| Probable cause affidavit: |
SUBMITTED BY: SUNDBERG, KURT 1268 (15-130625) (AR15-16713) 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: PUSHING THE VICTIM, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 100515, AT APPROXIMATELY 1212 HOURS, I WAS DISPATCHED TO THE RADIO SHACK LOCATED AT 3948 SOUTH SUNCOAST BOULEVARD, IN HOMOSASSA, IN REFERENCE TO A BATTERY. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR JOHN BROPHY, WHO ADVISED ME THAT HE IS THE RADIO SHACK STORE MANAGER. MR BROPHY APPROACHED A GENTLEMAN THAT WAS EXITING HIS STORE AND ASKED FOR A RECEIPT FOR A TELEPHONE LINE THAT HE WAS HOLDING. MR BROPHY ADVISED THAT THE GENTLEMAN TOOK OFFENSE TO HIM ASKING FOR THIS RECEIPT AND ADVISED THAT HE WAS IMPLYING THAT HE WAS A THIEF. HE STATED HE WAS A GOOD CHRISTIAN AND THAT HE HAD NEVER STOLEN ANYTHING IN HIS LIFE. MR BROPHY ADVISED AT THAT TIME THE MALE SHOVED HIM IN HIS UPPER CHEST BELOW HIS SHOULDER AND THREW THE RECEIPT AT HIM. MR BROPHY THEN ASKED THE MAN TO EXIT THE STORE, WHICH HE DID. HE ADVISED AFTER A FEW MINUTES THE CUSTOMER CAME BACK INTO THE STORE AND INSISTED ON A REFUND FOR THE TELEPHONE LINE HE HAD JUST PURCHASED. MR BROPHY ADVISED THAT HE HAD HIS STORE ASSISTANT/WITNESS, MR CHAZ WILKENS, TAKE CARE OF THE REFUND TO TRY TO DEFUSE THE SITUATION. MR BROPHY FURTHER ADVISED THAT THE GENTLEMAN REFUSED TO GIVE ANY CUSTOMER INFORMATION BUT THEY CONTINUED WITH THE REFUND ANYWAYS. CONTACT WAS MADE WITH THE WITNESS, MR WILKENS, WHO ADVISED THAT HE SOLD THE CUSTOMER A TELEPHONE CORD. AFTER THE SALE HE ASKED IF HE WANTED A BAG, WHICH THE CUSTOMER DID NOT. MR WILKENS ADVISED THAT HE WAS COMPLETING OTHER TASKS AROUND THE STORE WHILE THE GENTLEMAN WAS BROWSING. A FEW MINUTES LATER HE HEARD THE GENTLEMAN SHOUT AND THEN STORM OUT OF THE STORE. THE GENTLEMAN THEN RETURNED IN THE STORE AND BEGAN SHOUTING AT HIS MANAGER, MR JOHN BROPHY, AND THEN ADVISED HIM THAT ''SOMEONE NEEDS TO KICK THAT ASSHOLE BACK INTO PLACE.'' AFTER ASKING FOR HIS INFORMATION FOR THE RETURN, THE GENTLEMAN REFUSED MULTIPLE TIMES WHILE SLAMMING HIS ID ON THE COUNTER AND MR BROPHY ADVISED MR WILKENS TO GIVE THE CUSTOMER HIS MONEY BACK. THE CUSTOMER TOOK THE MONEY AND SAID ''I AM A CHRISTIAN, I DO NOT STEAL'' AND THEN STORMED OUT OF THE STORE. CONTACT WAS MADE WITH WITNESS, MS MEGAN ASTEN REPASS, WHO IS THE LEAD RETAIL CONSULTANT AT THE RADIO SHACK STORE. MS ASTEN REPASS ADVISED SHE OBSERVED THE CUSTOMER COME INTO THE STORE AND SHE HEARD HIM SAY WHILE HE WAS LEAVING ''I DONâT' STEAL'' AND SHOVED MR BROPHY WITH HIS RECEIPT IN HIS HAND AND WALKED OUT. WHILE HE WAS WALKING OUT HE WAS YELLING ''GET YOUR ASS BEHIND THE COUNTER WHERE YOU BELONG, ASSHOLE.'' THE CUSTOMER THEN STORMED BACK IN A SHORT TIME LATER AND THREW THE PRODUCT ON THE COUNTER AND DEMANDED HIS MONEY BACK BUT REFUSED TO PROVIDED ANY INFORMATION TO PROCESS THE RETURN. HE THEN SAID TO THE RADIO SHACK EMPLOYEES ''YOU GIVE ME MY DAMN MONEY BACK BOY BEFORE I CALL THE SHERIFFS.'' MS ASTEN REPASS WALKED OVER TO THE GENTLEMAN AND STATED THAT THERE WAS NO NEED AS SHE ALREADY HAD THE SHERIFF'S OFFICE ON THE TELEPHONE. CONTACT WAS MADE WITH WITNESS, MR JOHN GRAHAM, WHO ADVISED THAT HE IS A SPRINT RETAIL CONSULTANT. MR GRAHAM ADVISED THE CUSTOMER IN THE STORE BECAME VERY AGGRESSIVE TOWARDS THE RADIO SHACK MANAGER, MR BROPHY AFTER HE WAS ASKED IF HE HAD A