| Probable cause affidavit: |
SUBMITTED BY: SUDLOW, JAMES 0759 (2012-1300AR) 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: THREW A BASKETBALL AT THE VICTIM AND PUNCHED THE VICTIM NUMEROUS TIMES USING HIS FISTS, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 052312, I WAS DISPATCHED TO 1196 WEST CANDLENUT AVENUE IN HOMOSASSA, IN REFERENCE TO A PHYSICAL DISTURBANCE IN PROGRESS. WHILE EN ROUTE, DISPATCH NOTIFIED ME OUR SUSPECT HAD FLED THE SCENE ON FOOT HEADING NORTH ON SOUTH CANDLENUT AVENUE. UPON MY ARRIVAL TO THE INCIDENT LOCATION, I MADE CONTACT WITH the VICTIM, MR JOHNNY FOSTER, AND THE VICTIMâS FRIEND, MR ROGER CARTER. THEY ADVISED THAT MR JUSTIN RINGLE HAD ATTACKED MR FOSTER. THEY ADVISED THE SUSPECT PUNCHED HIM THREE TIMES IN THE HEAD AND THEN THE VICTIM RAN AWAY AND THE SUSPECT CHASED HIM DOWN AGAIN AND THREW HIM DOWN TO THE GROUND. I ASKED THE VICTIM IF HE NEEDED ANY MEDICAL ATTENTION, TO WHICH HE REPLIED NO. I ASKED THE VICTIM IF HE KNEW WHERE the SUSPECT WAS GOING. HE ADVISED THAT THE ONLY PERSON HE KNOWS DOWN CANDLENUT LIVES OFF OF JONILEE. AT THAT TIME, I TOLD THE VICTIM TO GO BACK INSIDE HIS RESIDENCE AND STAY THERE UNTIL I COME BACK, AT THAT TIME, DEPUTY REID WAS EN ROUTE TO MY LOCATION. I ADVISED DISPATCH THAT I WAS GOING TO BE BOLOING THE AREA LOOKING FOR OUR SUSPECT. I LOCATED THE RESIDENCE THAT the VICTIM WAS TALKING ABOUT, WHICH WAS AT 8192 JONILEE IN HOMOSASSA. UPON MY ARRIVAL, I MADE CONTACT WITH A WHITE FEMALE, WHO REFUSED TO GIVE ME HER NAME AND MR BRIAN KELLEY. MR KELLEY WALKED OUT OF THE RESIDENCE AND CAME OVER TO TALK TO ME. HE ADVISED HE WAS THERE DURING the ALTERCATION AND HE DID NOT WANT TO GET HIS âHOMEYâ IN TROUBLE AND ALL HE WAS GOING TO SAY WAS THAT ALL HE SAW WAS THE SUSPECT LUNGE TOWARDS THE VICTIM AND THEN MR KELLEY STOPPED TALKING AND SAID YOU PRETTY MUCH KNOW WHAT HAPPENED AFTER THAT. I ASKED HIM IF HE KNEW the WHEREABOUTS OF the SUSPECT, TO WHICH SHE ADVISED NO. AT THAT TIME, DEPUTY REID CAME ACROSS THE RADIO AND ADVISED HE HAD LOCATED THE SUSPECT IN FRONT OF 934 CRYSTAL GROVE POINT IN HOMOSASSA. UPON MY ARRIVAL AT THAT LOCATION, I MADE CONTACT WITH THE SUSPECT, AND HIS FRIEND, MR JONATHAN WATLING. I MADE CONTACT WITH BOTH. I ASKED JUSTIN WHAT HAPPENED EARLIER ON CANDLENUT AVENUE. HE STATED THAT HE AND HIS FRIEND BRIAN WERE GOING TO GO PLAY BASKETBALL AND OF THEM HAD AN AIRED UP BASKETBALL. THE SUSPECT REMEMBERED THAT THE VICTIM HAD A GOOD BASKETBALL AND THEY WENT OVER TO the INCIDENT LOCATION TO ASK TO BORROW IT. UPON THEIR ARRIVAL JUSTIN ASKED BRIAN TO COME OUTSIDE and THE SUSPECT ASKED THE VICTIM FOR THE BASKETBALL. THE VICTIM REPLIED NO, BECAUSE WHEN YOU BORROW MY STUFF YOU NEVER BRING IT BACK. THE SUSPECT STATED THEY GOT INTO A VERBAL argument AND THE SUSPECT THREW the BASKETBALL ON THE GROUND IN FRONT OF THE VICTIM. JUSTIN STATED IT NEVER HIT the VICTIM AND WHEN HE HEARD THAT THE COPS HAD BEEN CALLED HE LEFT THE SCENE. I THEN ASKED JONATHAN WHAT HAPPENED AND HIS STORY CORROBORATED THE SUSPECTâS ACCOUNT OF THE INCIDENT. AT THAT TIME, DEPUTY REID AND I RESPONDED BACK TO the LOCATION WITH JONATHAN and THE SUSPECT. THE SUSPECT STAYED with DEPUTY REID AT OUR PATROL VEHICLES WHILE I WENT AND MADE CONTACT WITH TE SUSPECT AND WITNESSES. UPON MY ARRIVAL BACK AT IN CANDLENUT LOCATION, I MADE CONTACT WITH THE VICTIM and THREE independent WITNESSES. I ASKED THE VICTIM WHAT HAPPENED THIS EVENING and HE STATED THAT JUSTIN/SUSPECT, JONATHAN AND BRIAN