| Probable cause affidavit: |
SUBMITTED BY: RAMOS, ROBALDO 0515 (13-37363) (AR13-4924) 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: PUNCHED THE VICTIM IN THE HEAD, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 032013, I WAS DISPATCHED TO 1103 JONES AVENUE, INVERNESS IN REFERENCE TO A PHYSICAL DISTURBANCE IN PROGRESS. UPON ARRIVAL I MADE CONTACT WITH THE VICTIM, MS TONJA FLEISCHER, AND THE WITNESSES, MS DAWN LUCAS, MS ASHLEY LUCAS, AND MS LINDA BARNES. ACCORDING TO THE VICTIM, WHO PROVIDED AND WRITTEN STATEMENT, SHE ADVISED THAT WHILE SHE WAS AT HER HOUSE, HER NEIGHBOR WHO RESIDES TWO HOUSE DOWN STARTED TO LIGHT FIREWORKS AND SHE CALLED HIM A âJERKâ AND WENT INTO THE HOUSE. THE DEFENDANT, MS EMILY CATUCCI, CAME TO THE VICTIMâS HOUSE AND KNOCKED ON THE DOOR. ONCE SHE OPENED THE DOOR, EMILIE STARTED TO YELL AT HER FOR CALLING HER BROTHER A JERK. TONJA THEN TOLD HER TO GET OFF HER PROPERTY. AS SHE WAS WALKING DOWN HER DRIVEWAY, TONJA STARTED TO WALK TO HER NEIGHBORâS HOUSE. ONCE SHE GOT TO DAWN AND ASHLEYâS HOUSE, SHE TOLD THEM WHAT WAS GOING ON. EMILIE THEN STARTED WALKING BACK TOWARDS HER YELLING, âASK DAWN NOT TO FUCK WITH ME, IâLL BRING ALL MY NIGGAS UP HERE TO YOUâ. EMILE CONTINUED TO THREATEN HER AND HER KIDS. TONJA STARTED TO WALK TOWARDS EMILIE AS EMILIE STARTED TO WALK TOWARDS HER. ONCE EMILIE GOT IN HER FACE, EMILIE THEN PUSHED HER WITH HER CHEST, AND THEN PUNCHED HER IN THE HEAD. EMILIE THEN PUNCHED HER AGAIN IN THE HEAD AT WHICH TIME; TONJA TOOK HER TO THE GROUND. ONCE ON THE GROUND, SHE PUT EMILIE IN A LEG LOCK, UNTIL EMILIE PROMISED TO BACK AWAY WITHOUT RETALIATION. ONCE EMILE WAS UP AND WALING AWAY, SHE CONTINUED TO MAKE TREATS, STATING TONJA BETTER WATCH HER BACK. TONJA STATED THAT HER HUSBAND CAME TO HELP HER WHILE THEY WERE ON THE GROUND, AND HER GRABBED EMILIE BY THE HAIR. TONJA THEN TOLD HIM TO LET GO AND BACK AWAY AND HE DID. TONJA ADVISED THAT IS DISABLED DUE TO AN INJURY BACK IN 2001. I ASKED IF SHE NEEDED EMS TO RESPOND DUE TO COMPLAINING THAT HER HEAD HURTS. SHE STATED NO AND ADVISED SHE WILL HAVE HER HUSBAND DRIVE HER TO THE EMERGENCY ROOM. I THEN MADE CONTACT WITH THE WITNESS, MS DAWN LUCAS, WHO PROVIDED A WRITTEN STATEMENT ADVISING, HER NEIGHBOR TONJA CAME TO HER HOUSE TO GET HER BECAUSE EMILIE WAS TREATING HER AND HER KIDS. SHE STATED SHE SAW EMILIE GETTING INTO TONJA FACE YELLING AND THEN EMILIE PUNCHING TONJA IN THE HEAD; AT WHICH TIME