| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR09111212) 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: SLAPPING THE VICTIM IN THE BACK OF THE HEAD AND THEN STRIKING HIM IN THE FACE CAUSING A LACERATION OF THE VICTIM'S LIP, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 100109, I WAS DISPATCHED TO 833 PRITCHARD ISLAND ROAD IN INVERNESS IN REFERENCE TO A POSSIBLE BATTERY IN PROGRESS. WHILE EN ROUTE, THE COMPLAINANT ADVISED THAT HIS NEIGHBOR WAS "GOING CRAZY". DISPATCH FURTHER ADVISED THE SUSPECT WAS A WHITE MALE IN HIS 20'S. UPON ARRIVAL, I MADE CONTACT WITH THE DEFENDANT, WHO WAS STANDING OUTSIDE HIS RESIDENCE NEXT TO THE VICTIM AND HIS MOTHER, THE WITNESS. I INFORMED THE DEFENDANT I NEEDED TO SPEAK WITH HIM AND ASKED THAT HE STEP AWAY FROM THE VICTIM AND THE WITNESS TO SPEAK WITH ME, TO WHICH HE HESITANTLY COMPLIED. THE DEFENDANT, WHO WAS INTOXICATED, STATED HE HAD BEEN INVOLVED IN A VERBAL ARGUMENT WITH THE WITNESS AND THE VICTIM OVER "STUPID STUFF" BUT THAT THE ALTERCATION HAD NEVER TURNED PHYSICAL. I THEN ASKED THE DEFENDANT TO VERIFY THAT NOTHING PHYSICAL HAD OCCURRED BETWEEN ANY OF THE PARTIES TO WHICH STATED THAT IT HAD NOT. I THEN MADE CONTACT WITH THE VICTIM, WHO STATED THAT THE DEFENDANT HAD BECOME INVOLVED IN A HEATED ALTERCATION WITH HIS MOTHER, THE WITNESS, AND THAT HE HAD STEPPED IN TO ASSIST HER. AT THAT TIME, THE DEFENDANT SLAPPED THE VICTIM IN THE BACK OF THE HEAD AND STRUCK HIM IN THE FACE CAUSING HIS LIP TO BLEED. THE VICTIM THEN PULLED HIS LOWER LIP DOWN, AT WHICH TIME, I OBSERVED A LACERATION IN THE LOWER PORTION OF HIS LIP AND OBSERVED IT TO BE BLEEDING. THE VICTIM STATED HE DID NOT RETALIATE OR STRIKE THE VICTIM BACK. AT THAT TIME, I MADE CONTACT WITH THE WITNESS WHO CONFIRMED THAT SHE HAD BEEN INVOLVED IN A VERBAL ALTERCATION WITH THE DEFENDANT AND THAT THE DEFENDANT HAD IN FACT STRUCK THE VICTIM. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, AND WAS PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT STATED IT WAS UNFAIR THAT HE WAS BEING ARRESTED AND STATED THE VICTIM HAD STRUCK HIM FIRST. HE THEN BECAME AGITATED AND KICKED THE DOOR TO MY PATROL VEHICLE APPROXIMATELY TEN TIMES. THE DEFENDANT WAS ADVISED THAT HE WOULD BE SUBDUED IF HE CONTINUED TO KICK THE DOOR TO WHICH HE REPLIED "HOW MANY TIMES DO I HAVE TO KICK IT?".. HE THEN KICKED THE DOOR AND WINDOW TO MY PATROL VEHICLE APPROXIMATELY 10 TO 15 ADDITIONAL TIMES, AT WHICH TIME, HE WAS EXPOSED TO OC SPRAY TO CEASE THE AGGRESSION. THE DEFENDANT CONTINUED TO SCREAM AND YELL. WHILE EN ROUTE TO THE DETENTION FACILITY, I ROLLED DOWN THE REAR WINDOWS TO THE PATROL VEHICLE SLIGHTLY SO THAT THE DEFENDANT COULD HAVE AIR FLOW. WHILE APPROXIMATELY HALF WAY TO THE DETENTION FACILITY, THE DEFENDANT ATTEMPTED TO STICK HIS ENTIRE BODY OUT OF THE WINDOW. WHEN I BEGAN TO STOP TO PREVENT THE DEFENDANT FROM ESCAPING, HE BEGAN TO KICK THE DOOR AGAIN. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF. IT SHOULD BE NOTED THAT THE DEFENDANT STATED HE WAS CURRENTLY ON PROBATION FOR DRIVING WHILE UNDER THE INFLUENCE. IT SHOULD ALSO BE NOTED THAT A WRITTEN STATEMENT WAS NOT OBTAINED FROM THE VICTIM DUE TO HIS INTOXICATED STATE. *NOT-EXEMPT* |
