| Date of birth: | Sep 8, 1976 |
| Hair: | Brown |
| Eyes: | Brown |
| Inmate number: | A0079993 |
| Active status: | N |
| Initial receipt date: | Jul 9, 2009 |
| Facility: | FLORIDA STATE PRISON |
| DC number: | U03351 |
| Current custody: | CLOSE |
| Probable cause affidavit: | SUBMITTED BY: RODRIQUEZ, MARCIAL 0301 (AR09107469) THE DEFENDANT DID ACTUALLY AND INTENTIONALLY WHILE BEING DETAINED IN A FACILITY, TO WIT: COUNTY DETENTION FACILITY, WITH INTENT TO HARASS, ANNOY, THREATEN, OR ALARM THE VICTIM, AN EMPLOYEE OF SAID FACILITY, WHOM THE DEFENDANT KNOWS TO BE AN EMPLOYEE OF SAID FACILITY, CAUSE THE VICTIM TO COME IN CONTACT WITH SALIVA BEING EXPELLED FROM THE DEFENDANT CAUSING THE SALIVA TO CONTACT THE VICTIM'S FACE SPECIFICALLY THE LEFT EYE, IN VIOLATION OF FLORIDA STATE STATUTE 784.078. ON 020109, I MADE CONTACT with the VICTIM AN EMPLOYEE OF THE CITRUS COUNTY DETENTION FACILITY AND CORRECTIONS CORPORATION OF AMERICA. THE VICTIM PROVIDED A SWORN STATEMENT AS FOLLOWS: ON 013109 AT APPROXIMATELY 1700 HOURS, THE VICTIM WAS ESCORTING THE DEFENDANT FROM THE RECREATION YARD TO THE DEFENDANT'S ROOM. ONCE THE DEFENDANT WAS IN HIS ROOM/CELL AND THE DOOR WAS SECURED THE VICTIM ATTEMPTED TO REMOVE THE HANDCUFFS FROM THE DEFENDANT. THE VICTIM STATED THAT THE RIGHT CUFF WAS REMOVED, WHICH IS WHEN THE DEFENDANT TURNED AND FACED THE VICTIM AND ATTEMPTED TO PULL THE VICTIM'S HANDS THROUGH the SLOT IN THE CELL DOOR. THE VICTIM STATED HE GAVE SEVERAL COMMANDS TO THE DEFENDANT NOT TO RESIST AND ALLOW HIM TO REMOVE THE REMAINING HANDCUFF. THE VICTIM STATED HE PULLED THE DEFENDANT'S LEFT ARM BACK THROUGH THE SLOT AND WAS ABLE TO REMOVE THE REMAINING CUFF. WHILE DOING THIS THE DEFENDANT SPIT IN THE FACE OF THE VICTIM, SPECIFICALLY THE VICTIM'S LEFT EYE. THE VICTIM STATED AFTER THE CUFFS WERE REMOVED HE EXITED THE CELL AREA AND SOUGHT OUT MEDICAL ATTENTION FROM FACILITY STAFF. THE VICTIM ALSO RESPONDED TO CITRUS MEMORIAL HOSPITAL FOR FURTHER MEDICAL ATTENTION. THE VICTIM STATED THERE WAS A SECOND EMPLOYEE (CORRECTIONAL OFFICER) PRESENT DURING THE INCIDENT. IT SHOULD BE NOTED THE INCIDENT occurred IN DELTA SIX POD IN FRONT OF CELL 108. IT SHOULD ALSO BE NOTED THE VICTIM IS EMPLOYED AS A CORRECTIONAL OFFICER ASSISTANT BY THE FACILITY. I THEN SPOKE WITH THE DEFENDANT IN DELTA SIX POD CELL 108. THE DEFENDANT WAS READ MIRANDA RIGHTS VIA PREPRINTED CARD. HE UNDERSTOOD EACH RIGHT AND WAIVED COUNSEL. I ASKED THE DEFENDANT TO EXPLAIN WHAT HAD HAPPENED ON 013109 INVOLVING THE VICTIM. THE DEFENDANT STATED HE HAD A PROBLEM WITH THE VICTIM. THIS IS THE SECOND INCIDENT WHERE THE VICTIM DID NOT TREAT THE DEFENDANT FAIRLY. THE DEFENDANT WENT ON TO STATE THAT BETWEEN 1630 AND 1650 HOURS