| Probable cause affidavit: |
SUBMITTED BY: PANETTI, JAMES 1304 (15-167805) (AR15-17755) 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: SPITTING IN THE VICTIM'S FACE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 122815, I WAS ON A FOLLOW-UP IN REFERENCE TO CASE 15-167805 IN REFERENCE TO AN ATTEMPT TO CONTACT THE DRIVER OF THE VEHICLE INVOLVED IN THIS ROAD RAGE INCIDENT WHERE I WAS PROVIDED WITH THE LICENSE PLATE NUMBER. I RESPONDED TO 6683 WEST ROBIN LANE, IN HOMOSASSA, WHICH IS THE REGISTERED ADDRESS OF THE VEHICLE INVOLVED, WHERE I MET NEGATIVE RESULTS FOR CONTACT. WHILE ATTEMPTING TO DO RESEARCH AND "BOLOING" THE AREA FOR THE VEHICLE, DEPUTY STOKES 0736 AND DEPUTY AGUILERA 1238 WERE ON AN UNRELATED CALL AT THREE RIVERS MOTEL. I PULLED IN TO ASSIST ON THEIR CALL AND NOTICED A BLUE JEEP GRAND CHEROKEE WHICH IS THE DESCRIPTION OF THE VEHICLE INVOLVED IN THIS CASE. THOSE DEPUTIES DID NOT NEED MY ASSISTANCE ON THEIR CALL SO I WALKED AROUND TO THE REAR OF THE BLUE JEEP AND RAN THE LICENSE PLATE WHICH READ EMCU57 AND MATCHED THE LICENSE PLATE OF THE VEHICLE I WAS SEARCHING FOR AND REGISTERED TO THE DEFENDANT, MR DONALD ROSS. I APPROACHED THE MANAGER OF THREE RIVERS MOTEL AND SHE ADVISED THE OWNER OF THAT VEHICLE GOES BY THE NAME OF DON AND IS CURRENTLY RESIDING IN ROOM E. I MADE CONTACT WITH THE DEFENDANT IN ROOM E AND HE IDENTIFIED HIMSELF AS DON ROSS. I ASKED THE DEFENDANT IF HE IS THE ONLY DRIVER OF HIS BLUE JEEP TO WHICH HE STATED YES. I ASKED THE DEFENDANT IF HE HAD ALLOWED ANYONE TO BORROW HIS VEHICLE RECENTLY AND HE SAID NO. I THEN ADVISED THE DEFENDANT THAT HE WAS CURRENTLY NOT UNDER ARREST; HOWEVER, I WAS GOING TO BE ASKING SOME QUESTIONS. THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD CONTINUE SPEAKING WITH ME. I ASKED THE DEFENDANT WHERE HE WAS ON CHRISTMAS EVE EARLIER IN THE DAY IN REFERENCE TO A ROAD RAGE INCIDENT THAT HAD OCCURRED. THE DEFENDANT QUICKLY RECALLED THE INCIDENT, STATING THAT THE VICTIM PULLED OUT IN FRONT OF HIM, WHERE HE THEN MOVED INTO THE RIGHT LANE TO PASS HIM. THE DEFENDANT STATED WHILE HE WAS PASSING THE VICTIM, THE VICTIM WAS DOING SOME GESTURES WITH HIS HANDS. THE DEFENDANT STATED WHILE THEY WERE AT THE RED LIGHT AT CARDINAL AND HIGHWAY 19, HE EXITED HIS VEHICLE AND APPROACHED THE VICTIM'S VEHICLE WHERE THEY EXCHANGED WORDS AND HE RETURNED TO HIS CAR AND CONTINUED ON HIS WAY. A SEPARATE INCIDENT OCCURRED THIS MORNING INVOLVING THE DEFENDANT WHERE THE DEFENDANT WAS INVOLVED IN A ROAD RAGE WHICH INVOLVED A CITRUS COUNTY SHERIFF'S