| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (12-61954) AR 560 THE DEFENDANT, MR EDWARD G FOY, JR, DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: A FLAT HEADED SCREWDRIVER, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 784.045.1.A.2. THE DEFENDANT, MR EDWARD G FOY, JR, DID UNLAWFULLY MANUFACTURE, CULTIVATE, DELIVER OR POSSESS WITH INTENT TO SELL, MANUFACTURE, CULTIVATE OR CONSUME, A CONTROLLED SUBSTANCE, TO-WIT: MARIJUANA, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(3) ON 040212, I RESPONDED TO 1131 SOUTH OTTO POINT, IN INVERNESS IN RESPONSE TO AN AGGRAVATED BATTERY WHICH HAD ALREADY OCCURRED. UPON MY ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR JOSHUA MARK WILSON, WHO ADVISED THAT HE AND HIS NEIGHBOR, THE DEFENDANT, MR EDWARD G FOY, JR, SHARE AN EASEMENT. MR WILSON ADVISED THAT THIS EASEMENT LEADS TO A SPLIT DRIVEWAY WHERE EACH PARKS THEIR VEHICLES. MR WILSON STATED THAT HE HAD PARKED BEHIND MR FOY, WHICH HE ADVISED HAD GREATLY UPSET MR FOY. MR WILSON FURTHER STATED THAT AT APPROXIMATELY 0700 HOURS THIS MORNING, MR FOY CAME TO MR WILSONâS FRONT DOOR AND BEGAN KNOCKING ON IT, AND SCREAMING FOR MR WILSON TO COME OUTSIDE. AFTER MR WILSON INITIALLY DID NOT ANSWER MR FOY, MR FOY WENT MR WILSONâS BEDROOM WINDOW. MR WILSON ADVISED THAT MR FOY THEN BEGAN HITTING ON HIS GLASS BEDROOM WINDOW WITH A SCREWDRIVER. MR WILSON ADVISED AT THAT TIME, HE YELLED TO MR FOY TO STOP POUNDING ON HIS WINDOW. MR WILSON THEN STATED THAT HE WALKED OUTSIDE TO MOVIE HIS VEHICLE. MR WILSON ADVISED THAT MR FOY KEPT APPROACHING HIM IN AN AGGRESSIVE MANNER. MR WILSON TOLD MR FOY TO GET OUT OF HIS FACE, AND THAT OTHERWISE HE WOULD NOT MOVE HIS VEHICLE. MR WILSON STATED THAT DURING THE ENTIRE ARGUMENT, MR FOY WAS HOLDING A SCREWDRIVER THAT MR WILSON DESCRIBED AS A FLATHEAD. MR WILSON STATED THAT MR FOY WAS WAVING IT AT HIM. MR WILSON STATED THAT HE GOT UPSET BY MR FOYâS ACTIONS, AND TURNED AROUND TO WALK BACK INSIDE OF HIS RESIDENCE. MR WILSON ADVISED THAT HE THEN FELT MR FOY HIT HIM IN THE BACK OF THE HEAD, AND BEGAN TO SLASH HIM WITH THE SCREWDRIVER. MR WILSON SHOWED ME INJURIES AND CUTS ON HIS HANDS AND NECK, AS WELL AS BRUISES ABOVE HIS EYE AND CHEEK, ALONG WITH BROKEN SKIN INSIDE OF HIS MOUTH. THE CUTS ON MR WILSONâS HANDS WERE CONSISTENT WITH A FLAT HEADED SCREWDRIVER. I THEN WENT AND MADE CONTACT WITH MR FOY AND ASKED HIM WHAT HAD OCCURRED. MR FOY STATED THAT HE AND MR WILSON SHARE THE SAME DRIVEWAY, AND THAT EVERY NIGHT, JOSHUA WOULD PARK BEHIND HIS VEHICLE, SO THAT MR FOY COULD NOT LEAVE. MR FOY STATED THAT THIS MORNING, HE GOT UP AND WENT TO MR WILSONâS RESIDENCE, TO WAKE HIM UP AND TO ASK HIM TO MOVE HIS VEHICLE. MR FOY THEN STATED THAT DURING THEIR ARGUMENT, MR WILSON REPEATEDLY CALLED HIM âNIGGER.