| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DANIEL 0443 (AR11120159) 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 THE VICTIM IN THE NOSE WITH CLOSED FIST IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 040711 AT 1736 HOURS, I RESPONDED TO 10508 EAST PATIENCE LANE IN INVERNESS IN REFERENCE TO A BATTERY THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH DEPUTY CULBERTSON WHO WAS ALREADY ON SCENE AND HAD SPOKEN TO THE VICTIM AND THE WITNESS. I MADE CONTACT WITH THE VICTIM, JOSEPH PHAHLER, WHO ADVISED THAT HE HAD GONE TO THE RESIDENCE LISTED ABOVE TO MAKE CONTACT WITH THE SUSPECT, JONATHAN COOPER. THE VICTIM ADVISED THAT HE BEGAN QUESTIONING MR COOPER ABOUT SOME HEADLIGHTS FOR A MOTOR VEHICLE. MR FOWLER STATED THAT MR COOPER HAD SWUNG AT HIM AND MISSED, THEN SWUNG AT HIM A SECOND TIME WITH A CLOSED FIST STRIKING HIM IN THE NOSE. MR FOWLER ADVISED THAT HIS NOSE BEGAN BLEEDING PROFUSELY, AT WHICH TIME, THE DEFENDANT PICKED UP HIS CHILD AND LEFT THE RESIDENCE. I THEN SPOKE TO A WITNESS, MS NICOLE BROOKS, WHO WAS STANDING NEXT TO MR FOWLER WHEN HE WAS STRUCK IN THE NOSE.. SHE ADVISED THAT THE VICTIM AND THE DEFENDANT WERE ARGUING OVER HEADLIGHTS, WHEN MR COOPER LUNGED AT THE VICTIM AND THEN PUNCHED THE VICTIM IN THE NOSE. AFTER THE BATTERY HAD OCCURRED MR COOPER LEFT THE RESIDENCE. THE DEFENDANT MR COOPER WAS THEN CONTACTED VIA TELEPHONE AFTER LAW ENFORCEMENT HAD ARRIVED ON SCENE AND I REQUESTED THAT MR COOPER RETURN TO THE SCENE TO ASSIST IN THE INVESTIGATION. MR COOPER DID COMPLY WITH MY REQUEST. I LOOKED AT THE VICTIM WHO HAD A BLOODY NOSE WITH BLOOD ON HIS FACE AND SHIRT. HE ALSO HAD SWELLING TO HIS NOSE; HOWEVER, REFUSED TREATMENT BY EMERGENCY MEDICAL SERVICES (EMS). I ALSO OBSERVED BLOOD SPATTER ON MS BROOKS CLOTHING. WHILE SPEAKING TO MR COOPER ON THE TELEPHONE, HE HAD STATED THAT MR FOWLER HAD COME TO THE RESIDENCE ON PATIENCE LANE AND APPROACHED HIM WHILE HE WAS SITTING IN A BACK BEDROOM. THE DEFENDANT STATED THAT MR FOWLER WAS HOLDING A BASEBALL BAT TYPE STICK AND WAS THREATENING TO STRIKE THE DEFENDANT WITH THE BAT. THE DEFENDANT STATED IT WAS AT THAT TIME HE STRUCK MR FOWLER ONE TIME IN THE NOSE AND THAT HE THEN PICKED UP HIS CHILD AND HAD LEFT THE SCENE. DEPUTY CULBERTSON ADVISED THAT HE CHECKED THE RESIDENCE WHERE THE BATTERY HAD OCCURRED, HOWEVER, HE COULD NOT LOCATE ANY BAT AS DESCRIBED BY THE DEFENDANT. ALL PARTIES PROVIDED SWORN WRITTEN STATEMENTS WHICH WERE LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) RECORDS DIVISION. MR FOWLER WAS PROVIDED WITH A VICTIM'S RIGHTS PAMPHLET AND AN AGENCY CASE CARD BEARING THIS CASE NUMBER. THE DEFENDANT DID RESPOND BACK TO THE SCENE, WHERE I MADE CONTACT WITH HIM APPROXIMATELY ONE BLOCK AWAY FROM THE VICTIM'S RESIDENCE. THE DEFENDANT THEN PROVIDED A SWORN WRITTEN STATEMENT. THE DEFENDANT ADMITTED TO STRIKING THE VICTIM; HOWEVER, CONTINUED TO STATE THAT HE HAD BEEN THREATENED FIRST BY THE VICTIM WITH A BASEBALL BAT. THE DEFENDANT WAS DRIVEN BACK TO THE SCENE BY HIS MOTHER AND THE CHILD WAS LEFT IN HER CUSTODY. THE DEFENDANT WAS THEN PLACED UNDER ARREST FOR BATTERY, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
