| Probable cause affidavit: |
SUBMITTED BY: MERRITT, JAMES 0757 (AR11123240) 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 CHEST BUMPED THE VICTIM, THEN GRABBED HER BY THE NECK WITH HIS RIGHT HAND, WRAPPED HIS LEFT HAND AROUND THE VICTIM AND BEGAN CHOCKING HER. IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 102011 AT APPROXIMATELY 1639 HOURS, I RESPONDED TO 363 NORTH LOCHVIEW TERRACE IN REFERENCE TO A BATTERY. UPON MY ARRIVAL, I MADE CONTACT WITH THE VICTIM, MS SAMANTHA DUBY, WHO STATED THAT SHE WAS CHOCKED BY THE DEFENDANT, MR DANIEL KLEIN, APPROXIMATELY 20 MINUTES AGO. I OBSERVED A LEFT ABRASION UNDER HER LEFT CHIN BONE THAT WAS STILL LIGHTLY BLEEDING. THE VICTIM APPEARED VERY UPSET AND WAS CRYING. THE VICTIM STATED THAT SHE WENT TO THE DEFENDANT'S RESIDENCE, LOCATED AT 5177 WEST HOMOSASSA TRAIL, IN REFERENCE TO DROPPING HER NIECE OFF. WHEN SHE HAD ARRIVED, SHE BEGAN SWITCHING VEHICLES BECAUSE SHE WAS BORROWING THE DEFENDANT'S VEHICLE. THE VICTIM STATED THAT SHE SET THE DEFENDANT'S KEYS DOWN AND THEY BEGAN TO VERBALLY ARGUE. THE DEFENDANT BEGAN SCREAMING AT HER, TELLING HER TO "GET THE FUCK OFF OF MY PROPERTY". THE VICTIM STATED SHE BEGAN LOADING UP HER VEHICLE AS THEY WERE STILL YELLING AT EACH OTHER. THE VICTIM STATED THAT SHE CALLED HIM A "FUCKING ASSHOLE" AND THE DEFENDANT CALLED HER A "CUNT". THE VICTIM STATED THAT THE DEFENDANT ENGAGED HER BY HER VEHICLE AND BEGAN TAUNTING HER TELLING HER TO HIT HIM. THE VICTIM STATED THAT HE BEGAN CHEST BUMPING HER CAUSING HER TO STEP BACK WARDS. THE VICTIM STATED THAT HE THEN GRABBED HER BY THE NECK WITH HIS RIGHT HAND, THEN HIS LEFT AND THEN BEGAN CHOKING HER AFTER THE WITNESSES TOLD THE DEFENDANT TO LET GO, HE DID. THE VICTIM STATED THAT SHE GOT INTO HER VEHICLE AND DROVE HOME TO 363 NORTH LOCHVIEW TERRACE AND THEN CALLED FOR ASSISTANCE. I MADE CONTACT WITH THE DEFENDANT AT HIS ADDRESS LOCATED AT , 5177 WEST HOMOSASSA TRAIL. POST MIRANDA, THE DEFENDANT STATED THAT HE GRABBED HER BY THE NECK AFTER SHE GRABBED HIM. THE DEFENDANT ADMITTED TO VERBALLY SCREAMING AT HER AND CALLING HER A "CUNT": THE DEFENDANT STATED THAT HE JUST WANTED HER OFF OF HIS PROPERTY. I OBSERVED NO PHYSICAL EVIDENCE OF INJURIES TO THE DEFENDANT'S NECK. I PLACED HIM UNDER ARREST FOR SIMPLE BATTERY, PLACING HIM IN HANDCUFFS (DOUBLE LOCKED) AND THEN PLACED THE DEFENDANT IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED HIM TO THE CITRUS COUNTY SHERIFF'S OFFICE DETENTION FACILITY WITHOUT FURTHER INCIDENT. THE BOND WAS SET AT $500.00. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
