| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (AR11124170) 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: SPIT ON THE VICTIM, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 122911, I WAS DISPATCHED TO FLORIDA AVENUE AND CARL G ROSE HIGHWAY IN REFERENCE TO ROAD RAGE INCIDENT. UPON ARRIVAL, I MET WITH the COMPLAINANT/VICTIM, MS JOANNA HUGHES. SHE ADVISED THE SUSPECT, WHO WAS LATER IDENTIFIED AS MR HERBERT STELTZER, WAS "BRAKE CHECKING" HER AND that she HAD PULLED OVER TO THE SIDE OF THE ROAD JUST PAST ACE HARDWARE STORE IN AN ATTEMPT TO GET AWAY FROM MR STELTZER. MR STELTZER THEN PULLED BESIDE HER AND GOT OUT OF HIS VEHICLE WHERE A VERBAL ALTERCATION BEGAN. SHE ADVISED AT THAT TIME MR STELTZER SPIT ON HER AND that SHE HAD GOTTEN out OF HER CAR. SHE sAID SHE WAS AFRAID HE WAS GOING TO PUNCH HER AND THEN GOT BACK INTO HER VEHICLE. I THEN SPOKE TO WITNESSES in the AREA. THE FIRST WITNESS I SPOKE TO WAS MS SUSAN ZUNIGA. SHE ADVISED THAT SHE HAD HEARD SCREAMING and YELLING AND THAT WHEN she CAME OUT SHE SAW MR STELTZER and MS HUGHES ARGUING and MR STELTZER DID SPIT IN the MS HUGHES' FACE. I THEN HAD WITNESS ZUNIGA FILL out A SWORN WRITTEN STATEMENT, which WILL BE TURNED INTO OUR RECORDS division. I then SPOKE TO ANOTHER WITNESS, MS CHERYL SPILLMAN. SHE BASICALLY TOLD ME THE SAME EXACT THING. SHE SAID SHE BELIEVED THEY WERE ARGUING OVER A LITTLE GIRL NOT BEING SEAT BELTED in the CAR AND THAT the WHITE CAR HAD CUT THE TRUCK OFF and THAT WAS WHEN THE ARGUMENT BEGAN. I THEN SPOKE WITH ANOTHER WITNESS, MR DEVON D'AGOSTA, WHO WAS ACROSS the STREET. HE ADVISED THAT HE SAW THE TRUCK MR STELTZER WAS DRIVING WAS SPEEDING UP AND SLOWING DOWN LIKE BRAKE CHECKING MS HUGHES' CAR. HE SAID MS HUGHES PULLED OVER TO THE RIGHT-HAND LANE PAST ACE HARDWARE. MR STELTZER'S CAR STOPPED NEXT TO IT AND MR STELTZER GOT OUT. HE ADVISED AT THAT TIME MR STELTZER WENT UP TO THE DRIVER'S DOOR AND WAS ARGUING WITH THE FEMALE THAT WAS DRIVING AND THEN SPIT A "LUGGIE" IN HER FACE. HE ADVISED AT THAT TIME THE DRIVER DID TRY TO GET OUT, BEGAN YELLING AT MR STELTZER, BUT THEN RE-ENTERED HER CAR. HE BELIEVED AT THAT TIME MORE SPITTING WAS GOING ON BETWEEN BOTH MR STELTZER AND MS HUGHES. I THEN HAD WITNESS D'AGOSTA FILL out A STATEMENT, WHICH WILL BE TURNED INTO OUR RECORDS DIVISION. I THEN MADE CONTACT with the SUSPECT, MR HERBERT STELTZER, AT 4821 NORTH AIR POINT IN BEVERLY HILLS. HE WAS THEN ASKED IF HE KNEW WHY I WAS THERE. HE MADE THE COMMENT, "IS IT ABOUT WHAT HAPPENED IN HERNANDO?" WHEN I STATED YES, I THEN ASKED HIM IF HE COULD TELL ME HIS SIDE OF THE STORY. HE ADVISED THAT HE WAS UPSET THAT HE WAS TURNING FROM 486 TO 41 and that HE WAS IN the RIGHT-HAND LANE AND THAT WHEN HE TRIED TO MERGE LEFT THE WHITE CAR MS HUGHES WAS DRIVING BEGAN TO HONK HER VEHICLE'S HORN AT HIM CONTINUALLY. AT THAT TIME SHE WAVED AT HIM TO GET HIM TO PULL OVER, TO WHICH HE DID. HE WAS THEN QUESTIONED AS TO WHY HE WOULD PULL OVER. HE ADVISED HE DID NOT KNOW AND THAT HIS WIFE HAD MADE THE STATEMENT TO STAY IN THE CAR SEVERAL TIMES, BUT HE WANTED TO ASK WHAT HER PROBLEM WAS. HE ADVISED AT THAT TIME HE DID GO UP TO THE CAR and HOLD THE DOOR, BUT SAID THAT HE HAD SPIT ON THE DOOR AND NOT ON THE PERSON. HE WAS THEN ADVISED THAT I HAD WITNESSES WHO HAD SEEN HIM SPIT ON THE VICTIM. HE THEN made THE COMMENT I SHOULD HAVE JUST KEPT ON GOING and never STOPPED. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR BATTERY. HE WAS HANDCUFFED IN FRONT. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. HIS BOND WAS SET AT $500.00, PER 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* |
