENT THAT HAPPENED THE DAY BEFORE WAS NO BIG DEAL. I THEN VIEWED VIDEO SURVEILLANCE FOOTAGE OF THE INCIDENT WHERE I COULD NOT SEE THE DEFENDANT DUE TO HIM BEING AROUND THE CORNER. HOWEVER, I COULD SEE THE VICTIM STANDING BY THE DOOR, AND THEN VERY QUICKLY GET MOVED BACK AS THOUGH HE HAD BEEN PUSHED. I COLLECTED A COPY OF THE SURVEILLANCE FOOTAGE WHICH WAS LATER SUBMITTED TO EVIDENCE. I THEN RETURNED TO THE DEFENDANTâS CELL AND INFORMED HIM THAT HE WAS BEING ARRESTED FOR THE BATTERY THAT OCCURRED THE PREVIOUS DAY ON A CORRECTIONS OFFICER. THE DEFENDANT CONTINUED TO STATE THAT WHILE AT THE PRISON IN VIRGINIA, INMATES PUSHED CORRECTIONS OFFICERS ALL THE TIME AND IT WAS NO BIG DEAL. THE DEFENDANT WAS THEN PLACED UNDER ARREST AND LEFT IN THE CITRUS COUNTY DETENTION FACILITY. I COMPLETED THE ARREST AND TURNED THE DEFENDANTâS PAPERWORK INTO THE BOOKING DIVISION, WHERE HIS BOND WAS SET AT $5,000.00 FOR THE ABOVE LISTED CHARGE. |
