| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR07004698) 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: BY PUSHING, STRIKING AND SCRATCHING THE VICTIM, IN VIOLATION OF FLORIDA STATE STATUTE 784.03. ON 082507, AT APPROXIMATELY 1500 HOURS, I WAS DISPATCHED TO 3111 EAST DOVE COURT (DEFENDANT'S RESIDENCE) IN REFERENCE TO A BATTERY THAT HAD ALREADY OCCURRED. IT SHOULD BE NOTED THAT THE DEFENDANT HAD CONTACTED THIS AGENCY AT APPROXIMATELY 1230 HOURS AND 1330 HOURS, ON THIS DATE, IN REFERENCE TO CIVIL ISSUES BETWEEN LANDLORD AND TENANT. THIS DEPUTY DID RESPOND TO THE CALL AT 1330 HOURS AND SPOKE WITH THE DEFENDANT AT HER RESIDENCE. AT THAT TIME, THE VICTIM WAS NOT AT THE RESIDENCE AND THE DEFENDANT ADVISED THERE WAS A DISCUSSION BETWEEN HERSELF AND HER NIECE, WHO IS THE VICTIM'S GIRLFRIEND. THE DISCUSSION WAS OVER LANDLORD/TENANT ISSUES. THIS DEPUTY RESPONDED TO 3071 EAST DOVE COURT (NEIGHBOR'S RESIDENCE) AT APPROXIMATELY 1500 HOURS AND MADE CONTACT WITH THE VICTIM. THE VICTIM ADVISED THAT EARLIER TODAY, BETWEEN 1200 HOURS AND 1230 HOURS, HE, HIS FRIEND (WITNESS) AND THE VICTIM'S GIRLFRIEND, WERE MOVING OUT OF THE DEFENDANT'S RESIDENCE, WHERE THEY HAD "RENTED" A ROOM. THE VICTIM ADVISED THAT WHILE HE WAS ATTEMPTING TO MOVE OUT, THE DEFENDANT BEGAN TAKING PICTURES OF THE VICTIM'S DOG AND THE ROOM THAT THE TENANTS HAD BEEN STAYING IN. THE VICTIM STATED THAT THE DEFENDANT HAD PUSHED HIM OUT OF HER WAY IN ORDER FOR HER TO TAKE PICTURES AND AT THAT TIME, THE VICTIM ADVISED HE WENT OUTSIDE THE RESIDENCE. THE VICTIM STATED THAT THE DEFENDANT FOLLOWED HIM AND BEGAN PUSHING HIM, RIPPING HIS SHIRT, AND SCRATCHING HIS ARM AND NECK AREA. THE VICTIM ALSO STATED THAT AT ONE POINT, THE DEFENDANT HAD PUNCHED HIM IN THE JAW. IT SHOULD BE NOTED I OBSERVED SCRATCHES ON THE VICTIM'S RIGHT ARM WHICH WERE PHOTOGRAPHED. I THEN MADE CONTACT WITH WITNESS ONE, AND HE ADVISED HE HAD BEEN HELPING THE VICTIM MOVE. HE STATED HE OBSERVED THE DEFENDANT START TAKING PICTURES WITH A CAMERA AND THEN WITNESS THE DEFENDANT SLAP, HIT, AND SCRATCH THE VICTIM. I SPOKE WITH A SECOND WITNESS WHO STATED HE WAS APPROXIMATELY ONE HUNDRED YARDS AWAY FROM THE RESIDENCE, AND HE ALSO OBSERVED THE DEFENDANT SLAP AND SCRATCH THE VICTIM. A WRITTEN STATEMENT WAS COMPLETED BY THE VICTIM AND WITNESS ONE; HOWEVER, WHEN I ADVISED THE SECOND WITNESS THAT IF HE WROTE A STATEMENT THAT WAS FALSE, THERE IS A POSSIBILITY HE COULD BE ARRESTED FOR PURGERY, AND HE THEN STATED, "NEVER MIND, I NO LONGER WANT TO WRITE A STATEMENT.” I THEN RESPONDED TO 3111 EAST DOVE COURT, WHICH IS THE DEFENDANT'S RESIDENCE. AS I APPROACHED THE RESIDENCE, THE DEFENDANT CAME OUTSIDE AND MET ME IN THE FRONT YARD. I ASKED THE DEFENDANT WHAT WAS GOING ON, AND SHE BEGAN EXPLAINING TO ME THE LANDLORD/TENANT ISSUE SHE WAS HAVING WITH THE VICTIM AND HIS GIRLFRIEND. THE DEFENDANT FINISHED EXPLAINING THE SITUATION TO ME; HOWEVER, SHE DID NOT MENTION ANYTHING ABOUT A PHYSICAL ALTERCATION WITH THE VICTIM. AT THAT TIME, THE DEFENDANT WAS READ HER MIRANDA RIGHTS, FROM A PREPRINTED CARD, TO WHICH SHE STATED SHE UNDERSTOOD. I ASKED THE DEFENDANT IF SHE WISHED TO ANSWER ANY QUESTIONS, AND SHE STATED, "NO." IT SHOULD BE NOTED THAT BY THIS TIME, THE DEFENDANT'S DAUGHTER AND STEPSON WERE NEARBY AND ASKED ME IF SHE WAS BEING ARRESTED. AT THAT TIME, THE DEFENDANT WAS ADVISED SHE WAS BEING PLACED UNDER ARREST FOR BATTERY. THE DEFENDANT'S DAUGHTER AND STEPSON CONTINUALLY ASKED ME QUESTIONS TO WHICH I ANSWERED. AT THIS TIME, ALL PARTIES, INCLUDING THIS DEPUTY, RESPONDED INSIDE THE RESIDENCE TO ALLOW THE DEFENDANT TO GET SOCKS AND SHOES ON AND TO TAKE HER MEDICATION. THE DEFENDANT THEN STATED, "I KNOW YOU READ ME MY MIRANDA RIGHTS AND I WANT TO EXPLAIN THE WHOLE TRUTH. “ AT THAT TIME, THE DEFENDANT ADVISED ME THAT SHE HAD GOTTEN A CAMERA TO BEGIN TAKING PICTURES OF THE DAMAGE THAT THE VICTIM AND HIS GIRLFRIEND HAD DONE TO HER PROPERTY. SHE STATED THE VICTIM WAS STANDING IN FRONT OF HER "IN HER SPACE." THE VICTIM ADMITTED TO PUSHING HIM OUT OF THE WAY TO ALLOW HER TO TAKE PICTURES; HOWEVER, SHE STATED SHE DID NOT STRIKE OR SCRATCH HIM AT ANY TIME. THE DEFENDANT ALSO STATED SHE WANTED TO GIVE HER FINGERNAILS AS EVIDENCE THAT SHE DID NOT SCRATCH THE VICTIM. THE DEFENDANT ALSO STATED THAT SHE THOUGHT IT WAS INTERESTING THAT THIS INCIDENT OCCURRED BETWEEN 1200 HOURS AND 1230 HOURS, BUT THE VICTIM DID NOT CONTACT THIS AGENCY UNTIL 1500 HOURS. AT THE TIME, THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED), PLACED IN THE REAR SEAT OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. IT SHOULD BE NOTED THAT THE DEFENDANT ADVISED ME SHE HAD RECENTLY HAD SURGERY TO HER STOMACH AREA AND HAD BANDAGES OVER HER ABDOMEN. I ADVISED THE DETENTION FACILITY OF THIS AND THAT SHE WOULD PROBABLY NEED TO BE PLACED BY HERSELF FOR SAFETY REASONS. *NOT-EXEMPT* |
