| Probable cause affidavit: |
SUBMITTED BY: PINNER, DAVID 0473 (AR09107428) 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: GRABBED THE VICTIM ON the ARM IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, APPLEBEE'S TO WIT: ONE BOTTLE OF JACK DANIEL'S whiSKY , SAID PROPERTY BEING OF A VALUE OF $34.00, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATE STATUTES 812.014(1) and 812.014(3)(a). ON 013009 AT 0057 HOURS, I RESPONDED TO APPLEBEE'S IN CRYSTAL RIVER, IN REFERENCE TO A LARGE PHYSICAL ALTERCATION. UPON ARRIVAL, CONTACT WAS MADE with THE VICTIM. THE VICTIM STATED THAT THE DEFENDANT, mr david fernandez, WAS INVOLVED IN A PHYSICAL ALTERCATION with SEVERAL other SUBJECTS, AND AFTER BREAKING UP the FIGHT, THE SUBJECT THEN APPROACHED HER AND GRABBED HER ON the ARM NEAR THE WRIST. THE VICTIM STATED THAT SHE SHOOK THE DEFENDANT OFF, AND TOLD HIM NOT TO TOUCH HER. THE VICTIM STATED THE DEFENDANT CONSISTENTLY WALKED AT her AND GRABBED HER WRISTS UNTIL SHE WAS ABLE TO GET BACK INSIDE THE RESTAURANT, LEAVING THE DEFENDANT OUTSIDE. The VICTIM FURTHER ADVISED THAT PRIOR TO THE FIGHT, SHE WITNESSED THE DEFENDANT HOLDING A BOTTLE OF JACK DANIELS WHISKY IN HIS HAND. SHE STATED THIS BOTTLE HAD ONE OF THEIR POORER SPOUTS INSIDE OF IT THEREFORE, SHE WAS ABLE TO IDENTIFY IT AS BELONGING TO APPLEBEE'S. the BOTTLE WAS REMOVED FROM the DEFENDANT and TURNED BACK OVER TO APPLEBEE'S. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. IT SHOULD BE NOTED THAT THE DEFENDANT WAS EXTREMELY INTOXICATED, his SPEECH WAS EXTREMELY SLURRED, and HE COULD NOT STAND UP STRAIGHT. THE DEFENDANT VOMITED IN THE REAR OF MY PATROL VEHICLE AND IN THE BOOKING OFFICE AT THE DETENTION FACILITY. UPON ARRIVAL AT the DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA VIA PRE-PRINTED CARD, AND HE STATED THAT HE would SPEAK TO ME. I ASKED THE DEFENDANT ABOUT the INCIDENT, and the DEFENDANT STATED THERE WAS NO FIGHT, AND HE DID NOT know WHAT I WAS TALKING ABOUT. THE DEFENDANT'S TOTAL BOND WAS SET AT $750.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
