| Probable cause affidavit: |
SUBMITTED BY: TABB, LYNN 0418 (AR10118346) 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: DEFENDANT WAS ARMED WITH A BASEBALL BAT 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). AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: STRUCK THE VICTIM IN THE FACE AND HEAD AREA CAUSING MINOR INJURIES IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY TABB, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: BROKE AWAY FROM DEPUTY TAB, ATTEMPTED TO FLEE FOUGHT WITH DEPUTY ON THE GROUND, PUSHING AND ATTEMPTING TO GET AWAY WHILE BEING HANDCUFFED THESE ACTS CAUSE MINOR INJURIES TO THE DEPUTY WITH OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.01. DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF PROPERTY OWNER, TO-WIT: A 1994 PONTIAC FLORIDA TAG 386IXA, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)1. ON 121210, I WAS DISPATCHED TO 483 NORTH WILLOWWOOD POINT IN CRYSTAL RIVER IN REFERENCE TO A FIGHT IN PROGRESS. WHILE EN ROUTE, I WAS ADVISED THAT THE SUSPECT WAS FIGHTING WITH SEVERAL PEOPLE IN THE STREET AND THAT HE WAS THROWING TELEVISIONS AND FURNITURE OUT OF HIS APARTMENT AND INTO THE STREET. I WAS ALSO ADVISED THAT THE SUSPECT HAD ARMED HIMSELF WITH A BASEBALL BAT THREATENING A WHITE MALE IN THE STREET . AS I PULLED ON TO THE ROADWAY, I OBSERVED THE SUSPECT/DEFENDANT, MR JACOB HAMILTON, YELLING AND SWINGING HIS ARMS AT SEVERAL PEOPLE IN THE STREET. THE DEFENDANT THEN TOOK OFF RUNNING BETWEEN THE APARTMENTS. AS I WAS PULLING UP TO THE APARTMENTS, THE DEFENDANT HAD RUN BACK INTO THE STREET AND WAS TRYING TO FIGHT WITH SEVERAL PEOPLE. I ESCORTED THE DEFENDANT TO MY PATROL VEHICLE. AS I WAS ATTEMPTING TO PLACE HANDCUFFS ON HIM, THE DEFENDANT BROKE FREE PUSHING AWAY FROM ME AND BEGAN RUNNING. I CAUGHT UP WITH THE DEFENDANT AND TACKLED HIM. THE DEFENDANT WAS NOT FOLLOWING VERBAL COMMANDS, WAS STILL WRESTLING AND ATTEMPTED TO BREAK FREE FROM ME ON THE GROUND. I WAS THEN ABLE TO PLACE THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED) AND HE WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. DUE TO HIS ACTIONS, IT CAUSED MINOR INJURIES TO MY HANDS AND KNEES AND HAD ALSO DAMAGED MY UNIFORM. I THEN MADE CONTACT WITH VICTIM ONE, MR DUANE HOLSTON, WHO ADVISED ME THAT HE HAD HEARD LOUD NOISES COMING FROM OUTSIDE HIS RESIDENCE. HE STATED WHEN HE HAD WALKED OUTSIDE, SEVERAL NEIGHBORS WERE OUTSIDE WATCHING HIM. HE STATED THAT THE DEFENDANT WAS THROWING TELEVISION'S AND COMPUTERS INTO THE STREET, WHICH HAD COME FROM HIS APARTMENT. HE STATED THAT HE HAD ATTEMPTED TO CALM THE DEFENDANT DOWN. THE DEFENDANT BEGAN THREATENING HIM AND WAS STILL THROWING ITEMS ALL OVER THE NEIGHBORHOOD. HE STATED THE DEFENDANT HAD GONE BACK INSIDE HIS APARTMENT AND HAD ARMED HIMSELF WITH A BASEBALL BAT. THE DEFENDANT THEN BEGAN THREATENING HIM AND HAD APPROACHED HIM WITH THE