ON 013109, HE WAS BEING MOVED BY THE VICTIM FROM THE RECREATIONAL YARD BACK TO HIS CELL. HE STATED THAT THE VICTIM, AFTER REMOVING THE RIGHT HANDCUFF, PULLED HIS LEFT ARM THROUGH THE SLOT IN THE DOOR CAUSING AN ABRASION APPROXIMATELY TWO AND A HALF INCHES IN length HORIZONTALLY ON THE LOWER PART OF HIS BICEP which WAS VISIBLE BY THE AFFIANT. THE DEFENDANT STATED HE WAS UPSET DUE TO HAVING A "SHAKE DOWN" OF HIS CELL. THE DEFENDANT STATED BECAUSE HE WAS ANGRY AT THE VICTIM HE SPIT IN THE VICTIM'S EYE. THE DEFENDANT THEN STATED HE WISHED TO PURSUE CHARGES AGAINST THE VICTIM FOR INJURING HIS LEFT ARM. THE DEFENDANT ALSO STATED THAT THERE WAS A SECOND CORRECTIONAL OFFICER PRESENT AS A WITNESSES. I ADVISED THE DEFENDANT BASED ON HIS ADMISSION THAT HE WOULD BE CHARGED WITH ONE COUNT OF BATTERY OF A FACILITY EMPLOYEE BY EXPELLING SALIVA. I WAS ABLE TO MAKE CONTACT VIA TELEPHONE WITH THE WITNESS WHO STATED HE AND THE VICTIM ESCORTED THE DEFENDANT BACK TO HIS CELL. WHEN THE VICTIM UN-CUFFED THE DEFENDANT'S RIGHT WRIST THE DEFENDANT RESISTED BY TURNING, FACING THE VICTIM, AND ATTEMPTING TO PULL THE DEFENDANT'S LEFT HAND AND REMAINING HANDCUFF AWAY FROM THE VICTIM. THE WITNESS STATED THE VICTIM WAS ABLE TO SECURE THE DEFENDANT'S ARM AND REMOVE THE REMAINING CUFF AS THE DEFENDANT SIMULTANEOUSLY SPIT ON THE VICTIM'S FACE. THE WITNESS STATED THERE IS NO SET PROCEDURE FOR REMOVING HANDCUFFS FROM INMATES WITH REGARDS TO HAVING THE INMATE REMAIN WITH HIS BACK TO THE OFFICER OR ALLOWING HIM TO TURN AND FACE THE OFFICER. THE WITNESS STATED THERE WAS NO REASON FOR THE DEFENDANT TO SPIT AT THE VICTIM. THE DEFENDANT, WHO WAS ALREADY IN CUSTODY AT THE DETENTION FACILITY, WILL BE HELD ON A $2,000.00 BOND PER THE SCHEDULE. *NOT-EXEMPT* |
| Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
| Status: | Confinement |
| Designation: | Sexual Predator |
| Department of corrections: | U03351 |
| Type: | TATTOO |
| Location: | BACK |
| Description: | BIG BACK PIECE |
| Type: | TATTOO |
| Location: | LEFT ARM |
| Description: | FLAG TAKE THIS DOWN |
| Type: | TATTOO |
| Location: | LEFT ARM |
| Description: | WIRE SKULL |
| Type: | TATTOO |
| Location: | RIGHT ARM |
| Description: | 2 DOLLS ON RIGHT FOREARM |
| Type: | TATTOO |
| Location: | RIGHT ARM |
| Description: | DOLLS DADDY S GIRLS LEXI SKY |
| Type: | TATTOO |
| Location: | RIGHT CHEST |
| Description: | FREAKY PEOPLE |
| Booking number: | 0400005896 |
| Booking date: | Apr 19, 2004 |
| Release date: | May 29, 2004 |
| Booking location: | Marion County, FL |
| Booking location: | Citrus County, FL |
| Arrest date: | Feb 1, 2009 |
| Booking number: | 09107469 |
| Booking location: | Citrus County, FL |
| Arrest date: | Jan 8, 2008 |
