| Probable cause affidavit: |
SUBMITTED BY: HORTON, TIMOTHY 0614 (AR11119814) UNLAWFULLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST SAID PERSON'S WILL AND HAVING ONE PRIOR CONVICTION FOR BATTERY, AGGRAVATED BATTERY, OR FELONY BATTERY COMMITTED A SECOND OR SUBSEQUENT OFFENSE OF BATTERY AND IS THEREFORE CHARGED WITH FELONY BATTERY, PREVIOUS CONVICTION, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(2) ON 031711 AT APPROXIMATELY 2013 HOURS, I RESPONDED TO 9803 WEST ARMS DRIVE IN CRYSTAL RIVER IN REFERENCE TO A PHYSICAL ALTERCATION. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MS LINDA ZACHARY, WHO ADVISED THAT HER BOYFRIEND/DEFENDANT, MR JAMES CHARLES DAUB, II, HAD JUST LEFT WALKING TOWARD THE WOOD LINE OF THE APARTMENT COMPLEX WEARING BLUE JEANS, NO SHIRT AND BLACK BOOTS. SHE STATED THEY HAD NEVER LIVED TOGETHER, DO NOT HAVE ANY CHILDREN IN COMMON AND HAVE ONLY BEEN DATING FOR APPROXIMATELY FIVE AND A HALF MONTHS. SHE STATED THERE WAS A PHYSICAL ALTERCATION INSIDE OF THE RESIDENCE AND THAT THE DEFENDANT HAD PLACED HER IN A BEAR-HUG, CAUSING A SCRATCH ON THE FRONT OF HER CHEST. DURING THE ALTERCATION, THE VICTIM STATED THE DEFENDANT PUNCHED HER WITH A CLOSED FIST ON THE LEFT SIDE OF HER FACE, CAUSING SWELLING NEAR HER LEFT EYE. I OBSERVED THESE INJURIES WHILE I SPOKE WITH THE VICTIM. I ASKED THE VICTIM IF SHE NEEDED EMERGENCY MEDICAL SERVICES, TO WHICH SHE STATED NO. WHILE I WAS SPEAKING WITH THE VICTIM, THE DEFENDANT CALLED THE VICTIM'S CELLULAR TELEPHONE SEVERAL TIMES, WANTING TO TALK TO HER ABOUT WHAT HAD OCCURRED. THE DEFENDANT TOLD THE VICTIM HE WAS AT GRANNIE'S RESTAURANT, LOCATED AT THE INTERSECTION OF US HIGHWAY 19 AND WEST FORT ISLAND TRAIL IN CRYSTAL RIVER. AT THAT TIME, CANINE DEPUTY VIGGIANO AND SERGEANT (SGT) GLAZE RESPONDED TO THE RESTAURANT IN AN ATTEMPT TO LOCATE THE DEFENDANT. AFTER THEY ARRIVED, I WAS CONTACTED BY SGT GLAZE WHO STATED THEY HAD LOCATED THE DEFENDANT AND HAD HIM DETAINED. I MADE CONTACT WITH THREE WITNESSES, ALL OF WHOM CORROBORATED THE VICTIM'S STATEMENTS ABOUT THE DEFENDANT PUNCHING HER IN THE FACE AND PLACING HER IN A BEAR-HUG. THE VICTIM AND ALL THREE WITNESSES PROVIDED SWORN WRITTEN STATEMENTS AS TO WHAT HAD OCCURRED. THE VICTIM'S INJURIES WERE THEN PHOTOGRAPHED. SEE ID SERVICES REPORT. I RESPONDED TO GRANNIE'S RESTAURANT AND MADE CONTACT WITH THE DEFENDANT. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS FROM A PREPRINTED AGENCY CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT STATED THERE WAS AN ALTERCATION INSIDE OF THE RESIDENCE AND THAT HIS GIRLFRIEND/VICTIM OF FIVE AND A half months had PUSHED HIM INTO THE PANTRY DOOR. HE STATED SHE HAD ATTACKED HIM AND THAT HE WAS ONLY ATTEMPTING TO HOLD HER BACK. HE STATED IN DOING SO, HE GRABBED HER IN AN ATTEMPT TO PUSH HER AWAY. I ASKED THE DEFENDANT IF HE HAD BEEN STRUCK OR HIT AND HE STATED THE VICTIM HAD "POWDER PUFFED AND SUCKER PUNCHED" HIM. HE EXPLAINED THAT "POWDER PUFFED" WAS WHAT HE DESCRIBED AS HITTING HIM IN THE FACE BUT NOT HARD ENOUGH TO HURT HIM. WHILE SPEAKING WITH THE DEFENDANT, I DID NOT OBSERVE ANY SIGN OF PHYSICAL INJURY ON HIS FACE OR BODY WHERE HE ALLEGED HE HAD BEEN HIT. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR 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, A CRIMINAL HISTORY WAS RUN ON THE DEFENDANT WHICH REVEALED THERE WAS A BATTERY CHARGE ON 021106, A BATTERY CHARGE ON 102506 AND BOTH WITH A DISPOSITION OF GUILTY/CONVICTED. THEREFORE, THE DEFENDANT WAS CHARGED WITH FELONY BATTERY, PREVIOUS CONVICTION, IN VIOLATION OF FLORIDA STATE STATED 784.03(2). THE DEFENDANT'S BOND WAS SET AT $2,000.00, 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* |