BAT. HE STATED HE WAS THEN IN FEAR THAT THE DEFENDANT WAS GOING TO STRIKE HIM WITH THE BAT. HE STATED THAT WHEN MY PATROL VEHICLE TURNED ONTO THE STREET, THE DEFENDANT HAD THROWN THE BASEBALL BAT ACROSS THE FENCE INTO A WOODED AREA. HE LATER SHOWED DEPUTIES THE LOCATION OF THE BAT WHICH HAD LATER BEEN LOCATED. I THEN MADE CONTACT WITH MR THOMAS FAULKNER, VICTIM TWO. I OBSERVED A LACERATION UNDER HIS LEFT EYE AND BLOOD COMING FROM HIS NOSE. THERE WERE ALSO RED MARKS AND SEVERAL SMALL LACERATIONS ON THE SIDE OF HIS HEAD. MR FAULKNER STATED THAT HE HAD HEARD A LOT OF GLASS BREAKING OUTSIDE OF HIS RESIDENCE. WHEN HE HAD GONE OUTSIDE HE HAD BEEN CONFRONTED BY THE DEFENDANT . HE STATED THAT THE DEFENDANT WAS ACTING CRAZY SCREAMING AND YELLING AT ALL THE NEIGHBORS. HE STATED THAT THE DEFENDANT WAS THROWING ITEMS FROM HIS APARTMENT INTO THE STREET AND OTHER PEOPLES YARDS. HE STATED HE WAS TRYING TO TALK TO THE DEFENDANT AND CALM HIM DOWN, WHEN THE DEFENDANT BEGAN BEATING HIM UP. HE STATED THAT HE WAS STRUCK SEVERAL TIMES IN THE FACE AND HEAD WHICH HAD CAUSED HIM TO FALL TO THE GROUND. HE STATED ONCE THE DEFENDANT STOPPED HITTING HIM, HE WAS ABLE TO GO BACK INTO HIS RESIDENCE UNTIL LAW ENFORCEMENT ARRIVED. I THEN MADE CONTACT WITH VICTIM THREE, MS BERNADETTE SCHULZ. SHE STATED THAT SHE IS THE OWNER OF THE 1994 PONTIAC. SHE STATED THAT IT WAS PARKED IN FRONT OF HER RESIDENCE. SHE STATED THAT SHE HAD HEARD ALLOT OF YELLING AND GLASS BREAKING OUTSIDE. SHE SAID WHEN SHE HAD GONE OUTSIDE SHE HAD OBSERVED THE DEFENDANT THROWING TELEVISION'S AND COMPUTERS INTO THE STREET AND BREAKING BEER BOTTLES. SHE STATED THAT SHE HAD GOTTEN INTO HER VEHICLE AND PULLED IT UP INTO THE YARD AREA, AND SHE ASKED THE DEFENDANT TO PLEASE NOT THROW ANYTHING AT HER VEHICLE . THE DEFENDANT PICKED UP AN OLDER MODEL COMPUTER MONITOR AND THREW IT INTO THE BACK GLASS OF HER VEHICLE. THE BACK WINDSHIELD WAS CRACKED AND MARKED UP. THE BROKEN GLASS FROM THE MONITOR SCRATCHED THE PAINT IN SEVERAL PLACES ON THE VEHICLE . THE DEFENDANT WAS BANGING HIS HEAD AND SPITTING IN THE BACK SEAT OF MY PATROL VEHICLE AND WAS VERY UNCOOPERATIVE AND REFUSED TO ANSWER ANY QUESTIONS. I OBSERVED BROKEN FURNITURE AND GLASS IN THE STREET IN FRONT OF THE DEFENDANT'S RESIDENCE. THE BROKEN COMPUTER MONITOR WAS LYING NEXT TO THE 1994 PONTIAC. I TOOK SEVERAL WITNESS STATEMENTS. BOTH THE BATTERY VICTIM AND THE SCENE HAD BEEN PHOTOGRAPHED (SEE CRIME SCENE TECHNICIAN (CST) REPORT). THERE WERE SEVERAL STATEMENTS MADE BY THE VICTIMS AND OTHER PEOPLE WHO LIVED IN THE NEIGHBORHOOD OUT OF FEAR FOR THE DEFENDANT. THEY STATED THAT IF THE DEFENDANT WAS TO GET ARRESTED THAT HE WOULD RETALIATE AGAINST ALL OF THEM. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCJ) FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT FOR ALL COMBINED CHARGES 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* |
