| Probable cause affidavit: |
SUBMITTED BY: SMITH, STEVE 0292 (AR10117059) 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 MOUTH CAUSING A BUSTED LIP, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1) AND UNLAWFULLY ENDANGER THE SAFETY OF ANOTHER OR THEIR PROPERTY WHILE INTOXICATED OR DID WHILE INTOXICATED OR DRINKING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE CAUSE A PUBLIC DISTURBANCE, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 856.011. ON 092510 WHILE WORKING THE RYAN WEAVER CONCERT AT ROCK CRUSHER CANYON, I WAS APPROACHED BY THE VICTIM WHO ADVISED THERE WERE SEVERAL FEMALE SUBJECTS DANCING IN FRONT OF HIS SEATS SO THAT HE AND HIS DISABLED MOTHER COULD NOT SEE THE CONCERT. I ADVISED HIM I WOULD MEET HIM AT HIS SEATS. WHILE MAKING MY WAY TO HIS AREA, I OBSERVED THE DEFENDANT, LATER IDENTIFIED AS MS JULIE CUNNINGHAM, ARGUING WITH THE VICTIM IN FRONT OF THE STAGE. SECURITY PERSONNEL STEPPED IN, SEPARATING THEM, AT WHICH TIME THE DEFENDANT WALKED OFF . I RESPONDED TO THE AREA WHERE I MADE CONTACT WITH SECURITY PERSONNEL WHO ADVISED THAT FEMALE SUBJECTS HAD BEEN DANCING IN FRONT OF THE VICTIM AND SECURITY PERSONNEL ASKED THEM TO MOVE AWAY WHICH THEY DID. APPROXIMATELY TEN TO FIFTEEN MINUTES LATER, I OBSERVED THE DEFENDANT BACK BY THE VICTIM. I ALSO OBSERVED SECURITY PERSONNEL ESCORTING THE DEFENDANT AWAY AND THE VICTIM HOLDING HIS MOUTH WITH HIS HAND. UPON GETTING TO THE VICTIM, HE ADVISED THAT THE DEFENDANT WALKED BACK IN FRONT OF HIM AGAIN, ASKING HIM HOW HE "LIKED HER FAT ASS" BEING IN HIS FACE. WHEN THE VICTIM TOLD THE DEFENDANT TO MOVE, HE STATED SHE PUNCHED HIM IN THE MOUTH BUSTING HIS LIP AND ALMOST CAUSING HIM TO FALL BACKWARD. WRITTEN STATEMENTS WERE OBTAINED FROM THE VICTIM AND THE SECURITY PERSONNEL WHO HAD WITNESSED THE BATTERY. I ALSO OBTAINED A WRITTEN STATEMENT FROM AN INDEPENDENT WITNESS WHO WAS SITTING NEARBY. ALL WITNESSES GAVE EXACTLY THE SAME ACCOUNT. THE DEFENDANT WAS EXTREMELY INTOXICATED TO THE POINT THAT SHE WAS VERBALLY BELLIGERENT AND WOULD NOT FOLLOW COMMANDS. SHE WAS PLACED UNDER ARREST FOR ONE COUNT OF SIMPLE BATTERY AND ONE COUNT OF DISORDERLY INTOXICATION. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, THE DEFENDANT WAS BOOKED AND HELD ON A TOTAL BOND OF $650.00, IN ACCORDANCE WITH THE BOND SCHEDULE. ALL WRITTEN STATEMENTS WERE LATER TURNED IN TO RECORDS. IN REFERENCE TO THE VICTIM'S INJURIES, HIS LIP WAS BUSTED IN SEVERAL PLACES AND IT WAS EXTREMELY SWOLLEN. THE VICTIM ADVISED HE WILL MAKE CONTACT WITH THIS AGENCY ON 092610 AND MAKE ARRANGEMENT TO HAVE HIS INJURIES PHOTOGRAPHED. "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* |