RECEIPT. MR GRAHAM ADVISED THAT THE RADIO SHACK MANAGER ASKED BECAUSE HE DID NOT SEE THE CUSTOMER WITH A BAG. MR GRAHAM ADVISED THE CUSTOMER THEN BEGAN WITH BAD LANGUAGE AND PUSHED THE MANAGER. THE MANAGER THEN STATED ''DONâT PUT YOUR HANDS ON ME'' AND THEN TOLD THE CUSTOMER TO LEAVE. MR GRAHAM ADVISED APPROXIMATELY 30 MINUTES LATER THE CUSTOMER RETURNED TO THE STORE DEMANDING HIS MONEY BACK WHILE THROWING HIS STUFF ON THE COUNTER. RADIO SHACK EMPLOYEE MR WILKENS COMPLETED THE RETURN AND SENT THE CUSTOMER ON HIS WAY. CONTACT WAS MADE WITH WITNESS, MR HEATHER JONES, WHO ADVISED SHE WAS A CUSTOMER INSIDE THE RADIO SHACK STORE WHEN SHE HEARD SHOUTING BY THE FRONT DOOR. SHE ADVISED SHE LOOKED OVER AND SAW AN EMPLOYEE AND OLDER CUSTOMER STANDING FACE TO FACE. SHE ADVISED THE CUSTOMER THEN SHOUTED ''I DONâT STEAL, HERE IS MY TICKET.'' SHE ADVISED SHE THEN OBSERVED THE CUSTOMER SHOVE THE EMPLOYEE IN THE CHEST AND STATED ''GET OUT OF MY FACE BOY.'' SHE ADVISED THE CUSTOMER THEN LEFT THE STORE AND RETUNED A FEW MINUTES LATER AND DEMANDED A REFUND FOR WHATEVER HE HAD BOUGHT. SHE ADVISED THAT THE CUSTOMER WAS VERY VERBALLY AGGRESSIVE AND NAME CALLING OF THE EMPLOYEE. THE CUSTOMER STATED THAT ''THERE ARE CHRISTIANS IN THIS WORLD THAT TAKE OFFENSE TO BEING CALLED A THIEF.'' THE CUSTOMER THEN LEFT AFTER RECEIVING HIS REFUND. ALL PARTIES ON SCENE COMPLETED WRITTEN STATEMENTS THAT WERE LATER TURNED IN TO RECORDS. WITNESSES ON SCENE WERE ABLE TO ADVISED ME THE VEHICLE THE SUSPECT WAS DRIVING TO BE A FORD F250 TAN IN COLOR BEARING FLORIDA LICENSE PLATE NUMBER 4114PF. I RAN THIS VEHICLE AND WAS ABLE TO OBTAIN THE REGISTERED OWNER'S NAME OF MR JAMES SURBER WITH AN ADDRESS OF SOUTH PALACE PLACE IN HOMOSASSA. I OBSERVED THE RADIO SHACK TO HAVE SURVEILLANCE INSIDE THE STORE. MS ASTEN REPASS ADVISED THAT SHE WOULD HAVE TO MAKE CONTACT WITH CORPORATE MANAGEMENT IN ORDER TO GET ACCESS TO THE VIDEO. SHE ADVISED SHE WOULD TRY TO GET THE VIDEO AND MAKE CONTACT WITH THE SHERIFF'S OFFICE TO ADVISE OF THE OUTCOME. CONTACT WAS FURTHER MADE WITH THE VICTIM WHO ADVISED HE WOULD LIKE TO PRESS CHARGES AGAINST THE SUSPECT FOR BATTERY AND ALSO WANTED HIM TRESPASSED FROM THE STORE. ON 100615, CONTACT WAS MADE WITH THE SUSPECT, MR JAMES SURBER, AT HIS RESIDENCE OF 5501 SOUTH PALACE PATH, IN HOMOSASSA. UPON MAKING CONTACT WITH HIM, I ASKED IF HE WAS AT THE HOMOSASSA RADIO SHACK ON YESTERDAY'S DATE, TO WHICH HE ADVISED ME THAT YES HE WAS. I ASKED HIM WHAT HAD HAPPENED THERE TO WHICH HE ADVISED ME THAT HE WENT INTO THE STORE TO BUY A TELEPHONE CABLE. UPON LEAVING THE STORE A MANAGER STOPPED HIM AND ASKED FOR HIS RECEIPT AND ACCUSED HIM OF STEALING IT. HE ADVISED ME THAT HE TOLD THE VICTIM THAT HE WAS NOT STEALING, THE VICTIM GOT CLOSE TO HIM SO HE PUSHED HIM OUT OF HIS SPACE AND THEN LEFT THE STORE. THE SUSPECT WAS ADVISED THAT THE VICTIM IN THIS CASE DID WANT TO PRESS CHARGES AGAINST HIM FOR BATTERY. THE DEFENDANT WAS ESCORTED TO MY AGENCY VEHICLE WHERE HE WAS HANDCUFFED, DOUBLE LOCKED, PLACED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $1,000.00, PER THE BOND SCHEDULE. WHILE AT THE CITRUS COUNTY DETENTION FACILITY A VICTIM NOTIFICATION WAS COMPLETED AND TURNED OVER TO CITRUS COUNTY DETENTION FACILITY STAFF. I AGAIN MADE CONTACT WITH THE DEFENDANT AND HE WAS ADVISED THAT HE WAS TRESPASSED FROM THE RADIO SHACK IN HOMOSASSA. |
