| Date of birth: | Mar 3, 1979 |
| Probable cause affidavit: | SUBMITTED BY: CULBERTSON, CHRIS 0439 (AR10115688) 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: DEFENDANT DID THROW A ROCK WHICH STRUCK THE VICTIM ON THE RIGHT SIDE OF HIS FACE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 070510 I RESPONDED TO THE AREA OF SOUTH HEWITT POINT IN REFERENCE TO A BATTERY WHICH HAD ALREADY OCCURRED. UPON ARRIVAL I MADE CONTACT WITH THE VICTIM, WHO ADVISED HIS NEIGHBOR, LATER IDENTIFIED AS DONALD POWELL (DEFENDANT) HAD THROWN A LIME ROCK WHICH STRUCK THE VICTIM ON THE RIGHT SIDE OF HIS FACE, CAUSING HIM TO STALL HIS TRACTOR. AT THIS TIME I OBSERVED A RED MARK ON THE RIGHT SIDE OF THE VICTIM'S FACE WITH WHAT ALSO APPEARED TO BE LIME ROCK. THE VICTIM ALSO STATED HIS GLASSES WERE BENT FROM THE IMPACT OF THE ROCK. THE VICTIM STATED HE GOT OFF HIS TRACTOR TO GO TALK WITH THE DEFENDANT, WHO WAS SCREAMING AND HOLLERING, WHICH THE VICTIM COULD NOT UNDERSTAND WHAT WAS BEING SAID. AS THE VICTIM WENT OUT THE GATE AND WAS APPROACHING THE DEFENDANT, THE DEFENDANT RAN DOWN THE STREET. AT THIS TIME THE VICTIM CALLED 9-1-1 AND WAITED FOR OUR ARRIVAL. THE VICTIM REFUSED MEDICAL ATTENTION FOR HIS INJURY, WHICH WAS PHOTOGRAPHED BY THIS DEPUTY. I THEN SPOKE WITH THE DEFENDANT, WHO WAS READ MIRANDA OFF A PREPRINTED CARD. HE STATED HE UNDERSTOOD HIS RIGHTS AND WAS WILLING TO SPEAK WITH THIS DEPUTY. HE STATED HE NEVER THREW A ROCK AND IT WAS WHEN HE WAS RETURNING HOME FROM A WALK. THAT THE VICTIM THREATENED HIM, STATING IF HE WENT BACK TO HIS PROPERTY HE WOULD BEAT HIM UP. AT THIS POINT HE WENT AWAY FROM HIS RESIDENCE TO GO TO A FRIEND'S HOUSE TO CALL HIS MOTHER WHO WAS AT WORK, AND STATED AT NO TIME COULD HE HAVE THROWN A ROCK THAT FAR AND HE WAS AFRAID OF THE VICTIM DUE TO THE VICTIM'S SIZE COMPARED TO HIS. AFTER MORE QUESTIONING, I HAD THE DEFENDANT TELL ME WHAT HAD HAPPENED AGAIN, AND HE AGAIN STATED THAT THE VICTIM THREATENED HIM AND HE THEN HAD RUN OFF DOWN THE STREET AFTER THE VICTIM GOT OFF HIS TRACTOR AND CAME THROUGH THE GATE. AT THIS TIME THERE WAS AN INCONSISTENCY IN HIS STORY. HIS ORIGINAL STATEMENT WAS THAT THE VICTIM CAME DOWN HIS DRIVEWAY AND THREATENED HIM, AS HE GOT OFF THE TRACTOR AND THEN THREATENED. ALSO THE DEFENDANT ORIGINALLY STATED HE WALKED AWAY FROM THE PROPERTY AND THEN CHANGED THE STORY TO STATE THAT HE RAN AWAY FROM THE PROPERTY. WHEN I POINTED OUT THESE INCONSISTENCIES HE STATED IT WAS MORE OF A POWER WALK THAN A RUN AND THAT HE WAS MISTAKEN ABOUT THE VICTIM COMING DOWN THE DRIVEWAY AT FIRST. AT THIS TIME I PLACED THE DEFENDANT UNDER ARREST WHERE HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. A WITNESS STATEMENT WAS FILLED OUT BY THE VICTIM AND PHOTOGRAPHS WERE TAKEN OF THE VICTIM AND OF THE ROCK, FOR EVIDENCE. I MADE CONTACT WITH THE DEFENDANT'S MOTHER WHERE SHE DID CONFIRM HIS STORY THAT HE HAD CALLED HER AND STATED SOMETHING ABOUT THE VICTIM THREATENING HIM, BUT HAD TO GET OFF THE PHONE DUE TO HER BEING AT WORK. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND WAS CHARGED WITH BATTERY. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Arrest date: | Jul 5, 2010 |
| Booking number: | 10115688 |
| Booking location: | Citrus County, FL |
| Code: | 784.03(1)(A)(1) |
| Charge description: | BATTERY |
| Bond amount: | $500 |
