| Probable cause affidavit: |
SUBMITTED BY: WILLIAMS, JUSTIN 0730 (AR14-9051) DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: HE THREW A KNIFE AT THE VICTIM, STRIKING HIM IN THE LOWER LEFT BACK, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 784.045.1.A.2. ON 021014, AT APPROXIMATELY 1734 HOURS, I RESPONDED TO 3965 EAST JURGIN LANE IN INVERNESS, IN REFERENCE TO AN AGGRAVATED BATTERY. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY CUTLIP, WHO WAS ALREADY ON SCENE. DEPUTY CUTLIP ADVISED THAT HE HAD ALREADY SPOKEN WITH THE VICTIM, MR ROBERT ANDERSON JR, AND WITNESS ONE, MR JOSEPH BROOKS. HE ADVISED THAT WITNESS BROOKS AND THE VICTIM PROVIDED SIMILAR STATEMENTS. DEPUTY CUTLIP TOLD ME THAT THEY STATED THAT THE DEFENDANT, MR JAMES MASSEY JR, CAME TO THEIR RESIDENCE TO PICK UP WITNESS BROOKSâ MOTHER AND TWO STEPSISTERS. THEY BOTH ADVISED THAT THE DEFENDANT BECAME VERY UPSET AND BEGAN YELLING AND USING VULGAR LANGUAGE. AT THAT TIME, THE VICTIM WALKED OVER TO THE DEFENDANT AND ASKED HIM TO PLEASE NOT CUSS AT HIS RESIDENCE. THE VICTIM AND WITNESS STATED THAT THE DEFENDANT STATED THAT THE VICTIM âHAD TWO SECONDS TO GET THE FUCK OFF HIS VANâ. AT THAT TIME, THE DEFENDANT REACHED INTO HIS POCKET AND PULLED OUT A LARGE HUNTING KNIFE WITH A FIXED BLADE. THE VICTIM THEN TOOK OFF RUNNING BACK TO HIS RESIDENCE, WHERE HE SAW A PIECE OF PIPE THAT HE PICKED UP IN CASE HE NEEDED TO USE IT TO DEFEND HIMSELF OR ANYONE ELSE. THE VICTIM AND WITNESS ADVISED THAT THE VICTIM THEN CAME BACK OUTSIDE TO MAKE SURE THAT THE DEFENDANT WAS GOING TO LEAVE, AT WHICH TIME DEFENDANT WAS BACK INSIDE OF HIS VEHICLE. AT THAT TIME, THE DEFENDANT STEPPED BACK OUT OF HIS VEHICLE AND STARTED COMING TOWARDS THE VICTIM WITH THE KNIFE. THE DEFENDANT THREW THE KNIFE AT THE VICTIM, WHERE THE VICTIM TURNED AND DUCKED TO AVOID THE KNIFE; HOWEVER THE KNIFE STRUCK HIM IN THE LOWER LEFT PORTION OF HIS BACK, CAUSING A LACERATION. THEY ADVISED THAT THE VICTIM JUMPED BACK TO HIS FEET AND TRIED TO PREVENT THE DEFENDANT FROM LEAVING; HOWEVER THE DEFENDANT DROVE OFF. I OBSERVED THE LACERATION ON THE VICTIM'S LOWER LEFT BACK, AS WELL AS WHAT APPEARED TO BE A LARGE AMOUNT OF FRESH BLOOD ON HIS SHIRT. I ALSO OBSERVED THE KNIFE IN THE FLOWER BED IN THE BACK OF THE RESIDENCE. EMS (EMERGENCY MEDICAL SERVICES) MEDIC 101 RESPONDED TO THE SCENE TO TREAT THE VICTIM. THEY ADVISED THAT THE WOUND WAS NOT LIFE THREATENING BUT WOULD REQUIRE STITCHES FOR REPAIR. THE VICTIM REFUSED TREATMENT FROM EMS AND ADVISED THAT HE WOULD TAKE HIMSELF TO THE HOSPITAL TO GET STITCHES. DEPUTY CUTLIP ALSO ADVISED THAT HE TOOK PHOTOGRAPHS