| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, JASON 0583 (AR12-2058) THE DEFENDANT DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: A GOLF CLUB, 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 071912 AT APPROXIMATELY 2016 HOURS, I WAS DISPATCHED TO 3995 EAST GLORIA DRIVE IN HERNANDO IN REFERENCE TO A DISTURBANCE. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR WILLIAM HEWITT, JUNIOR, WHO ADVISED THAT HE WAS OUTSIDE HIS RESIDENCE AND NOTICED THE PIT BULL DOG BELONGING TO HIS NEIGHBOR/DEFENDANT, MR JOSHUA CLAYBORN, OUTSIDE ROAMING THE NEIGHBORHOOD. A SHORT TIME LATER, THE VICTIM STATED HE SAW ONE OF HIS ELDERLY NEIGHBORS WALKING HER POODLE DOG DOWN THE ROAD. AT THAT TIME, THE VICTIM WENT TO ADVISE HIS NEIGHBOR OF THE LOOSE PIT PULL DOG, AT WHICH TIME HE SAW DEFENDANT CLAYBORN AND HIS WIFE/SUSPECT, MS STEPHANIE CLAYBORN, COME OUT OF THEIR HOUSE AND BEGIN ARGUING AND PUSHING EACH OTHER. THE VICTIM STATED WHEN DEFENDANT CLAYBORN NOTICED THE VICTIM OUTSIDE, HE TURNED HIS ATTENTION TOWARD THE VICTIM AND BEGAN YELLING AND SCREAMING AT THE VICTIM. THE VICTIM ADVISED THAT DEFENDANT CLAYBORN BEGAN TO WALK TOWARD HIM IN AN AGGRESSIVE MANNER, TELLING THE VICTIM HE WOULD RELEASE HIS PIT BILL DOG ON HIM. THE VICTIM THEN ADVISED THAT THE PIT BULL BEGAN CHASING HIS NEIGHBOR’S POODLE DOG AND ATTACKED THE POODLE. THE VICTIM STATED HE WENT OVER TO THE TWO DOGS AND BEGAN TRYING TO GET THE PIT BULL OFF THE POODLE BY PUNCHING THE PIT BULL IN THE HEAD IN ORDER TO MAKE THE PIT BULL RELEASE HIS BIT ON THE POODLE. ONCE THE VICTIM WAS ABLE TO GET THE PIT BULL AWAY FROM THE POODLE, HE TURNED AROUND AND NOTICED DEFENDANT CLAYBORN CHARGING AT HIM IN AN AGGRESSIVE MANNER. THE VICTIM STATED HE PUSHED DEFENDANT CLAYBORN TO THE GROUND IN SELF DEFENSE. THE VICTIM ADVISED THAT DEFENDANT CLAYBORN RETREATED TO HIS HOME, THEN SUSPECT CLAYBORN GOT INTO HIS/VICTIM’S FACE AND BEGAN TRYING TO FIGHT WITH THE VICTIM. DURING THIS TIME, THE WITNESS, MR DARRELL SNEDECOR, ATTEMPTED TO INTERVENE, AT WHICH TIME SUSPECT CLAYBORN BEGAN TO SPIT AT THE WITNESS AND ACTUALLY SPIT IN THE WITNESS’S FACE. DURING THIS TIME, DEFENDANT CLAYBORN CAME BACK OUTSIDE WITH A GOLF CLUB IN HIS HAND AND WALKED TOWARD THE VICTIM, WHO WAS IN HIS OWN YARD AT THE TIME. THE VICTIM STATED WHILE DEFENDANT CLAYBORN WALKED TOWARD HIM, HE/DEFENDANT CLAYBORN HELD THE GOLF CLUB IN THE AIR AS IF HE WAS GOING TO SWING THE GOLF CLUB AT THE VICTIM. THE VICTIM ADVISED WHEN DEFENDANT CLAYBORN WAS APPROXIMATELY EIGHT STEPS AWAY FROM HIM, A WHITE VEHICLE, DRIVEN BY WHO WAS LATER IDENTIFIED AS DEFENDANT CLAYBORN’S MOTHER, MS BETTY POTTER, PULLED UP ON THE ROADWAY. THE VICTIM STATED DEFENDANT CLAYBORN’S MOTHER TOLD HIM TO GET IN THE VEHICLE AND THEY THEN SPED AWAY. THE VICTIM ADVISED THAT HE FELT IN GREAT FEAR OF DEFENDANT CLAYBORN WHEN DEFENDANT CLAYBORN WALKED TOWARD HIM WITH THE GOLF CLUB RAISED IN A THREATENING MANNER. THE VICTIM STATED THAT HE FELT IF IT WAS NOT FOR THE OCCUPANT OF THE VEHICLE, DEFENDANT CLAYBORN WOULD HAVE USED THE GOLF CLUB AGAINST HIM. AFTER SPEAKING WITH THE VICTIM, I SPOKE WITH THE WITNESS WHOSE STATEMENT CORROBORATED the STATEMENTS MADE BY THE VICTIM. BOTH THE VICTIM AND THE WITNESS COMPLETED SWORN WRITTEN STATEMENTS WHICH WERE LATER TURNED IN TO RECORDS. THE WITNESS SIGNED A WAIVER OF PROSECUTION FORM AGAINST SUSPECT CLAYBORN FOR SPITTING IN HIS FACE. THE WAIVER OF PROSECUTION FORM WAS ALSO TURNED IN TO RECORDS. WHILE ON SCENE, THE GOLF CLUB WAS RETRIEVED FROM THE VEHICLE BELONGING TO MS POTTER WHO HAD GIVEN HER CONSENT. THE GOLF CLUB WAS LATER TURNED IN TO EVIDENCE. PRIOR TO CLEARING THE SCENE, I PROVIDED THE VICTIM AND THE WITNESS WITH VICTIM’S RIGHTS PAMPHLETS BEARING MY NAME AND THIS CASE NUMBER. ON 072012 AT APPROXIMATELY 0130 HOURS, I RESPONDED TO 680 NORTH INDEPENDENCE HIGHWAY IN INVERNESS IN REFERENCE TO MAKING CONTACT WITH DEFENDANT CLAYBORN. UPON ARRIVAL, I MADE CONTACT WITH DEFENDANT CLAYBORN OUTSIDE OF THIS RESIDENCE. DEFENDANT CLAYBORN ADVISED THAT HIS PIT BULL DID ATTACK THE POODLE, THAT HE WENT AFTER THE VICTIM WITH A GOLF CLUB AND THAT HE MIGHT HAVE EVEN GONE ON TO THE VICTIM’S PROPERTY. DEFENDANT CLAYBORN STATED HE HAD DONE THIS BECAUSE THE VICTIM PUNCHED HIS DOG AND HIM. DEFENDANT CLAYBORN WAS ADVISED HE WAS BEING ARRESTED FOR ONE COUNT OF AGGRAVATED ASSAULT WITH A DEADLY WEAPON WITHOUT THE INTENT TO KILL. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, DEFENDANT CLAYBORN WAS BOOKED AND HELD ON A BOND OF $3,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. |