| Booking number: | 08101124 |
| Booking location: | Citrus County, FL |
| Sentence length: | SENTENCED TO LIFE |
| Discharge date: | Jun 23, 2009 |
| Offense date: | Dec 29, 2007 |
| Offense: | BURGLARY,ARMED W/EXP. OR WEAPO |
| County: | CITRUS |
| Case number: | 0701529 |
| Sentence length: | SENTENCED TO LIFE |
| Discharge date: | Jun 23, 2009 |
| Offense date: | Dec 29, 2007 |
| Offense: | 1ST DG MUR/PREMED. OR ATT.(ATTEMPTED) |
| County: | CITRUS |
| Case number: | 0701529 |
| Sentence length: | 30Y 0M 0D |
| Discharge date: | Jun 23, 2009 |
| Offense date: | Dec 29, 2007 |
| Offense: | AGG BATTERY/W/DEADLY WEAPON |
| County: | CITRUS |
| Case number: | 0701529 |
| Sentence length: | SENTENCED TO LIFE |
| Discharge date: | Jun 23, 2009 |
| Offense date: | Dec 29, 2007 |
| Offense: | BURGLARY ASSAULT ANY PERSON |
| County: | CITRUS |
| Case number: | 0701529 |
| Sentence length: | SENTENCED TO LIFE |
| Discharge date: | Jun 23, 2009 |
| Offense date: | Dec 29, 2007 |
| Offense: | KIDNAP V |
| County: | CITRUS |
| Case number: | 0701529 |
| Sentence length: | SENTENCED TO LIFE |
| Discharge date: | Jun 23, 2009 |
| Offense date: | Dec 29, 2007 |
| Offense: | SEX BAT BY ADULT/VCTM LT 12 |
| County: | CITRUS |
| Case number: | 0701529 |
| Code: | 784.078 |
| Charge description: | BATTERY ON FACILITY EMPLOYEE BY EXPELLING BODILY FLUIDS |
| Bond amount: | $2,000 |
| Code: | 810.02(2)(A) |
| Charge description: | BURGLARY WITH BATTERY |
| Bond amount: | $0 |
| Code: | 782.04(1)(A)(1) |
| Charge description: | MURDER/PREMEDITATED |
| Bond amount: | $0 |
| Jurisdiction state: | CITRUS, FL |
| Crime description: | SEX BAT BY ADULT/VCTM UNDER 12; F.S. 794.011(2) |
| Court case: | 0701529 |
| Adjudication date: | Jun 23, 2009 |
| Adjudication: | Guilty/convict |
| Jurisdiction state: | CITRUS, FL |
| Crime description: | KIDNAP V |
| Court case: | 0701529 |
| Adjudication date: | Jun 23, 2009 |
| Adjudication: | Guilty/convict |
| Discharge date: | Dec 1, 2004 |
| Prison length: | 1Y 4M 0D |
| Offense date: | Sep 26, 2003 |
| Offense: | POSS.CONTROL.SUBS/OTHER |
| County: | MARION |
| Case number: | 0303714 |
| Discharge date: | Dec 1, 2004 |
| Prison length: | 1Y 4M 0D |
| Offense date: | Sep 26, 2003 |
| Offense: | OBSTRUCT CRIME INVESTIGATION |
| County: | MARION |
| Case number: | 0303714 |
| Discharge date: | Dec 2, 2002 |
| Prison length: | 5Y 10M 24D |
| Offense date: | Oct 4, 1996 |
| Offense: | ROBB. GUN/DEADLY WPN |
| County: | CITRUS |
| Case number: | 9600664 |
| Discharge date: | Aug 25, 1997 |
| Prison length: | 5Y 4M 24D |
| Offense date: | Oct 4, 1996 |
| Offense: | ROBB. GUN/DEADLY WPN |
| County: | CITRUS |
| Case number: | 9600664 |