SHE TOLD HER DAUGHTER ASHLEY TO CALL THE COPS. DAWN ADVISED SHE SAW TONJA GET HIT IN THE HEAD ABOUT THREE TIMES BEFORE TONJA TOOK EMILIE DOWN TO THE GROUND IN A HEAD LOCK. TONJA THEN MADE EMILIE APOLOGIZE AND THEN EMILIE LEFT AND GOT INTO A CAR THAT PULLED UP. I MADE CONTACT WITH WITNESS, MS ASHLEY LUCAS, WHO PROVIDED A WRITTEN STATEMENT. SHE CORROBORATED WITH DAWNâS STATEMENT. I SPOKE WITH WITNESS, MS LINDA BARNES, WHO PROVIDED A WRITTEN STATEMENT ADVISING, WHILE SHE WAS OUT IN THE FRONT YARD WATER THE PLANTS, SHE HEARD YELLING COMING FROM THE NEIGHBORS HOUSE. WHEN SHE LOOKED OVER, SHE SAW EMILIE PUNCHING A WOMAN. SHE THEN WALKED TO THE NEIGHBORâS HOUSE AND NOTICED THAT THE WOMAN WHO WAS GETTING HIT HAD EMILIE IN THE LEG LOCK. WHILE I WAS INTERVIEWING THE VICTIM AND WITNESSES, I HAD DEPUTY HOWARD (297) TRY TO MAKE CONTACT WITH THE SUSPECT. SHORTLY AFTER, DEPUTY HOWARD ADVISED HE LOCATED EMILIE AND IS GOING TO BRING HER TO MY LOCATION SO I CAN SPEAK WITH HER. I MADE CONTACT WITH THE SUSPECT, MS EMILIE CATUCCI, WHO WAS SITTING IN THE REAR SEAT OF DEPUTY HOWARDâS PATROL VEHICLE. I READ HER MIRANDA WARNING PER CARD. SHE UNDERSTOOD HER RIGHTS AND WAS WILLING TO WAVE THEM TO SPEAK WITH ME. SHE ADVISED, SHE WENT TO THE VICTIMâS HOUSE BECAUSE SHE WAS TIRED OF THEM CALLING HER LITTLE BROTHER NAMES. I ASKED WHY SHE CALLED HER BROTHER A âJERKâ AND SHE STATED THAT SHE TOLD HER BROTHER TO LIGHT SOME FIREWORK BECAUSE HER DAUGHTER LIKES TO SEE THEM. SHE STATED SHE KNOCKED ON THE VICTIMâS DOOR AND TOLD HER TO STOP CALLING HER BROTHER NAMES. AS EMILIE WAS WALKING AWAY FROM THE HOUSE, SHE STATED THAT THE VICTIM STARTED TO WALK TO HER NEIGHBORâS HOUSE. ONCE THE NEIGHBORS CAME OUT OF THE HOUSE, TONJA CONTINUED TO FOLLOWING HER YELLING. EMILIE STATED, SHE WAS ALREADY WALKING BACK TO HER HOUSE ON THE ROADWAY WHEN TONJA WALKED UP TO HER AND PUSHED HER BACK. AT THAT TIME, EMILIE ADVISED SHE PUNCHED HER AND THEN TONJA TOOK HER DOWN TO THE GROUND IN A LEG LOCK. ONCE TONJA LET HER GO SHE CALLED HER COUSIN WHO CAME TO PICK HER UP AND THEY LEFT. I THEN PLACED THE DEFENDANT UNDER ARREST FOR BATTERY, SHE WAS HANDCUFFED (DOUBLE LOCKED), AND TRANSPORTED TO CITRUS COUNTY FOR BOOKING AND PROCESSING. THE DEFENDANTS BOND WAS SET AT $500.00, PER BOND SCHEDULE. THE VICTIM WAS GIVING A VICTIMâS RIGHT PAMPHLET AND A CASE CARD BEARING MY NAME AND CASE NUMBER. ALL STATEMENTS WERE COLLECTED AND TURNED IN TO RECORDS. |
