| Probable cause affidavit: |
SUBMITTED BY: WEATHERFORD, D KEAGON 0710 (AR11121778) 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: HIT THE VICTIM IN THE HEAD WITH A BEER BOTTLE, THEN PUSHED THE VICTIM TO THE GROUND, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 071611, I WAS DISPATCHED TO 7958 WEST GULF TO LAKE HIGHWAY IN CRYSTAL RIVER IN REFERENCE TO A BATTERY IN PROGRESS. UPON ARRIVAL, I OBSERVED THE DEFENDANT, LATER IDENTIFIED AS MR GERALD DEAN DEWEESE, AGGRESSIVELY ADVANCING TOWARD THE VICTIM, MR GARY LAY. I OBSERVED THE DEFENDANT PUNCH THE VICTIM IN THE FACE WITH HIS RIGHT CLOSED FIST. THE DEFENDANT THEN PUSHED THE VICTIM TO THE GROUND, AT WHICH TIME I EXITED MY PATROL VEHICLE AND SEPARATED THE DEFENDANT AND THE VICTIM. I SPOKE WITH THE DEFENDANT WHO STATED THE VICTIM ATTACKED HIM INSIDE OF THE RESIDENCE. WHEN I ASKED HIM TO BE MORE SPECIFIC AND MORE DETAILED IN DESCRIBING THE ATTACK, ALL THE DEFENDANT COULD STATE WAS THAT THE VICTIM HAD ATTACKED HIM INSIDE OF THE RESIDENCE. THE DEFENDANT APPEARED TO BE VERY INTOXICATED AND STATED HE HAD BEEN DRINKING. I DID NOT SEE ANY SIGN OF PHYSICAL INJURY ON THE DEFENDANT, OTHER THEN HIS LEFT ELBOW WAS BLEEDING. THE DEFENDANT STATED HE HAD HIT HIS LEFT ELBOW ON THE GROUND WHEN HE AND THE VICTIM WERE WRESTLING AROUND. I SPOKE WITH THE VICTIM WHO ADVISED THAT HE AND THE DEFENDANT GOT INTO A VERBAL ARGUMENT AND THAT THEY HAD BEEN DRINKING ALL NIGHT. THE VICTIM STATED HE TOLD THE DEFENDANT, WHO WAS A GUEST IN HIS RESIDENCE, THAT HE NEEDED TO LEAVE. THE VICTIM STATED HE WALKED OUTSIDE AND WHEN HE TURNED AROUND, HE OBSERVED THE DEFENDANT FOLLOWING HIM WITH A BEER BOTTLE IN HIS HAND. THE VICTIM STATED THE DEFENDANT HIT HIM WITH THE BEER BOTTLE ON THE RIGHT SIDE OF HIS HEAD. THE VICTIM DID HAVE AN APPROXIMATE ONE TO TWO INCH GASH ON HIS FOREHEAD WHICH APPEARED CONSISTENT WITH HAVING BEEN HIT WITH A BOTTLE. THE VICTIM ALSO HAD A BUSTED LIP. THE VICTIM ALSO APPEARED TO BE EXTREMELY INTOXICATED. THE VICTIM'S INJURIES WERE PHOTOGRAPHED ALONG WITH THE INJURY ON THE DEFENDANT'S LEFT ELBOW. SEE ID SERVICES REPORT. AT THE CONCLUSION OF MY INVESTIGATION, IT WAS DETERMINED THE DEFENDANT WAS THE PRIMARY AGGRESSOR IN THE ALTERCATION. THEREFORE, THE DEFENDANT WAS PLACED UNDER ARREST FOR ONE COUNT OF SIMPLE BATTERY. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN the REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS BOOKED AND HELD ON $500.00 BOND, IN ACCORDANCE WITH THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
