| Probable cause affidavit: |
SUBMITTED BY: OMELIAN, TIMOTHY 0182 (AR10115088) 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: THE DEFENDANT DID PUT THE VICTIM IN A CHOKE HOLD AND THE DEFENDANT ONE AND TWO WERE TRYING TO PUNCH THE VICTIM WHILE THE VICTIM WAS BEHIND THE COUNTER OF THE DIVE SHOP, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). A PERSON WHO KNOWINGLY USES INTIMIDATION OR PHYSICAL FORCE OR THREATENS ANOTHER PERSON OR ATTEMPTS TO DO SO OR ENGAGES IN MISLEADING CONDUCT TOWARDS ANOTHER PERSON, ALTERS, DESTROYS, MUTILATES OR CONCEALS AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR THE AVAILABILITY OF THE OBJECT FOR USE IN AN OFFICIAL INVESTIGATION OR OFFICE PROCEEDING, TO WIT: KNOCKED THE TELEPHONE OUT OF THE VICTIM'S HAND WHILE HE WAS ATTEMPTING TO CALL 911, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 914.22. ON 052910 AT APPROXIMATELY 1720 HOURS I WAS DISPATCHED TO 9301 WEST FORT ISLAND TRAIL IN REFERENCE TO A PHYSICAL DISTURBANCE IN PROGRESS. UPON MY ARRIVAL I OBSERVED APPROXIMATELY SEVEN PEOPLE IN FRONT OF THE STORE, WHO APPEARED TO BE IN A VERBAL CONFRONTATION. I THEN MADE CONTACT WITH THE SECURITY OFFICE FOR THE PLANTATION, WHO ADVISED THAT A GROUP OF INDIVIDUALS CAME IN ON A RENTED BOAT AND STARTED A PHYSICAL CONFRONTATION WITH THE DIVE SHOP MANAGER. I THEN MADE CONTACT WITH THE VICTIM, WHO ADVISED THAT THE NUMBER TWO PONTOON RENTAL CALLED IN VIA RADIO COMPLAINING THAT THE BOAT WOULD NOT MAKE WAY. THE VICTIM STATED THAT APPROXIMATELY FIVE MINUTES AFTER ARGUING OVER THE RADIO, THE BOAT DID RETURN TO THE DIVE SHOP. THE VICTIM STATED THAT THE CUSTOMER GOT OFF THE BOAT AND WENT INTO THE DIVE SHOP AND THREATENED TO BEAT HIM UP. THE VICTIM STATED HE ATTEMPTED TO CALL 911; HOWEVER THE TELEPHONE WAS KNOCKED OUT OF HIS HAND BY DEFENDANT ONE, MRJAMES ALIOTTA. THE VICTIM STATED THAT HE THEN WENT OUTSIDE TO GET HOTEL SECURITY, AT WHICH THE SECOND CUSTOMER, DEFENDANT NUMBER TWO, MR RUSSELL BRADLEY, WERE FOLLOWING HIM WHEN THE VICTIM TRIED TO RETREAT BACK TO THE DIVE SHOP . THE VICTIM STATED THAT THE CUSTOMERS WOULD NOT ALLOW HIM TO LOCK THE DOOR IN AN EFFORT TO ISOLATE HIMSELF. THE VICTIM STATED THAT HE DID TELL THEM HE WAS GOING TO CALL THE COPS, AT WHICH TIME DEFENDANT ONE AND TWO ATTACKED HIM WHILE IN THE DIVE SHOP, SUBSEQUENTLY RIPPING OFF THE VICTIM'S SHIRT AND TAKING HIM TO THE GROUND, AT WHICH POINT HE EXITED THE SHOP AND WENT TO GET HELP. I THEN MADE CONTACT WITH WITNESS NUMBER ONE, WHO ADVISED THAT THE DIVE SHOP RECEIVED A CALL VIA RADIO FROM THE NUMBER TWO BOAT RENTAL. WITNESS ONE STATED THAT HE HAD HEARD THREATS VIA THE RADIO THAT WHEN THEY GOT BACK THEY WOULD SEE THE VICTIM. WITNESS ONE STATED THAT