| Probable cause affidavit: |
SUBMITTED BY: LIOTTA, KATHLEEN 0417 (AR11121288) (0120) KNOWINGLY AND UNLAWFULLY COMMIT LEWD AND LASCIVIOUS MOLESTATION ON A PERSON BETWEEN THE AGE OF 12-16 (TWO FEMALE VICTIMS BOTH AGE 13 DOB: 071697), TO WIT: UTILIZING A TORPEDO POOL TOY (SIMULATED AS A SEX TOY) BY RUBBING AND FONDLING THE VICTIM'S VAGINAL AREAS, BETWEEN THEIR LEGS AND BUTTOCKS AREA, WHILE THE DEFENDANT IS OVER THE AGE OF 18 (DOB 121874), IN VIOLATION OF FLORIDA'S STATE STATUTE 800.04(5)(C)(2). ON 053011, THIS AGENCY BECAME INVOLVED IN THE INVESTIGATION OF ALLEGATIONS OF IMPROPER BEHAVIOR BY THIS DEFENDANT, MR DONALD FOWLER, OVER THE PAST TWO MONTHS WITH THE ABOVE VICTIMS. THIS DETECTIVE CONDUCTED SWORN INTERVIEWS WITH THE TWO FEMALE VICTIMS. THEY BOTH DISCLOSED THAT WHENEVER THEY WERE OVER A FRIEND'S POOL IN THE PAST FEW MONTHS, THE DEFENDANT WOULD SHOW UP. HE WOULD GET IN THE FRIEND'S SWIMMING POOL WHILE THEY WERE ALSO IN THE POOL. THE DEFENDANT WOULD TAKE AND KEEP THE PLASTIC BEACH BALL AND WOULD DEMAND A KISS FROM THE VICTIMS TO GET THE BALL BACK. BOTH VICTIMS STATED THAT THEY REFUSED TO KISS THE DEFENDANT. EACH VICTIM DISCLOSED HOW THE DEFENDANT WOULD USE A POOL TOY (MEASURES APPROXIMATELY 11" IN LENGTH AND ABOUT 2" IN WIDTH) AND POKE THEM IN THEIR VAGINAL AND BUTTOCKS AREA WITH THIS POOL TOY. THEY ALSO DESCRIBED HOW THE DEFENDANT DID THIS UNDER THE WATER AND WOULD PUSH THE TOY BETWEEN THEIR LEGS INTO THEIR CROTCH AREAS. BOTH VICTIMS DESCRIBED HOW UNCOMFORTABLE THIS MADE THEM FEEL. NEITHER OF THE VICTIMS FELT THAT THE TOUCHING WAS ACCIDENTAL, AND DESCRIBED HIS ACTIONS AS DELIBERATE. OUR AGENCY RECEIVED THIS COMPLAINT ON 053011 AFTER ONE OF THE VICTIMS DISCLOSED THE CONDUCT TO AN ADULT FAMILY FRIEND. THAT FAMILY FRIEND THEN TOLD THE VICTIM'S MOTHER, WHO NOTIFIED LAW ENFORCEMENT. THE DEFENDANT WAS LATER CONFRONTED ABOUT THE SITUATION BY THE VICTIM'S MOTHER AND LATER A FAMILY FRIEND. THESE WITNESSES TESTIFY THAT THE DEFENDANT MADE NO ADMISSIONS, BUT HE DID NOT DENY THE CONDUCT. ON 061611, I MADE CONTACT WITH THE DEFENDANT AT HIS RESIDENCE IN CITRUS SPRINGS AND HE WAS PLACED UNDER ARREST AND HANDCUFFED DOUBLE LOCKED. AT APPROXIMATELY 1639 HOURS, PRIOR TO TRANSPORT TO THE CITRUS COUNTY DETENTION FACILITY, HE WAS READ MIRANDA WARNING BY CARD AND MADE THE FOLLOWING STATEMENTS. HE ADMITTED HE HAD MADE MISTAKES WITH THE VICTIMS. HE DENIED THAT HE INTENDED TO HURT THE VICTIMS AND THAT HE CARRIED THE TICKLING EPISODES TOO FAR. "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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
