| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR13-8140) (13-162609) 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: STRIKING THE VICTIM IN HIS ARM CAUSING A COCKTAIL GLASS TO STRIKE HIM IN THE FACE CAUSING HIM INJURY, WHILE HAVING A PREVIOUS CONVICTION FOR SIMPLE BATTERY ON 06171992, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1); AND DID, WITHOUT BEING DULY AUTHORIZED BY THE SHERIFF OR BY THE OFFICER IN CHARGE, UNLAWFULLY INTRODUCE INTO OR POSSESS UPON THE GROUNDS OF A COUNTY DETENTION FACILITY, TO-WIT: CITRUS COUNTY DETENTION FACILITY, AN ARTICLE DECLARED TO BE CONTRABAND, TO-WIT: CANNABIS IN THE AMOUNT OF LESS THAN 20 GRAMS, WHILE SAID PERSON WAS AN INMATE OF SAID FACILITY, IN VIOLATION OF FLORIDA STATUTE 951.22; AND \tdid commit certain acts which are of such a nature as to corrupt the public morals or outrage the sense of public decency or affect the peace and quiet of a person who may witness them, or did engage in brawling or fighting, or in such conduct as to constitute a breach of the peace or disorderly conduct, in that THE DEFENDANT did COMMITTING BATTERY UPON ANOTHER PERSON WHILE INSIDE A PUBLIC ESTABLISHMENT AND IN DOING SO CAUSING A COCKTAIL GLASS TO BREAK ENDANGERING OTHER PATRONS OF the ESTABLISHMENT, in violation of Florida Statute 877.03; AND \t DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS (2.5 GRAMS), IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). ON 112613 AT 1812 HOURS, I WAS DISPATCHED TO 4591 NORTH CARL G ROSE HIGHWAY, COMMONLY REFERRED TO AS T-BACKS BAR, IN REFERENCE TO BATTERY. UPON ARRIVAL AT 1832 HOURS, I MADE CONTACT WITH THE VICTIM, IDENTIFIED AS MR STEPHEN LEONARD, WHO EXPLAINED WHILE INSIDE THE BAR PLAYING POOL, HE WAS APPROACHED BY THE DEFENDANT, HIS GIRLFRIEND, AND THE TWO BEGAN ARGUING NEAR THE POOL TABLE. HE STATED DURING THE ARGUMENT, THE DEFENDANT STRUCK HIS HAND THAT WAS HOLDING A COCKTAIL GLASS WHILE HE WAS DRINKING, WHICH CAUSED HIM A SUPERFICIAL LACERATION TO HIS LIP AND THE GLASS TO FALL ON THE GROUND AND BREAK. WHILE SPEAKING WITH HIM, HE SHOWED ME THE LACERATION TO HIS LIP, WHICH WAS CONSISTENT WITH HIS STORY AND LATER PHOTOGRAPHED BY DEPUTY WILSON ON SCENE. THE VICTIM EXPRESSED HIS INTENT TO PROSECUTE THE DEFENDANT FOR BATTERY AND IT WAS DETERMINED AT THAT TIME THAT THEIR RELATIONSHIP WAS NON-DOMESTIC AS THEY DO NOT RESIDE TOGETHER, NOT MARRIED AND HAVE NO CHILDREN IN COMMON, NOR HAVE THEY EVER. THE VICTIM THEN BEGAN COMPLETING A SWORN WRITTEN STATEMENT ABOUT THE INCIDENT AND I WENT TO MAKE CONTACT WITH THE DEFENDANT. UPON MAKING CONTACT WITH THE DEFENDANT, SHE SPOKE OPENLY AND FREELY ABOUT THE INCIDENT AND STATED SHE HAD BEEN ARGUING WITH THE VICTIM AND NO VIOLENCE HAD OCCURRED. I PROVIDED HER WITH THE INFORMATION ABOUT THE LACERATION TO THE VICTIMâS LIP AND SHE STATED SHE DID NOT KNOW WHERE THAT OCCURRED. I THEN WENT INSIDE AND MADE CONTACT WITH STAFF AT THE ESTABLISHMENT AND WHILE REQUESTING TO REVIEW THE SURVEILLANCE