Probable cause affidavit: |
SUBMITTED BY: MORTON, KEVIN 0551 (AR09110619) 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: GRABBED THE VICTIM BY HER FOREARMS AND PUSHED HER INTO A CLOSET, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 082209, I RESPONDED TO KINGS BAY DRIVE, IN CRYSTAL RIVER. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, WHO STATED THAT HER NEPHEW/DEFENDANT, MR JOSEPH LEE MARTIN, DID GRAB her BY HER FOREARMS AND PUSHED HER INTO A CLOSET WHILE THE TWO WERE ARGUING. I OBSERVED A SCRATCH ON the VICTIM'S FOREARM, WHICH SHE STATED WAS A RESULT OF THE ALTERCATION. THE VICTIM THEN STATED THAT HER BOYFRIEND/WITNESS DID THEN ATTEMPT TO RESTRAIN THE DEFENDANT, WHICH RESULTED IN the DEFENDANT AND THE WITNESS RECEIVING SCRATCHES ON BOTH OF THEIR FACES. THE VICTIM FURTHER ADVISED that THE DEFENDANT HAD A MENTAL ILLNESS AND SOME TIMES IS IRRATIONAL. the VICTIM STATED THAT THE THREE OF THEM HAD COME FROM THE ST PETERSBURG AREA FOR THE WEEKEND, AND HAD PLANS TO STAY IN theIR APARTMENT AT THE RIVERHOUSE APARTMENTS. I THEN MADE CONTACT with THE DEFENDANT, WHO I OBSERVED TO BE VERY UPSET AND WAS NOT WILLING TO EXPLAIN THE ALTERCATION that occurred TO ME. THE DEFENDANT ONLY STATED REPEATEDLY THAT HE WOULD NOT BE BOUGHT, WHICH HE DIRECTED TOWARDS the VICTIM AND THE WITNESS, AND STATED TO ME THAT HE DID NOT WANT HER TO GET INTO ANY TROUBLE because SHE ALREADY HAD SIX DUI'S. I THEN MADE CONTACT WITH THE WITNESS, WHO INFORMED ME THAT HE OBSERVED THE DEFENDANT GRAB THE VICTIM AND PUSH HER INTO THE CLOSET. HE STATED AT THAT TIME, HE DID RESTRAIN THE DEFENDANT AND IN the PROCESS THEY BOTH RECEIVED SCRATCHES ON THEIR FACES FROM EACH OTHER. the DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE-LOCKED), AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. EMERGENCY MEDICAL SERVICES (EMS) RESPONDED AND ALL SUBJECTS REFUSED TREATMENT, EXCEPT FOR THE DEFENDANT, WHOM THEY DID TREAT AND RELEASED BACK INTO OUR CUSTODY. the DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. the DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. BASED ON MY INVESTIGATION, IT WAS REVEALED THAT THE DEFENDANT AND the VICTIM WERE RELATED, HOWEVER, DID NOT CURRENTLY NOR EVER LIVE TOGETHER AS A FAMILY UNIT; THEREFORE, CLASSIFYING THIS AS SIMPLE BATTERY. *NOT-EXEMPT* |