| Probable cause affidavit: |
SUBMITTED BY: O'MELIAN, TIMOTHY 0182 (AR09110614) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM(S), COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: BRANDISHED AND FIRED A ROUND FROM A RIFLE, WITHOUT THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021(1)(A). ON 082209 AT APPROXIMATELY 0753 HOURS, I WAS DISPATCHED TO 1917 WHITEHURST AVENUE IN REFERENCE TO GUNSHOT. UPON ARRIVAL, I MADE CONTACT WITH VICTIM ONE AND VICTIM TWO. VICTIM ONE STATED SHE AND HER HUSBAND ARRIVED AT 1917 WHITEHURST AVENUE TO PICK UP SOME BABY ITEMS FOR HER SISTER. INSIDE THE RESIDENCE WAS DEFENDANT, MR JOSEPH MOFFETT, WHO FROM AN EARLIER CALL TO THE SHERIFF'S OFFICE, HAD BEEN TRANSPORTED FROM CHAMELEON AVENUE DUE TO HIM BEING INTOXICATED AND VIOLENT. BOTH VICTIM ONE AND VICTIM TWO ENTERED THE ABOVE RESIDENCE TO RETRIEVE MISCELLANEOUS BABY ITEMS. VICTIM TWO STATED THAT HE ASKED THE DEFENDANT IF HE WAS HITTING HIS SISTER IN LAW. IT WAS UNCLEAR WHAT THE DEFENDANT TOLD VICTIM TWO, HOWEVER, VICTIM TWO ADVISED THE DEFENDANT TO NEVER TOUCH HIS SISTER-IN-LAW AGAIN. BOTH VICTIMS GOT THE ITEMS THEY CAME FOR AND HAD LOADED THEM INTO THE TRUCK. THEN, ACCORDING TO BOTH VICTIMS, WHILE STANDING OUTSIDE THE TRUCK PARKED IN THE DRIVEWAY APPROXIMATELY 100 FEET FROM RESIDENCE, THE DEFENDANT EXITED HIS RESIDENCE THROUGH THE SCREEN ROOM DOOR, DISPLAYED A RIFLE AND DISCHARGED IT INTO THE GROUND. THE DEFENDANT STATED TO THE VICTIMS, "STAY OFF MY FUCKING PROPERTY." THE VICTIMS THEN CALLED 9-1-1 FROM A CELLULAR TELEPHONE. DEPUTY RICHEY ARRIVED ON SCENE, AT WHICH POINT I KNOCKED AT THE BACK DOOR, WHICH HAD BEEN LOCKED. MOMENTS LATER, THE DEFENDANT EXITED THE RESIDENCE WITHOUT ANY FIREARM. I ADVISED THE DEFENDANT WHY I WAS THERE. HE STATED HE DID NOT DISCHARGE A FIREARM AND STATED VICTIM ONE AND TWO CAME TO THE RESIDENCE AND STARTED A VERBAL ARGUMENT WITH HIM AND THREATENED TO "KICK HIS ASS." I ASKED THE DEFENDANT IF HE HAD ANY FIREARMS IN THE RESIDENCE, TO WHICH HE SAID "NO." HE ALSO STATED THAT HE WAS NOT ALLOWED ANY FIREARMS DUE TO A DOMESTIC CHARGE HE HAD IN THE PAST WITH HIS BROTHER. I ASKED PERMISSION TO SEARCH THE RESIDENCE FOR THE FIREARM, TO WHICH THE DEFENDANT SAID YES. I LOCATED A WINCHESTER 3006 LOCATED IN A LINEN CLOSET ON THE NORTH END OF THE RESIDENCE. UPON MAKING THE FIREARM SAFE, I DISCOVERED AN EMPTY SHELL CASING IN THE CHAMBER AND ONE LIVE ROUND IN THE MAGAZINE. FURTHER INSPECTION REVEALED that THE FIREARM APPEARED TO HAVE BEEN RECENTLY DISCHARGED. I ASKED THE DEFENDANT IF THIS WAS HIS RIFLE, TO WHICH HE SAID YES. THE DEFENDANT THEN STATED THAT HE DID DISCHARGE THE FIREARM AND APOLOGIZED FOR LYING TO ME. I ASKED THE DEFENDANT EXACTLY WHAT HAPPENED. HE STATED THAT AFTER THE VICTIMS EXITED THE RESIDENCE, HE RETRIEVED THE RIFLE AND EXITED THE REAR OF THE RESIDENCE TO A SCREENED IN PORCH, AT WHICH POINT HE DISCHARGED THE FIREARM THROUGH A TORN SCREEN WHILE POINTING IT TO THE GROUND. THE DEFENDANT STATED that IT WAS NOT HIS INTENT TO SHOOT THE VICTIMS, HOWEVER, HE WANTED TO MAKE A POINT TO THE VICTIMS NOT TO RETURN TO THE PROPERTY. THE DEFENDANT WAS MIRANDIZED, PLACED UNDER ARREST, HANDCUFFED, DOUBLE LOCKED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT FURTHER INCIDENT. HIS BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. THE FIREARM WAS TAKEN INTO CUSTODY AND TURNED INTO EVIDENCE. *NOT-EXEMPT* |
