Probable cause affidavit: |
SUBMITTED BY: SAAYMAN, FRANCO 1340 (AR15-14551) (15-46945) 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: A GLOCK19 9MM HANDGUN, 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(1)(A). ON 041015 AT APPROXIMATELY 1716 HOURS, I RESPONDED TO 364 SOUTH OTIS AVENUE IN LECANTO, IN REFERENCE TO A DISTURBANCE. UPON ARRIVING ON SCENE, I OBSERVED THE DEFENDANT, MR GREGORY HALSTEAD, AND THE VICTIM, MS JOYCE LUCIER, STANDING IN THE FRONT YARD OUTSIDE THE RESIDENCE. THE PARTIES WERE NOT VERBAL AND I SEPARATED THEM IN AN ATTEMPT TO GATHER MORE INFORMATION. I FIRST SPOKE WITH THE VICTIM WHO IS THE LANDLORD OF 364 SOUTH OTIS AVENUE. SHE ADVISED THAT AT APPROXIMATELY 1600 HOURS, SHE SPOKE TO ONE OF THE RESIDENTS, MR ANTHONY MILLER, AND HE GAVE HER PERMISSION TO ENTER THE RESIDENCE TO RETRIEVE SOME OF HER BELONGINGS. I RETRIEVED A TELEPHONE NUMBER FOR MR MILLER FROM THE DEFENDANT AND SPOKE TO HIM AND HE ADVISED HE DID INDEED GIVE THE VICTIM PERMISSION TO ENTER THE RESIDENCE TO RETRIEVE HER PROPERTY. THE VICTIM TOLD ME THAT AT APPROXIMATELY 1145 HOURS, THE DEFENDANT RETURNED TO 364 SOUTH OTIS AVENUE, WHERE HE ALSO RESIDES. THE VICTIM TOLD ME AT THAT TIME, SHE RETRIEVED ALL OF HER BELONGINGS AND WAS ABOUT TO LEAVE. SHE SAID THAT SHE AND THE DEFENDANT GOT INTO A VERBAL ARGUMENT AND SHE GOT IN HER VEHICLE TO LEAVE. ACCORDING TO THE VICTIM, THE DEFENDANT THEN WALKED TO THE REAR OF HER VEHICLE AND TOLD HER THAT SHE COULD NOT LEAVE BECAUSE HE CALLED LAW ENFORCEMENT TO HAVE HER ARRESTED FOR BREAKING AND ENTERING. THE VICTIM THEN SAID THAT SHE DID NOT WANT TO STAY THERE AND WAS BACKING OFF THE BRAKES ON HER VEHICLE, SLOWLY BACKING OUT TO THE ROAD, TO WHICH THE DEFENDANT THEN DISPLAYED A FIREARM AND TOLD HER TO STOP THE VEHICLE. THE VICTIM SAID THE DEFENDANT FIRST POINTED THE GUN AT HER AND THEN WHEN SHE PUT HER VEHICLE IN PARK AGAIN, HE POINTED IT AT HER TIRES. SHE THEN CONTACTED THIS AGENCY BECAUSE SHE WAS IN FEAR FOR HER LIFE. I OBSERVED THE VICTIM TO BE VISIBLY SHAKEN AND UPSET. I THEN SPOKE TO THE DEFENDANT AND HE INFORMED ME WHEN HE ARRIVED AT HIS RESIDENCE, THE VICTIM WAS JUST LEAVING. HE SAID HE RAN INTO HIS RESIDENCE FOR A QUICK OBSERVATION TO SEE IF ANY OF HIS PROPERTY HAD BEEN STOLEN. HE SAID HE THEN RAN OUTSIDE AND POSITIONED HIMSELF BEHIND THE VICTIM'S VEHICLE IN AN ATTEMPT TO KEEP HER THERE. THE DEFENDANT THEN TOLD ME THAT AFTER TELLING THE VICTIM LAW ENFORCEMENT WAS ON THE WAY, THE VICTIM TRIED BACKING UP, SQUEALING HER TIRES. I DID NOT SEE ANY TIRE MARKS IN THE DRIVEWAY WHERE THE VICTIM'S VEHICLE WAS LOCATED. THE DEFENDANT THEN SAID THAT HE HAD A WELL FOUNDED FEAR THAT THE VICTIM WAS GOING TO KILL HIM WITH HER VEHICLE AND HE DISPLAYED A FIREARM AND POINTED IT AT HER TIRE. ACCORDING TO THE DEFENDANT, THE VICTIM THEN PUT HER VEHICLE IN PARK AND HE HOLSTERED HIS FIREARM BECAUSE IT WAS NO LONGER NEEDED TO PROTECT HIMSELF. AT THAT TIME, I REMOVED THE DEFENDANT'S FIREARM, WHICH HAD ONE BULLET IN THE CHAMBER AND CLEARED IT FOR OFFICER SAFETY. I THEN ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR AGGRAVATED ASSAULT WITH A DEADLY WEAPON BECAUSE HE DID NOT NEED TO PUT HIMSELF IN THAT POSITION THAT WOULD NOT ALLOW THE VICTIM TO LEAVE ON HER OWN FREE WILL. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. THE DEFENDANT'S FIREARM WAS CHECKED IN NCIC/FCIC, WHICH MET WITH NEGATIVE RESULTS FOR BEING STOLEN. THE FIREARM WAS THEN PLACED IN EVIDENCE. |