| Probable cause affidavit: |
SUBMITTED BY: REID, JUSTIN 0708 (AR11120277) 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: PUNCHED WITH A CLOSED FIST THE REAR LEFT SIDE OF THE VICTIM'S HEAD, IN VIOLATION OF FLORIDA'S STATE STATUTE 784.03(1)(A)(1). ON 041511 AT APPROXIMATELY 0046 HOURS, I WAS DISPATCHED TO 7855 WEST GULF TO LAKE HIGHWAY IN CRYSTAL RIVER, CLUB RAIN, IN REFERENCE TO A PHYSICAL DISTURBANCE THAT WAS IN PROGRESS. UPON ARRIVAL, THERE WAS SEVERAL PEOPLE OUTSIDE IN THE FRONT PARKING LOT OF THE CLUB. IT APPEARED TO BE THE SECURITY STAFF ESCORTING OUT THE DEFENDANT, MR JEREMY PHILLIPS. I TRIED TO MAKE CONTACT WITH SEVERAL PEOPLE TO SEE WHAT WAS GOING ON, BUT EVERYONE WAS YELLING AND SCREAMING AT THE SAME TIME. I FINALLY MADE CONTACT WITH THE VICTIM, MR JOSEPH DIBELLA, WHO IS THE OWNER OF THE NIGHT CLUB. THE VICTIM SAID THE DEFENDANT WAS VERY INTOXICATED AND WAS STARTING TO CAUSE PROBLEMS WITH BAR TENDER. HE SAID IT GOT TO THE POINT THAT HE HAD TO HAVE HIS SECURITY TEAM ASK THE DEFENDANT TO LEAVE. HE SAID AFTER SECURITY ASKED THE DEFENDANT TO LEAVE THE CLUB, THE DEFENDANT REFUSED AND STARTED FIGHTING WITH THEM. HE SAID HIS SECURITY TEAM FINALLY GOT THE DEFENDANT OUTSIDE AND THAT IS WHEN THIS DEPUTY ARRIVED ON SCENE. AS I WAS TALKING TO THE VICTIM, THE DEFENDANT'S WIFE STARTED TO YELL AND SCREAM AT THE VICTIM SO I HAD TO FOCUS MY ATTENTION TO HER AND TRY TO CALM HER DOWN. AS I WAS TALKING TO THE DEFENDANT'S WIFE, THE DEFENDANT WITH A RIGHT CLOSED FIST SWUNG AND HIT THE VICTIM IN THE BACK LEFT SIDE OF HIS HEAD, CAUSING IT TO SWELL UP AND CAUSE PAIN IN MY PRESENCE. THE VICTIM ALSO HAS AN APPROXIMATELY 2" BRUISE ON HIS LEFT REAR HIP FROM WHEN THE DEFENDANT STRUCK HIM. THE DEFENDANT WAS PLACED UNDER ARREST FOR BATTERY, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00, PER 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 your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