VIDEO OF THE BAR, THE DEFENDANT CAME INSIDE AND BEGAN TO CAUSE A DISTURBANCE IN ORDER TO PREVENT HER FROM BEING ARRESTED. I INSTRUCTED THE DEFENDANT TO GO OUTSIDE AND ALLOW ME TO CONDUCT MY INVESTIGATION, HOWEVER, SHE REFUSED. I PLACED HER IN HANDCUFFS (DOUBLE LOCKED) BEHIND HER BACK AND ADVISED HER SHE WAS BEING DETAINED FOR THE REMAINDER OF THE INVESTIGATION. I ALSO READ THE DEFENDANT HER MIRANDA RIGHTS AND SHE REMAINED IN MY PATROL VEHICLE BEING SUPERVISED BY DEPUTY WILSON. I THEN WENT INSIDE AND REVIEWED THE SURVEILLANCE FOOTAGE, WHICH CLEARLY SHOWED THE DEFENDANT SHOVING THE VICTIM AND THEN ON A SECOND OCCASION STRIKING HIM IN THE HAND WHILE HE WAS DRINKING, WHICH CAUSED INJURY TO HIS LIP. AFTER REVIEWING THE FOOTAGE, I REQUESTED A COPY OF THE FOOTAGE BE CREATED TO BE SUBMITTED INTO EVIDENCE AND WENT OUT TO SPEAK WITH THE VICTIM ONCE AGAIN. DURING MY CONVERSATION WITH THE VICTIM, HE CONFIRMED HIS INTENT FOR PROSECUTING THE DEFENDANT FOR BATTERY, AT WHICH TIME I COLLECTED HIS SWORN WRITTEN STATEMENT. I THEN MADE CONTACT WITH THE DEFENDANT WHILE SHE WAS SITTING IN MY PATROL VEHICLE AND ADVISED HER SHE WAS BEING PLACED UNDER ARREST FOR BATTERY AND DISORDERLY CONDUCT WHILE IN THE PREMISES OF A PUBLIC ESTABLISHMENT. I ASKED THE DEFENDANT WHAT SHE WOULD LIKE TO DO WITH HER PERSONAL BELONGINGS AND HER PURSE LOCATED AT THE BAR. SHE WAS ADAMANT THE PURSE AND OTHER PROPERTY BE TRANSPORTED WITH HER TO THE CITRUS COUNTY DETENTION FACILITY. DURING MY CONVERSATION WITH HER, SHE WAS BELLIGERENT AND SOMEWHAT UNCOOPERATIVE. AFTER COLLECTING THE DEFENDANTâS PERSONAL BELONGINGS I ASKED HER FOR CONSENT TO SEARCH HER PURSE, WHICH SHE DENIED ON SCENE. THE DEFENDANT AND HER BELONGINGS WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND BOTH SHE AND HER PROPERTY WERE REMANDED TO STAFF FOR BOOKING. WHILE IN THE INTAKE VESTIBULE IT WAS CLEARLY EXPLAINED TO THE DEFENDANT THAT HER PROPERTY WOULD BE SEARCHED AFTER BEING BROUGHT INTO A CORRECTIONAL FACILITY AND SHE DECLARED THERE WAS NO WEAPONS OR CONTRABAND IN HER PURSE AT THAT TIME. A SHORT WHILE LATER, I WAS CONTACTED BY OFFICER BASILE WHO ADVISED WHILE SEARCHING THE DEFENDANTâS PROPERTY, SHE HAD LOCATED WHAT APPEARED TO BE A GREEN LEAFY SUBSTANCE IN A CIGARETTE PACK, WHICH SHE PROVIDED ME WITH. A FIELD TEST OF THE SUBSTANCE DETERMINED IT WAS CANNABIS AND I WEIGHED THE CONTRABAND, WHICH PROVIDED A TOTAL PACKAGE WEIGHT OF 2.5 GRAMS. WHILE AT THE JAIL, A CRIMINAL HISTORY WAS CONDUCTED ON THE DEFENDANT, WHICH REVEALED A PREVIOUS CONVICTION FOR BATTERY IN 1992. DUE TO THE PREVIOUS CONVICTION, SHE WAS CHARGED WITH ONE COUNT OF FELONY BATTERY, ONE COUNT OF DISORDERLY CONDUCT IN A PUBLIC ESTABLISHMENT, ONE COUNT OF INTRODUCTION OF CONTRABAND INTO A CORRECTIONAL FACILITY, AND ONE COUNT OF POSSESSION OF MARIJUANA LESS THAN 20 GRAMS. TOTAL BOND WAS SET AT $4,750.00 PER THE BOND SCHEDULE. ALL DOCUMENTS WERE TURNED INTO RECORDS AND THE CONTRABAND TURNED INTO EVIDENCE. \t \t \t |
