| Probable cause affidavit: |
SUBMITTED BY: ELDRIDGE, BRYAN 0722 (AR11120868) 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: STRIKING THE VICTIM IN THE FACE AND HEAD, IN VIOLATION OF FLORIDA'S STATE STATUTE 784.03(1)(A)(1). ON 052011 AT APPROXIMATELY 2116 HOURS I WAS DISPATCHED TO 5691 SOUTH WITHLAPOPKA DRIVE IN FLORAL CITY, IN REFERENCE TO A PHYSICAL DISTURBANCE IN THE ROADWAY. UPON ARRIVAL, I WAS ADVISED THAT SEVERAL SUBJECTS WERE INVOLVED IN A PHYSICAL DISTURBANCE IN THE ROADWAY AND THEN FLED HEADING TOWARDS TRAILS END ROAD IN A RED TRUCK AND A SILVER CAR. WHILE ATTEMPTING TO LOCATE THE VEHICLES THIS AGENCY RECEIVED A CALL FROM THE TWO VICTIMS INVOLVED IN THE DISTURBANCE AND ADVISED THAT THEY HAD RETURNED TO THEIR RESIDENCE AT 12375 EAST WALTON DRIVE IN FLORAL CITY. UPON ARRIVAL, I MADE CONTACT WITH VICTIM ONE, MS MELISSA SIMMS, AND VICTIM TWO, MR JAMES SULLIVAN, WHO STATED THAT THEY HAD BEEN JUMPED. MS SIMMS STATED THAT WHILE AT THE CIRCLE K ON GOBBLER DRIVE, A SUBJECT/SUSPECT ONE, MS JESSICA LYNCH, CAME UP AND HIT HER ON TOP OF THE HEAD. MS SIMMS STATED THAT SHE THEN GOT INTO HER VEHICLE AND LEFT TO TRY AND GET AWAY FROM THE SUBJECT. SHE STATED THAT SUSPECT ONE THEN FOLLOWED HER VEHICLE UNTIL SHE LOST CONTROL AND SPUN OUT. SHE STATED THAT THE SILVER VEHICLE THEN RAN INTO THE FRONT OF HER VEHICLE. MS SIMMS STATED THE THREE SUSPECTS GOT OUT OF THEIR VEHICLE AND WALKED TOWARDS HER VEHICLE. SHE STATED THAT JESSICA'S BOYFRIEND/SUSPECT TWO, MR KOTY HESS, WALKED TO HER VEHICLE WINDOW WHICH WAS DOWN AND PUNCHED HER IN HER LEFT EYE. SHE STATED AT THIS TIME HER COUSIN/VICTIM TWO, MR JAMES SULLIVAN, THEN EXITED THE PASSENGER'S SIDE OF MS SIMMS VEHICLE IN AN ATTEMPT TO PROTECT HER FROM THE THREE SUSPECT. SHE STATED BOTH SUSPECT THREE, MR JOUIS PEPE AND SUSPECT TWO, MR KOTY HESS, ATTACKED VICTIM TWO, MR SULLIVAN, KNOCKING HIM TO THE GROUND PUNCHING HIM AND KICKING HIM IN THE FACE AND BACK. VICTIM ONE, MS SIMMS ADVISED THAT SUSPECT ONE, MS LYNCH, CONTINUED HITTING HER IN THE FACE WHILE THE GUYS WERE BEATING UP VICTIM TWO, MR SULLIVAN. VICTIM ONE, MS SIMMS, STATED THE SUSPECTS THEN LEFT AND SHE AND MR SULLIVAN RETURNED TO HER RESIDENCE. I THEN SPOKE WITH VICTIM TWO, MR JAMES SULLIVAN, WHO'S FACE, WAS VERY SWOLLEN, WHO ADVISED THAT HE HAD BEEN HIT IN THE FACE SEVERAL TIMES WITH WHAT HE BELIEVED TO BE A HAMMER. HE STATED HE COULD NOT TELL WHICH DEFENDANT HAD THE HAMMER. EMERGENCY MEDICAL SERVICES WAS REQUESTED TO TREAT MR SULLIVAN'S WOUNDS AND HE WAS LATER TRANSPORTED TO CITRUS MEMORIAL HOSPITAL. MS SIMMS PROVIDED ME WITH A SWORN WRITTEN STATEMENT AND BOTH MS SIMMS AND MR SULLIVAN'S INJURIES WERE PHOTOGRAPHED BY DEPUTY STANTON, SEE CRIME SCENE TECHNICIAN REPORT. WHILE SPEAKING WITH THE VICTIMS, DEPUTY STANTON ADVISED THAT HE HAD LOCATED THE SUSPECT'S VEHICLE ON THE SIDE OF THE ROAD ON TRAILS END ROAD. I THEN RESPONDED TO DEPUTY STANTON'S LOCATION. THE SUSPECTS DID NOW WISH TO SPEAK TO US AT THIS TIME. DEPUTY STANTON ADVISED THAT THE SUSPECTS HAD ADVISED HIM THAT THEY HAD NOT BEEN IN ANY TYPE OF VEHICLE ACCIDENT. BOTH OF THE VEHICLES, THE VICTIM AND THE SUSPECT, HAD FRESH TRANSFER PAINT ON THE FRONT OF THEM WHICH DEPUTY STANTON PHOTOGRAPHED. ALL THREE SUSPECTS WERE PLACED UNDER ARREST FOR SIMPLE BATTERY, HANDCUFFED, BEHIND THEIR BACKS, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DUE TO THE FACT THAT MS SIMMS DID NOT WITNESS VICTIM TWO BEING HIT IN THE FACE WITH A HAMMER AND I WAS NOT ABLE TO SPEAK WITH ANY OTHER WITNESSES, ALL SUBJECTS WERE CHARGED WITH SIMPLE BATTERY. THE DEFENDANTS' BOND WAS SET AT $500.00 EACH, 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* |
