| Probable cause affidavit: |
SUBMITTED BY: REYNOLDS, CONNARY 1267 (13-116867) (AR13-7051) 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: DID HIT THE VICTIM WITH A PAINT STIRRER ACROSS THE UPPER CHEST, LEAVING PHYSICAL INJURY, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 082713 AT APPROXIMATELY 2025 HOURS, I WAS DISPATCH TO 763 NE 6TH STREET, CRYSTAL RIVER, IN REFERENCE TO A PHYSICAL DISTURBANCE IN PROGRESS. UPON ARRIVAL, I MADE CONTACT WITH THE NEXT DOOR NEIGHBORS, WHO ADVISED THAT THE VICTIM, MS DONNA DECOURCEY, WAS IN THE RESIDENCE AND ADVISED THAT THEY WOULD GET HER SO THAT SHE COULD SPEAK WITH HER. THE VICTIM CAME OUT OF THE RESIDENCE AND ADVISED THAT SHE WAS IN A DISPUTE WITH HER ROOMMATE/DEFENDANT, MR JOHN KONEY SR, OVER A TELEPHONE AND THAT HE HAD HIT HER WITH AN OBJECT, HOWEVER, SHE DID NOT KNOW WHAT IT WAS BUT THOUGHT IT MAY BE A PAINT STICK. I ASKED THE VICTIM IF SHE NEEDED EMERGENCY MEDICAL SERVICES, TO WHICH SHE ADVISED THAT SHE DID NOT. I THEN ASKED THE VICTIM TO FURTHER ELABORATE ON HER STORY, TO WHICH SHE ADVISED THAT SHE WAS INSIDE THE HOUSE WHERE SHE PLACED A CELLULAR TELEPHONE THE DEFENDANT LENDS HER, AS SHE IS AN ON-CALL NURSE, ON THE BED INSIDE HER ROOM. THE VICTIM ADVISED THAT LATER SHE WENT INTO THE ROOM TO MAKE A TELEPHONE CALL AND THE TELEPHONE WAS NOT ON HER BED. THE VICTIM ADVISED THAT SHE ASKED THE DEFENDANT WHERE THE TELEPHONE WAS AND HE CALLED HER âCRAZYâ. THE VICTIM ADVISED THAT SHE CONFRONTED HIM ABOUT THE TELEPHONE, ACCUSING HIM OF TAKING IT. HE THEN TOOK AN OBJECT AND HIT HER ACROSS THE CHEST, PUSHING HER INTO HER ROOM. THE VICTIM ADVISED THAT IT WAS AT THIS TIME, SHE WENT TO THE NEIGHBORS NEXT DOOR AND CONTACTED THIS AGENCY. THE VICTIM SHOWED ME A MARK ON HER UPPER RIGHT CHEST, WHICH APPEARED TO BE SMALL BRUISING AND ANOTHER MARK ON HER UPPER LEFT CHEST AREA WHICH APPEARED TO BE FRESH BRUISING WHICH APPEARED TO BE FROM A STRAIGHT OBJECT SUCH AS THE ALLEGED PAINT STICK. THE VICTIM GAVE ME PERMISSION TO PHOTOGRAPH THESE INJURIES, SEE CRIME SCENE TECHNICIAN REPORT. THE VICTIM ADVISED THAT SHE HAS NOT AND IS NOT IN A RELATIONSHIP WITH THE DEFENDANT AND JUST RENTS A ROOM OUT. THE VICTIM ADVISED THAT HE HAS BEEN ABUSIVE IN THE PAST AND THAT HE WAS NEXT DOOR SLEEPING. I RESPONDED TO THE ORIGINAL CALL LOCATION TO ATTEMPT TO MAKE CONTACT WITH THE DEFENDANT WHERE I KNOCKED LOUDLY ON THE DOOR SEVERAL TIMES AND ANNOUNCED MYSELF AS A CITRUS COUNTY SHERIFF'S OFFICE DEPUTY WHERE THE DEFENDANT FINALLY ANSWERED THE DOOR. THE DEFENDANT INVITED ME INSIDE HIS HOUSE TO SPEAK AND GAVE ME PERMISSION TO SPEAK WITH HIM INSIDE HIS HOUSE. WHEN INITIALLY ASKING THE DEFENDANT WHAT HAPPENED, HE STATED THAT NOTHING HAPPENED AND THAT HE FELL ASLEEP AFTER WATCHING THE RAYS BASEBALL GAME. WHEN ASKED ABOUT THE CONFRONTATION, THE DEFENDANT CHANGED HIS STORY AND STATED THAT THE VICTIM WAS DRINKING ALCOHOL THAT HE HAD KICKED THE VICTIM OUT OF THE HOUSE AND THAT WAS ALL THAT OCCURRED. WHEN CONFRONTED ABOUT THE PHYSICAL INJURIES ON THE VICTIM, HE CHANGED HIS STORY ONCE AGAIN AND STATED THAT THE VICTIM HAD BEEN DRINKING AND WAS COMPLAINING ABOUT HER MISSING TELEPHONE, TO WHERE HE TOLD HER TO LOOK OUTSIDE FOR IT WHERE HE THEN SHUT THE DOOR BEHIND HER AND WENT TO SLEEP. I THEN ADVISED THE DEFENDANT HE WAS PLACED UNDER ARREST FOR BATTERY, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SEARCHED AND SECURED IN THE REAR OF MY PATROL VEHICLE. I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. I ASKED THE DEFENDANT TO TELL ME THE TRUTH AND TO STOP CHANGING HIS STORY, HE ADVISED THAT HE AND THE VICTIM WERE PHYSICAL, HOWEVER, IT WAS JUST A PLAYFUL MANNER AND THAT THEY WERE HITTING EACH OTHER WITH THINGS INCLUDING THE PAINT STICK, HOWEVER THE DEFENDANT ADVISED THAT IT WAS âNOT IN AN AGGRESSIVE MANNERâ. IT SHOULD BE NOTED THAT I DID NOT OBSERVE ANY PHYSICAL INJURIES ON THE DEFENDANT. I ASKED THE DEFENDANT IF HE OBJECTED TO ME GOING BACK INTO HIS HOUSE WITH THE VICTIM TO WHICH HE ADVISED HE DID NOT OBJECT. WHILE INSIDE THE RESIDENCE, DEPUTY CAREY MAINTAINED VISUAL OF THE DEFENDANT AT ALL TIMES. UPON ENTERING THE RESIDENCE WITH THE VICTIM, I OBSERVED IN THE CORNER DIRECTLY TO THE RIGHT OF THE FRONT DOOR, A PAINT STICK, WHICH WAS ALSO IDENTIFIED BY THE VICTIM AS THE OBJECT SHE WAS HIT WITH. A PHOTOGRAPH OF THE PAINT STICK WAS TAKEN, SEE CRIME SCENE TECHNICIAN REPORT. I SPOKE WITH THE DEFENDANT AGAIN AND ASKED HIM ABOUT THE PAINT STICK, TO WHICH HE ADVISED IT WAS HIS BACK SCRATCHER. I SPOKE WITH THE VICTIM WHERE SHE COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. I PROVIDED THE VICTIM WITH AN AGENCY ISSUED CASE CARD BEARING THIS CASE NUMBER AND MY IDENTIFICATION AND ADVISED THE VICTIM TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND CHARGED WITH BATTERY WHERE HIS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. |