CAME OVER TO HIS HOUSE AND ASKED TO BORROW A BASKETBALL. THE VICTIM REPLIED NO, I AM NOT LETTING YOU BORROW MY BASKETBALL BECAUSE YOU NEVER RETURN MY STUFF. AFTER THE VICTIM TOLD THE SUSPECT THAT THE SUSPECT STARTED TO YELL LOUDLY WHICH GOT THE NEIGHBORSâ ATTENTION. THE VICTIM STATED the SUSPECT PICKED UP the BASKETBALL OFF THE GROUND and THREW IT AT THE VICTIM HITTING HIM IN THE CHEST CAUSING the VICTIM TO TAKE A COUPLE OF STEPS BACKWARDS. THE VICTIM STATED AFTER the SUSPECT THREW THE BASKETBALL the SUSPECT LUNGED AT HIM WITH A BALLED UP FIST AND THE VICTIM TRIED TO MOVE OUT OF THE WAY BUT WAS NOT QUICK enough. THE VICTIM STATED THE SUSPECT PUNCHED HIM WITH A CLOSED FIST THREE TIMES in the HEAD. the VICTIM WAS ABLE TO GET AWAY AND HE STARTED TO RUN NORTH ON CANDLENUT AVENUE, AT WHICH TIME, THE SUSPECT, JONATHAN AND BRIAN CHASED HIM. THE VICTIM STATED THE SUSPECT CAUGHT UP TO HIM and THREW HIM ON the GROUND AND PUNCHED HIM A COUPLE MORE TIMES, AT WHICH TIME, ONE OF THE WITNESSES YELLED OUT the COPS ARE ON THEIR WAY AND BRIAN TOLD EVERYONE TO GET BACK IN the TRUCK AND LEAVE. PRIOR TO BRIAN GETTING BACK IN the TRUCK HE STATED THAT IF ANYONE POINTS the COPS DOWN TO MY HOUSE THAT THEY WILL BE SORRY TONIGHT AND LOOKED AT the VICTIM AND SAID, âIF I GET IN TROUBLE I AM GONG TO CUT YOUR SONâS LEGS OFF.â WHILE SPEAKING WITH the VICTIM, I OBSERVED REDNESS ON HIS HEAD, ARMS AND ABRASIONS ON HIS RIBCAGE. AT THAT TIME, I MADE CONTACT WITH THE THREE INDEPENDENT WITNESSES, WHICH ONE WAS the COMPLAINT. MS VIRGINIA CARTER AND MS LINDA HALVORSON STATED THAT THEY HEARD YELLING COMING FROM the FRONT YARD AND WHEN THEY CAME OUT THEY SAW THE SUSPECT PUNCHING THE VICTIM AND THE VICTIM GOT AWAY AND BEGAN TO RUN AWAY. THE SUSPECT CAUGHT UP TO THE VICTIM, THREW HIM TO the GROUND AND STARTED PUNCHING HIM AGAIN. AT THAT TIME LINDA YELLED OUT the COPS ARE ON THEIR WAY. SHE HEARD BRIAN TELL EVERYONE ELSE TO GET in the TRUCK and PRIOR TO BRIAN GETTING IN the TRUCK SHE HEARD HIM STATE, âIF ANYONE POINTS the COPS IN MY DIRECTION I WILL KILL YOUâ AND WHILE LOOKING AT the VICTIM STATED, âIF YOU SCREW WITH ME again I WILL CUT YOUR SONâS LEGS OFF.â THE OTHER WITNESS, MS PATRICIA CARTER LIVES ACROSS THE STREET FROM THE INCIDENT LOCATION. SHE STATED she WAS SITTING ON SWING IN HER YARD AND SAW THE SUSPECT SWING AT the VICTIM. SHE STATED DUE TO THE ANGLE SHE COULD NOT SEE THE SWING CONNECT. AT THAT TIME, SHE HEARD A LOT MORE YELLING AND JUSTIN and JONATHAN LEFT the SCENE. SHE ALSO HEARD the THREAT THAT BRIAN MADE. AT THAT TIME, I WENT BACK and QUESTIONED JONATHAN A BOUT the INCIDENT. HE STATED THE SUSPECT DID THROW THE BALL AT THE VICTIM and HIT HIM IN the CHEST. JONATHAN WENT ON TO STATE THE SAW the SUSPECT LUNGE TOWARD the VICTIM, BUT DID NOT RECALL WHAT HAPPENED AFTER THAT. HE MADE THE STATEMENT THAT HE DOES NOT WANT TO GET HIS FRIEND IN TROUBLE and that WAS ALL HE COULD RECALL. AT THAT TIME, I PLACED THE SUSPECT UNDER ARREST FOR SIMPLE BATTERY. HE WAS HANDCUFFED, DOUBLE LOCKED, BEHIND HIS BACK AND SEATED IN the REAR OF MY PATROL CAR. THE DEFENDANT WAS TRANSPORTED TO THE DETENTION FACILITY FOR BOOKING. HIS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. HE VICTIM AND THREE WITNESSES ALL COMPLETED SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED IN TO RECORDS. BRIAN AND JONATHAN STATED THAT THEY DID NOT WANT TO FILL OUT A SWORN, WRITTEN STATEMENT BECAUSE THEY DID NOT WANT TO GET THEIR FRIEND IN TROUBLE OR GET INVOLVED. |
