| Probable cause affidavit: |
SUBMITTED BY: FAGAN, RYAN 1423 (AR16-22065/16-176358) 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 PUNCHED the VICTIM IN THE FACE TWICE, and WHEN BOTH PARTIES WENT DOWN TO THE GROUND, THE DEFENDANT BIT THE VICTIM IN the ABDOMINAL AREA, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 122516, AT APPROXIMATELY 2216 HOURS, I ARRIVED ON SCENE AT 8510 NORTH RONDA DRIVE IN DUNNELLON IN REFERENCE TO A BATTERY THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH VICTIM, MR DANIEL LESSER, WHO STATED HE HEARD NOISES COMING FROM OUTSIDE THE RESIDENCE. HE STATED WHEN HE WENT OUTSIDE, HE SAW MR DAVID PINERO, LATER IDENTIFIED AS THE DEFENDANT, PUTTING OUTSIDE LAWN CHAIRS IN THE BACK OF HIS TRUCK. THE VICTIM STATED HE GRABBED THE SECOND CHAIR FROM THE DEFENDANT, WHERE THEY GOT INTO A VERBAL ARGUMENT. THE VICTIM STATED WHEN THEY BOTH PUT THE CHAIR DOWN, THAT WAS WHEN THE DEFENDANT PUNCHED HIM TWICE ON THE LEFT SIDE OF HIS FACE AND THAT WAS WHEN THE VICTIM TOOK THE DEFENDANT DOWN TO THE GROUND. I NOTICED A LITTLE REDNESS ON THE LEFT SIDE OF THE VICTIM'S FACE IN THE CHEEK AREA. THE VICTIM STATED WHILE THEY WERE ON THE GROUND, THE DEFENDANT HAD HIT HIM A FEW MORE TIMES AND THEN BIT HIM IN HIS ABDOMINAL AREA. WHILE LOOKING AT THE VICTIM, I NOTICED A CLEAR BITE MARK THAT SEEMED TO BE CONSISTENT WITH WHAT WOULD BE A HUMAN BITE. I ASKED THE VICTIM HOW THE DEFENDANT WOULD HAVE BIT HIS ABDOMEN. HE STATED WHILE THEY WERE ON THE GROUND, THE VICTIM WAS ON TOP OF THE DEFENDANT TRYING TO RESTRAIN HIM UNTIL LAW ENFORCEMENT GOT ON SCENE. THE VICTIM STATED HE REALIZED THE DEFENDANT HAD BIT HIM AND CONTINUED TO STRUGGLE WITH THE DEFENDANT ON THE GROUND. THE VICTIM STATED THE DEFENDANT HAD STATED HE COULD NOT BREATHE AND THAT WAS WHEN THE VICTIM GOT OFF OF HIM. THE DEFENDANT TOOK OFF ON FOOT DOWN THE ROAD BEFORE LAW ENFORCEMENT GOT THERE. I SPOKE TO BOTH WITNESSES, MS LAURA PINERO AND MR TRAVIS LEWIS, WHO BOTH STATED THEY WITNESSED THE DEFENDANT GET INTO A CONFRONTATION WITH THE VICTIM AND WHEN THE DEFENDANT AND THE VICTIM PUT THE SECOND CHAIR DOWN, THAT WAS WHEN THE DEFENDANT PUNCHED THE VICTIM TWICE IN THE FACE AND THAT WAS WHEN THE VICTIM PUT THE DEFENDANT DOWN TO THE GROUND. THEY STATED THE VICTIM WAS ON TOP OF THE DEFENDANT TRYING TO RESTRAIN HIM. THEY ADVISED THEY DID NOT KNOW ABOUT THE VICTIM BEING BIT UNTIL AFTER THE DEFENDANT HAD LEFT THE SCENE. WHILE ON SCENE, THE DEFENDANT HAD RETURNED BACK WHERE I MADE CONTACT WITH HIM. THE DEFENDANT ADVISED HE HAD COME OVER TO THE RESIDENCE TO GET THE TWO LAWN CHAIRS THAT WERE ON THE FRONT PORCH. HE STATED AS HE WAS LOADING UP THE SECOND CHAIR, THAT WAS WHEN THE VICTIM CAME OUT AND HAD GONE AFTER HIM. THE DEFENDANT STATED HE NEVER PUNCHED THE VICTIM, AND THE VICTIM HAD THROWN HIM DOWN TO THE GROUND. I ASKED THE DEFENDANT IF HE BIT THE VICTIM WHILE THEY WERE ON THE GROUND. HE STATED HE DID NOT. HE STATED IT WAS HIS DOG WHO HAD BIT THE VICTIM. AT THAT TIME, I PLACED THE DEFENDANT IN HANDCUFFS, DOUBLE-LOCKED, BEHIND HIS BACK AND PLACED HIM IN THE REAR OF MY PATROL VEHICLE UNTIL I COULD FINISH MY INVESTIGATION. AT THAT TIME, I HAD THE VICTIM AND THE TWO WITNESSES FILL OUT SWORN WRITTEN STATEMENTS. PHOTOGRAPHS WERE TAKEN OF THE VICTIM BY DEPUTY YERBURY (1244). SEE HIS CRIME SCENE INVESTIGATION REPORT. I THEN ASKED THE VICTIM AGAIN HOW HE BELIEVED HE GOT THE BITE MARK. HE STATED WHILE THEY WERE ON THE GROUND, AND HE WAS ON TOP OF THE DEFENDANT, THAT WAS WHEN HE BELIEVED THE DEFENDANT BIT HIM. I ASKED THE DEFENDANT ONE MORE TIME IF HE HAD BIT THE VICTIM. HE CONTINUED TO STATE HE BELIEVED HIS DOG BIT HIM. AT THAT TIME, I DETERMINED THE DEFENDANT WAS THE PRIMARY AGGRESSOR BETWEEN WITNESS STATEMENTS AND THE EVIDENCE SHOWING INJURY. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST AND BEING CHARGED WITH SIMPLE BATTERY. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF SIMPLE BATTERY WITH A BOND SET AT $1,000.00, PER THE BOND SCHEDULE. ALL PAPERWORK WAS TURNED IN TO RECORDS. NO FURTHER ACTION TAKEN BY THIS DEPUTY. |