WHEN THE BOAT ARRIVED, DEFENDANT ONE JUMPED OFF OF THE BOAT AND HEADED STRAIGHT FOR THE VICTIM. WITNESS ONE STATED THAT HE THEN WALKED IN TO THE DIVE SHOP AND ADVISED THAT DEFENDANT ONE WAS BEHIND THE COUNTER WITH THE VICTIM. THE WITNESS STATED THAT HE OBSERVED DEFENDANT ONE SMASH THE TELEPHONE OFF THE WALL, AT WHICH POINT WITNESS ONE PICKED UP THE TELEPHONE AND DIALED 911. WITNESS ONE STATED THAT WHEN HE CAME BACK INTO THE DIVE STORE DEFENDANT ONE HAD THE VICTIM IN THE CORNER CHOKING HIM OUT AND AS THE VICTIM WAS TRYING TO GET UP, DEFENDANT ONE AND DEFENDANT TWO WERE PUNCHING HIM. AT WHICH POINT THE TALLER MALE, IDENTIFIED AS DEFENDANT TWO, MR BRADLEY, WAS KNOCKING AND PULLING THINGS OFF THE WALL. I THEN MADE CONTACT WITH WITNESS TWO, WHO ADVISED THAT THE PEOPLE FROM BOAT NUMBER TWO CAME UP TO THE DIVE SHOP IN A LOUD AND AGGRESSIVE MANNER AND PUSHED THEIR WAY PAST HIM. WITNESS TWO STATED THAT DEFENDANT ONE AND DEFENDANT TWO FORCED THEIR WAY PAST THE COUNTER AND STARTED STRIKING THE VICTIM AND PUSHING HIM AROUND. WITNESS TWO STATED THAT THE VICTIM ATTEMPTED TO CALL 911 WHEN A LARGE MALE, IDENTIFIED AS DEFENDANT ONE, MR ALIOTTA, KNOCKED THE TELEPHONE OUT OF THE VICTIM'S HAND. WITNESS TWO STATED THAT HE LEFT THE SCENE TO GET SECURITY. I THEN MADE CONTACT WITH DEFENDANT ONE, MR ALIOTTA, WHO STATED THAT THEY DID RENT A BOAT FROM THE DIVE SHOP AND DID CALL IN VIA RADIO BECAUSE THEY WERE HAVING BOAT PROBLEMS. MR ALIOTTA STATED THAT HE WAS TOLD THAT SEA TOW COULD BE CALLED AT $250.00 AN HOUR IF THEY NEEDED TO GET BACK IN. MR ALIOTTA WAS VERY UPSET DUE TO THE FACT THAT HE HAD AN INFANT ON BOARD AND DUE TO THE WEATHER CONDITIONS WAS UNABLE TO MAKE HEADWAY BACK TO THE DIVE SHOP. HE STATED THAT HE WAS UPSET UPON MAKING CONTACT WITH THE VICTIM. MR ALIOTTA STATED THAT HE BELIEVED THE VICTIM WAS GOING FOR THE HAMMER, AT WHICH POINT MR ALIOTTA GRABBED THE HAMMER OR HAD DEFENDED HIMSELF AGAINST THE HAMMER. IT IS UNCLEAR TO THIS DEPUTY AS TO WHICH. HOWEVER, HE DID SUFFER INJURY TO HIS LEFT PINKY WHERE HE HAD TO BE TAKEN TO SEVEN RIVERS HOSPITAL FOR TREATMENT, DUE TO THE COUNTY JAIL WOULD NOT ACCEPT HIM AS AN INMATE AT THIS POINT. I THEN SPOKE WITH DEFENDANT NUMBER TWO, MR BRADLEY, WHO STATED THAT HE OBSERVED MR ALIOTTA GET INTO A PHYSICAL ALTERCATION AND THAT HE WAS ATTEMPTING TO HELP HIM OUT. BOTH DEFENDANTS APPEARED TO HAVE BEEN DRINKING. I WAS ABLE TO DETECT AN ODOR OF ALCOHOL EMITTING FROM DEFENDANT TWO. AT THIS POINT DEFENDANTS ONE AND TWO WERE PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. DEFENDANT ONE'S BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE AND DEFENDANT TWO'S WAS SET AT $500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
