| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR10114125) 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: A WORLD WAR II BAYONET, 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). ON 040210, I WAS DISPATCHED TO 303 WILDA AVENUE, IN REFERENCE TO A VERBAL ARGUMENT WHERE A SUBJECT possibly pulled A KNIFE. UPON ARRIVAL, I MADE CONTACT WITH the VICTIM WHO IS THE BROTHER OF witness one but does NOt live at the residence. HE ADVISED THAT THE DEFENDANT, MR JAMES MERRILL and his brother (witness one), GOT INTO A VERBAL ARGUMENT where the defendant was askED to leave the residence due to possible drug use. HE STATED AT SOME POINT DURING THE VERBAL ARGUMENT THE DEFENDANT PULLED OUT A WORLD WAR II BAYONET and PULLED IT OUT OF THE SHEATH and stated, "nobody will take care of him". Witness one advised that at this time the defendant did not make any threats to use the bayonet on witness one; however, the defendant then got into a verbal argument with the victim who was standing nearby. The defendant was swinging the bayonet around in a threatening manner at victim one. Victim one advised that he was scared so he went into one of the kitchen drawers in an attempt to get a knife to defend himself against the defendant. AT SOME POINT DURING THE PROCESS, THE DEFENDANT EXITED THE REAR SLIDING GLASS DOOR OF THE RESIDENCE. AT THAT TIME WITNESS two AND the VICTIM LOCKED THE SLIDING GLASS DOOR AND CALLED 9-1-1. The VICTIM AND WITNESS two ADVISED THAT THE DEFENDANT WENT NEXT-DOOR TO THE NEIGHBOR'S RESIDENCE, as they watched through the locked rear sliding glass door AND WHEN HE, the defendant CAME BACK, HE DID NOT HAVE THE BAYONET IN HIS HAND ANYMORE. THEY THEN ADVISED THAT HE LEFT THE AREA ON HIS BICYCLE POSSIBLY HEADED TO THE HERNANDO AREA. AFTER A BRIEF SEARCH OF THE AREA, CANINE DEPUTY ROWAND LOCATED THE DEFENDANT riding his bike IN THE AREA OF NORTH MONTGOMERY AVENUE NEAR THE HEALTH DEPARTMENT. THIS DEPUTY OBTAINED WRITTEN STATEMENTS FROM THE VICTIM AND THE witnesses, WHICH WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE RECORDS DEPARTMENT. I THEN RESPONDED TO THE DEFENDANT'S LOCATION, AT WHICH TIME HE WAS ADVISED OF HIS MIRANDA WARNING VIA CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. HE THEN ADVISED THAT HE DID IN FACT GET INTO A VERBAL ARGUMENT WITH one of the witnesses, AND THAT the victim PULLED A KNIFE ON HIM AND SO HE PULLED THE BAYONET ON the VICTIM TO DEFENDANT HIMSELF. I THEN ASKED THE DEFENDANT WHERE THE BAYONET WAS, TO WHICH HE ADVISED THAT HE GAVE IT TO HIS NEIGHBOR. This deputy then asked the defendant that if he was the victim, why did he hide the bayonet with the neighbor at which point THE DEFENDANT BEGAN TO CHANGE HIS STORY AND ADVISED THAT HE DID NOT GIVE THE BAYONET TO ANYBODY, AND IF WE WERE GOING TO TAKE HIM TO JAIL, TO JUST GO AHEAD AND DO IT. BASED ON THE PROBABLE CAUSE WHICH EXISTED FOR HIS ARREST, THE DEFENDANT WAS ARRESTED. HE WAS HANDCUFFED (DOUBLE-LOCKED) AND SECURED IN THE REAR OF THIS DEPUTIES PATROL VEHICLE. PRIOR TO HIM BEING SEATED, A PAT DOWN WAS CONDUCTED ON THE DEFENDANT. LOCATED IN HIS FRONT POCKET WAS A CELLULAR TELEPHONE WHICH APPEARED TO BE FULLY OPERATIONAL. WHEN I ASKED THE DEFENDANT WHY, IF HE WAS THREATENED WITH A KNIFE BY VICTIM DID HE NOT CALL 911, AND HE STATED THAT HE DID NOT WANT TO. I THEN RESPONDED BACK OVER TO THE VICTIM'S RESIDENCE OFF OF WILDA AVENUE, AT WHICH TIME I MADE CONTACT WITH THE NEIGHBOR. THE NEIGHBOR ADVISED THAT THE DEFENDANT DID COME TO HIS REAR SLIDING GLASS DOOR; HOWEVER, HE WOULD NOT ASSIST HIM DURING THE PROCESS OF WHAT HE WAS ASKING FOR. THE NEIGHBOR ADVISED HOWEVER, THAT WE WERE MORE THAN WELCOME TO SEARCH HIS REAR YARD area BECAUSE THE DEFENDANT MAY HAVE STASHED the bayonet IN HIS REAR YARD. THE NEIGHBOR SIGNED CONSENT TO SEARCH FORM. I THEN LOCATED THE LARGE BAYONET STUCK BEHIND SOME PROPERTY TO THE LEFT SIDE OF THE REAR SLIDING GLASS DOOR, OBVIOUSLY TO HIDE ITS WHEREABOUTS. THE BAYONET WAS TAKEN AND WILL BE PLACED IN TO EVIDENCE. THE DEFENDANT WAS LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