â MR FOY STATED THAT AT SOME POINT IN THE ARGUMENT, IT ESCALATED INTO A FIGHT, JUST OUTSIDE THE FRONT DOOR OF JOSHUAâS RESIDENCE. MR FOY STATED THAT HE WAS NOT HOLDING A SCREWDRIVER AT THE TIME OF THE ALTERCATION, AND THAT THE CUTS MUST HAVE OCCURRED WHEN MR WILSON FELL. I ASKED MR FOY IF DURING ANY POINT OF THE FIGHT OR ARGUMENT HE HELD A SCREWDRIVER, TO WHICH HE STATED, AGAIN, THAT HE HAD NEVER HELD A SCREWDRIVER. MR FOY THEN ADVISED ME THAT HE TOLD A NEIGHBOR ABOUT THE INCIDENT, NAMED MR ROBERT DIBBLE. MR FOY STATED THAT MR DIBBLE LIVED ON THE OPPOSITE SIDE OF MR WILSONâS HOME. MR FOY STATED THAT HE HAD TOLD MR DIBBLE ABOUT THE FACT THAT HE WAS GOING TO SPEAK WITH MR WILSON ABOUT HIS VEHICLE BLOCKING MR FOYâS, BECAUSE HE WANTED MR DIBBLE TO BE AN EYEWITNESS IN CASE SOMETHING HAPPENED. AT THAT TIME, I MADE CONTACT WITH MR ROBERT DIBBLE. MR DIBBLE STATED THAT HE DID NOT SEE THE FIGHT, BUT THAT MR FOY DID KNOCK ON HIS RESIDENCEâS DOOR EARLIER, AND STATED THAT MR WILSON KEPT CALLING HIM A âNIGGER,â AND THAT HE EXPECTED A FIGHT TO HAPPEN. MR DIBBLE DID STATE THAT WHEN MR FOY CAME TO HIS HOUSE, HE WAS CARRYING A SCREWDRIVER WITH A FLATHEAD END. AT THAT TIME I RETURNED BACK TO THE SCENE, WHERE I PLACED MR FOY UNDER ARREST FOR AGGRAVATED BATTERY. I THEN REMOVED MR FOYâS BELONGINGS FROM HIS POCKETS. I THEN ASKED HIM IF HE WANTED TO LEAVE THE ITEMS IN HIS RESIDENCE, OR TAKE THEM WITH HIM TO THE CITRUS COUNTY DETENTION FACILITY, TO WHICH MR FOY STATED THAT HE WISHED TO LEAVE HIS BELONGINGS INSIDE OF HIS RESIDENCE. AT THAT TIME, I INFORMED MR FOY THAT I WOULD HAVE TO FOLLOW HIM INTO THE RESIDENCE, SINCE HE WAS UNDER ARREST. I THEN FOLLOWED MR FOY INTO HIS RESIDENCE, AT 1151 SOUTH OTTO POINT. UPON ENTERING, I SMELLED A STRONG ODOR OF MARIJUANA, WHICH DID NOT SEEM TO HAVE THE SCENT OF BEING SMOKED. I THEN INFORMED MR FOY THAT I SMELLED MARIJUANA. I THEN I DID A SEARCH OF MR FOYâS RESIDENCE, WHEREUPON I LOCATED A POTTED MARIJUANA PLANT, APPROXIMATELY 3 FOOT IN HEIGHT, SITTING INSIDE OF A CLOSET IN MR FOYâS ROOM. THE CLOSET WAS NOT SECURED, AND THE DOOR WAS OPEN. I THEN REMOVED THE PLANT FROM MR FOYâS CLOSET. AT THAT TIME, DEPUTY CORBIN RESPONDED TO THE SCENE, TO TAKE PICTURES OF THE VICTIMâS INJURIES, ALONG WITH SUBMITTING THE MARIJUANA INTO EVIDENCE MR FOY WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK AND PLACED IN THE REAR OF MY PATROL VEHICLE, WHERE HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. BOND WAS SET AT $7,000.00 TOTAL, PER THE BOND SCHEDULE. I THEN OBTAINED WRITTEN STATEMENTS WERE THE VICTIM, MR WILSON, AND THE WITNESS, MR DIBBLE. THESE WILL BE TURNED INTO THE RECORDS DEPARTMENT. A VICTIM NOTIFICATION FORM WAS COMPLETED, AND TURNED INTO THE CITRUS COUNTY DETENTION FACILITY. |
