| Probable cause affidavit: |
SUBMITTED BY: VIGGIANO, PAUL 0682 (AR10114415) UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: THE HOOD OF A 1996 CADILLAC FOUR DOOR VEHICLE BEARING FLORIDA TAG 393-KCE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2) ON 042010 AT APPROXIMATELY 2250 HOURS, I WAS DISPATCHED TO 7132 SOUTH SONATA AVENUE IN HOMOSASSA IN REFERENCE TO A CRIMINAL MISCHIEF THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM WHO ADVISED THAT HE ALLOWED WITNESS ONE TO OPERATE HIS 1996 WHITE CADILLAC FOUR DOOR VEHICLE BEARING FLORIDA TAG 393-KCE. HE STATED WHEN WITNESS ONE RETURNED HOME WITH THE VEHICLE, SHE TOLD THE VICTIM THAT THE DEFENDANT, IDENTIFIED AS MR KEVIN KENNETH KENDALL, HAD CLIMBED ON THE HOOD OF THE VEHICLE AND JUMPED UP AND DOWN. I SPOKE WITH WITNESS ONE WHO SAID SHE WENT TO THE HOME OF A FRIEND TO VISIT HER BOYFRIEND, AT WHICH TIME SHE BECAME INVOLVED IN A VERBAL ARGUMENT WITH THE DEFENDANT AND HER BOYFRIEND ASKED HER TO LEAVE THE RESIDENCE. SHE ADVISED SHE RETURNED TO THE VEHICLE AND THE DEFENDANT THREW A CAN OF BEER AT THE WINDSHIELD, THEN CLIMBED ON TO THE HOOD AND SMEARED THE BEER ON THE WINDSHIELD WITH HIS HANDS. SHE SAID SHE JUMPED OUT OF THE VEHICLE TO TELL THE DEFENDANT THIS VEHICLE DID NOT BELONG TO HER, AT WHICH TIME THE DEFENDANT JUMPED ONTO THE HOOD WITH HIS KNEES AND BEGAN JUMPING UP AND DOWN. WITNESS ONE STATED AT THAT TIME, SHE DROVE AWAY FROM THE RESIDENCE, STOPPED AT THE CIRCLE K CONVENIENCE STORE LOCATED AT THE INTERSECTION OF WEST CARDINAL STREET AND SOUTH SUNCOAST BOULEVARD AND REPORTED THE INCIDENT TO AN OFF-DUTY DEPUTY SHERIFF. I OBSERVED THE DAMAGE TO THE HOOD OF THE CADILLAC ON THE DRIVER'S SIDE WHICH APPEARED TO BE CONSISTENT WITH THE WITNESS ONE'S STATEMENT. PHOTOGRAPHS OF THE DAMAGE WERE TAKEN. SEE ID SERVICES REPORT. WHILE EN ROUTE TO THE RESIDENCE ON SOUTH PALMER AVENUE TO MAKE CONTACT WITH THE DEFENDANT, I OBSERVED HIM IN THE PARKING LOT OF THE KANGAROO GAS STATION LOCATED ON THE CORNER OF WEST CARDINAL STREET AND SOUTH GROSS AVENUE IN HOMOSASSA. I MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM OF HIS MIRANDA WARNINGS VIA A PRE-PRINTED AGENCY CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT STATED HE AND WITNESS ONE WERE INVOLVED IN A VERBAL ALTERCATION, AT WHICH TIME IT BECAME PHYSICAL AND WITNESS ONE SLAPPED HIM MULTIPLE TIMES ON THE RIGHT SIDE OF HIS FACE. HE SAID HE PUSHED HER AWAY FROM HIM, WAS ABLE TO GET AWAY AND THREW THE BEER CAN, WHICH HE WAS HOLDING, AT THE CADILLAC, STRIKING THE WINDSHIELD. THE DEFENDANT STATED HE CLIMBED ONTO THE HOOD OF THE VEHICLE, SMEARED THE BEER WITH HIS HANDS AND JUMPED UP AND DOWN ON THE HOOD OF THE CADILLAC. HE SAID HE DID NOT REALIZE HE HAD DAMAGED THE CADILLAC BUT ADVISED HE WOULD PAY FOR THE DAMAGES. I SPOKE WITH WITNESS TWO WHO SAID HE SAW THE DEFENDANT JUMP ON THE CADILLAC AFTER WITNESS ONE AND THE DEFENDANT WERE INVOLVED IN A PHYSICAL ALTERCATION. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR CRIMINAL MISCHIEF. 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 FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF AND HIS BOND WAS SET AT $500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. *NOT-EXEMPT* |