OFFICE NON-SWORN EMPLOYEE. I MADE CONTACT WITH THAT EMPLOYEE/WITNESS VIA TELEPHONE WHOSE INFORMATION IS BEING WITHHELD FROM THIS REPORT FOR HER PROTECTION. THE WITNESS ADVISED THAT DURING THIS MORNING'S INCIDENT, 122815, SHE AND HER HUSBAND WERE TRAVELING WEST ON HIGHWAY 44, LEAVING INVERNESS NEAR THE INTERSECTION OF 44 AND WAL-MART WHERE A BLUE JEEP WAS APPROACHING THEM RATHER QUICKLY FROM THE REAR WHEN THE BLUE JEEP FLASHED ITS HEADLIGHTS AND THE WITNESS' VEHICLE MOVED OVER TO THE RIGHT LANE TO ALLOW THE BLUE JEEP TO PASS. WHEN IT PASSED, IT ALSO MOVED INTO THE RIGHT LANE AND APPLIED THE BRAKES IN A MANOR THAT CAUSED THE DRIVER OF THE WITNESS VEHICLE TO HAVE TO HIT THEIR BRAKES AND MOVE OVER TO THE INSIDE LANE IN ORDER TO AVOID A REAR END COLLISION. THE WITNESS ADVISED THAT THEY ATTEMPTED TO PASS THE JEEP AS THEY WERE GOING EXTREMELY SLOW AND WERE ABLE TO SEE A WHITE MALE DRIVER WITH LONG GREY HAIR IN A PONYTAIL AND A MUSTACHE. THE DEFENDANT THEN ACCELERATED AND THEN BRAKED THE SAME TIME THE WITNESSES VEHICLE DID. THE WITNESS THEN ADVISED THAT THE DEFENDANT ATTEMPTED TO RUN THEM OFF OF THE ROAD BY COMING DIRECTLY IN THEIR LANE WHILE HE WAS BESIDE THEM. I MADE CONTACT WITH THE DEFENDANT IN REFERENCE TO THIS SEPARATE INCIDENT WHERE HE ADVISED THAT HE RECALLED A SIMILAR ROAD RAGE INCIDENT THIS MORNING IN INVERNESS NEAR LOWES ON HIGHWAY 44 WHERE HE INITIALLY DESCRIBED THE VEHICLE AS A RED TRUCK PULLING A CAMPER WHERE THAT VEHICLE ATTEMPTED TO PASS HIM ON THE RIGHT IN THE GRASS WHILE HE WAS IN THE OUTSIDE LANE. THE DEFENDANT STATED THEY ATTEMPTED TO RUN HIM TO THE INSIDE LANE AND THEN OFF OF THE ROAD. IT IS COMMON PRACTICE BY ME TO ASK PEOPLE TO REPEAT THEIR ACCOUNT OF THE INCIDENT MORE THAN ONCE DURING MY INVESTIGATION. THE DEFENDANT STATED DURING THE SECOND ACCOUNT OF THE INCIDENT THIS MORNING THAT HE NEVER SAID THE RED TRUCK WAS TOWING A TRAILER BUT THAT THE TRUCK HAD A BED TOPPER ON IT. HOWEVER, THE REST OF HIS ACCOUNT CORROBORATED WITH THE FIRST. DUE TO THE DEFENDANT PLACING HIMSELF AT THE INCIDENT ON HIGHWAY 19 AND CARDINAL STREET AND ADMITTING TO ME POST MIRANDA THAT HE DID EXIT THE VEHICLE AT THE TRAFFIC LIGHT AND CONFRONT THEM, THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT PROVIDED A SWORN WRITTEN STATEMENT ON THE INCIDENT AT HIGHWAY 19 AND CARDINAL LANE. THE WITNESS TO THE SECOND INCIDENT IS CURRENTLY OUT OF TOWN ON VACATION, HOWEVER, WILL SUBMIT A SWORN WRITTEN STATEMENT WHEN SHE RETURNS. THE DEFENDANTâS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. |
