| Probable cause affidavit: |
SUBMITTED BY: POLLARD, RANDALL 0677 (AR09109671) DID VIOLATE FLORIDA STATE STATUTE NUMBER 810.02(2)(B), WHICH STATES ANYONE WHO MAKES AN ASSAULT WITHIN THE STRUCTURE WHILE ARMED OR ARMS THEMSELVES WHILE IN THE STRUCTURE , TO WIT: 10924 WEST OLIVER STREET, IS IN VIOLATION OF THIS STATUTE. AND DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: MOTORCYCLE HELMET, WITHOUT THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021. ON 062309 AT APPROXIMATELY 0612 HOURS, I RESPONDED TO 10924 WEST OLIVER STREET IN HOMOSASSA, IN REFERENCE TO A BURGLARY THAT HAD JUST OCCURRED. UPON MY ARRIVAL, I SPOKE TO THE VICTIM, WHO STATED WHILE HE WAS SLEEPING IN THE NORTHEAST BEDROOM OF HIS RESIDENCE A MAN CAME THROUGH HIS FRONT DOOR WITH A MOTORCYCLE HELMET IN HIS HANDS. THE SUBJECT WAS IDENTIFIED AS MR GEORGE BLACK (DEFENDANT). ACCORDING TO THE VICTIM, THE DEFENDANT STOOD AT THE BEDROOM DOOR AND STARTED BANGING HIS MOTORCYCLE HELMET ON THE WALL NEXT TO HIS BEDROOM IN AN ATTEMPT TO GET THE VICTIM TO FIGHT HIM. THE VICTIM ADVISED THAT HE DID THIS FOR SEVERAL SECONDS. THE VICTIM STATED HE GOT OUT OF BED, CLOSED AND LOCKED THE BEDROOM DOOR AND WENT OUT A SIDE WINDOW OF BEDROOM. HE STATED THAT HE WATCHED THE DEFENDANT LEAVE THE RESIDENCE ON A MOTORCYCLE HEADING EASTBOUND ON OLIVER STREET AND A WHITE PICKUP TRUCK WAS FOLLOWING HIM. THE VICTIM STATED HE THEN WENT TO MCRAE'S TO USE A PAY PHONE TO CALL THE POLICE. UPON WALKING THROUGH THE RESIDENCE, I OBSERVED NO SIGNS OF FORCED ENTRY LEADING ME TO BELIEVE THE DOOR HAD BEEN UNLOCKED. THE VICTIM DID IDENTIFY GEORGE BLACK THROUGH A PRIOR RELATIONSHIP THE VICTIM HAD, HAD WITH THE DEFENDANT'S EX-WIFE. SERGEANT LANE AND DEPUTY JAKOB OBTAINED AN ADDRESS OF THE DEFENDANT'S POSSIBLE WHEREABOUTS. AT THAT TIME, THEY PROCEEDED TO 10130 WEST HOLLOWAY PATH. WHILE ON SCENE, THEY SPOKE TO DEFENDANT GEORGE BLACK, GEORGE BLACK, JR (WITNESS ONE), CHRISTINE LOFTON (WITNESS TWO) AND FREDERICK LEE BLACK (WITNESS THREE). UPON SPEAKING TO ALL FOUR SUBJECTS, SGT LANE DEVELOPED PROBABLE CAUSE FOR THE DEFENDANT'S ARREST, WHICH INCLUDED STATEMENTS MADE BY GEORGE BLACK, JR AND FREDERICK LEE THAT THEY DID SEE THEIR FATHER LEAVING THAT RESIDENCE AT 10924 WEST OLIVER STREET. GEORGE BLACK JR AND FREDERICK LEE ADVISED THAT BEFORE THE INCIDENT HAD OCCURRED THAT THEY WERE DOWN AT THE BOAT RAMP AT MCRAE'S AND UPON LEAVING THE BOAT RAMP THEY HAD SEEN THEIR FATHER LEAVING THAT RESIDENCE. ALSO, CHRISTINE LOFTON STATED THAT THE DEFENDANT WITH HIS TWO SONS, GEORGE BLACK, JR AND FREDERICK LEE, WAS AT MCRAE'S BOAT RAMP PUTTING HIM BY THE RESIDENCE. ALSO DURING MY INTERVIEW WITH THE VICTIM, HE STATED THAT THE DEFENDANT WAS RIDING A MOTORCYCLE. UPON OBSERVING THE DEFENDANT'S RIGHT LEG, DUE TO HIM COMPLAINING OF PAIN, I OBSERVED LARGE BURN MARKS ON HIS RIGHT LEG. THE DEFENDANT STATED THAT THEY WERE FROM RIDING A MOTORCYCLE AROUND HIS PROPERTY. THE DEFENDANT APPEARED TO BE VERY INTOXICATED AND HIS LICENSE WAS SUSPENDED. A MOTORCYCLE HELMET WAS FOUND AT THE DEFENDANT'S' LOCATION. ON THE FOREHEAD OF THE MOTORCYCLE HELMET THERE WERE SCRAPE MARKS AND PAINT TRANSFER, WHICH MATCHED THE COLOR OF PAINT INSIDE THE VICTIM'S RESIDENCE. *NOT-EXEMPT* |