OF THE SCENE. SEE HIS CRIME SCENE TECHNICIAN REPORT. I ALSO MADE CONTACT WITH WITNESS TWO, MS BRENDA ANDERSON. SHE ADVISED THAT THE DEFENDANT WAS IN HIS VAN YELLING AND SCREAMING WHILE USING VULGAR LANGUAGE. SHE ADVISED THAT SHE OBSERVED THE DEFENDANT PULL THE KNIFE ON THE VICTIM. SHE ALSO OBSERVED THE DEFENDANT THROW THE KNIFE AT THE VICTIM, STRIKING HIM IN THE LOWER LEFT PORTION OF HIS BACK. BASED ON THE TOTALITY OF CIRCUMSTANCES, I DETERMINED THAT THERE WAS PROBABLE CAUSE FOR ARREST OF THE DEFENDANT IN REFERENCE TO AGGRAVATED BATTERY WITH A DEADLY WEAPON. DEPUTY CRIDLAND RESPONDED TO THE DEFENDANTâS ADDRESS AT 9450 WEST GREEN BAY LANE IN CRYSTAL RIVER, WHERE HE WAS ABLE TO LOCATE THE DEFENDANT, PLACED HIM UNDER ARREST AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. AT THAT TIME, I MADE CONTACT WITH DEPUTY CRIDLAND AT THE CITRUS COUNTY DETENTION FACILITY, WHO ADVISED THAT HE OBTAINED THE LEAD PIPE WHICH THE DEFENDANT ADVISED WAS THE PIPE THAT WAS USED BY THE VICTIM. THE PIPE WAS COLLECTED AND WILL BE TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. THE DEFENDANT ADVISED THAT THE VICTIM APPROACHED HIM WITH A LEAD PIPE WHILE THREATENING HIM, AT WHICH TIME THE DEFENDANT PULLED THE KNIFE OUT OF THE CENTER CONSOLE OF HIS VEHICLE IN SELF DEFENSE. THE DEFENDANT ADVISED THAT THE VICTIM KEPT COMING TOWARDS HIM SO HE THREW THE KNIFE IN THE GENERAL DIRECTION OF THE VICTIM; HOWEVER HE WAS NOT AIMING TO STRIKE THE VICTIM WITH THE KNIFE. IT SHOULD BE NOTED THAT THE DEFENDANT ADVISED ME THAT THE KNIFE DID NOT STRIKE THE VICTIM AND STATED THAT THE VICTIM WAS WALKING TOWARDS HIM WHEN THE KNIFE WAS THROWN. THIS STATEMENT WAS INCONSISTENT WITH THE VICTIM'S WOUND ON HIS LOWER LEFT BACK, WHICH WOULD INDICATE THAT HE WAS FACING AWAY FROM THE DEFENDANT WHEN THE KNIFE WAS THROWN. THE DEFENDANT ADVISED THAT THE VICTIM CAME AFTER HIM WITH THE LEAD PIPE, AT WHICH TIME THE DEFENDANT JUMPED THROUGH THE FRONT WINDOW OF HIS VAN TO ATTEMPT TO LEAVE. THE DEFENDANT ADVISED THAT THE VICTIM STRUCK HIS VAN MULTIPLE TIMES WITH THE PIPE, AT WHICH TIME THE DEFENDANT LEFT THE SCENE. THE DEFENDANT ALSO ADVISED THAT WITNESS BROOKS THREW BRICKS AT THE BACK OF THE DEFENDANTâS VEHICLE WHILE HE WAS LEAVING. I DID NOT OBSERVE ANY BRICKS IN THE AREA OF THE DRIVEWAY WHILE I WAS ON SCENE. AT THAT TIME, WHILE I WAS SPEAKING WITH THE DEFENDANT, HE ADVISED THAT HE WOULD LIKE TO INVOKE HIS RIGHT TO A LAWYER AND REFUSED TO FILL OUT A STATEMENT. ALL QUESTIONING WAS CEASED AT THAT TIME AND THE DEFENDANT WAS TURNED BACK OVER TO THE CUSTODY OF THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. |
