| Probable cause affidavit: |
SUBMITTED BY: BRUNK, KEVIN 0344 (13-161908) (AR13-8124) 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: THE VICTIM AND DEFENDANT GOT INTO A VERBAL ARGUMENT WHICH ESCALATED TO A PHYSICAL ALTERCATION WHERE THE DEFENDANT PUNCHED THE VICTIM IN THE FACE, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 112513 AT APPROXIMATELY 1206 HOURS, I WAS DISPATCH TO 4911 SOUTH ROEBUCK WAY, HOMOSASSA, IN REFERENCE TO A BATTERY. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, BROOKE HAWKS, WHO STATED WHILE SHE WAS AT THE WITNESS, MS CYNTHIA DONAHUEâS, HOUSE AT 4936 SOUTH ROEBUCK WAY, MS JULIANO CAME OVER TO MS DONAHUEâS HOUSE AND STARTED SCREAMING ABOUT A FLEA COMB. SHE SAID SHE WAS INSIDE THE RESIDENCE UNTIL MS JULIANO STARTED YELLING IN MS DONAHUEâS FACE AND SHE WENT OUTSIDE. SHE SAID MS JULIANO GOT INTO HER CAR, ACTED LIKE SHE WAS GOING TO LEAVE, MS JULIANO GOT BACK OUT OF HER CAR AND PROCEEDED TO YELL AT HEIR AGAIN. SHE SAID MS JULIANO GOT BACK IN TO THE CAR AS IF SHE WAS GOING TO LEAVE AND MS JULIANO GOT BACK OUT OF HER CAR AGAIN AND CONTINUED TO ARGUE WITH HER. SHE SAID MS JULIANO THEN PUNCHED HER IN THE NOSE WHICH MADE HER NOSE BLEED. THEY THEN STARTED FIGHTING EACH OTHER. SHE SAID MS JULIANO HAD KICKED HER IN THE CHIN, PUNCHED HER IN THE HEAD AND PULLED HER HAIR. SHE SAID SHE WAS SCREAMING FOR MS DONAHUE TO GET HER OFF OF HER AS SHE DID NOT WANT TO FIGHT HER. MOMENTS LATER THEY BOTH STOPPED FIGHTING AND SHE WENT IN TO MS DONAHUEâS HOUSE AND MS JULIANO LEFT. I SPOKE TO WITNESS, MS ATHENA FOUSER, WHO STATED THAT MS JULIANO CAME OVER TO THE HOUSE AND STARTED ARGUING WITH BROOKE. SHE SAID THIS WENT ON FOR A WHILE BACK AND FORTH WITH THE ARGUING. MS JULIANO TOOK A SWING AT BROOK, HIT HER IN THE NOSE AND WAS GRABBING HER HAIR. BROOKE STARTED TO HIT HER BACK. SHE SAID MS DONAHUE TRIED TO INTERVENE WHICH DID NOT WORK. EVENTUALLY THEY SEPARATED ON THEIR OWN. I SPOKE WITH WITNESS, MS CYNTHIA DONAHUE, WHO STATED THAT MS JULIANO CAME OVER TO HER HOUSE AND STARTED ARGUING WITH HER TODAY. SHE TOLD MS JULIANO TO GET OFF OF HER PROPERTY. MS JULIANO STARTED MAKING REMARKS TO BROOKE THAT THEY ALL SHOULD GO TO JAIL BECAUSE SHE âSUCKS DICK AND WANTS HER HUSBANDâ. SHE SAID BROOKE WENT OVER TO MS JULIANOâS CAR AND THEY STARTED ARGUING. SHE STATED THAT MS JULIANO GOT IN AND OUT FO HER CAR SEVERAL TIMES, BUT EACH TIME MS JULIANO WOULD GET OUT AND ANTAGONIZE BROOKE TO FIGHT HER. SHE SAID MS JULIANO COULD HAVE LEFT AT ANY TIME, HOWEVER, SHE DID NOT. SHE STATED THAT MS JULIANO PUNCHED BROOKE IN THE FACE, WHICH CAUSED THEM TO BEGIN FIGHTING. I SPOKE WITH THE DEFENDANT, MS KRISTINA JULIANO, WHO STATED THAT SHE WENT TO MS DONAHUEâS RESIDENCE TO ASK THEM FOR WATER AS SHE HAS NO WATER IN HER RESIDENCE. SHE STATED WHEN SHE GOT TO MS DONAHUEâS HOUSE, MS DONAHUE SAID âFUCK NO YOU CAN NOT HAVE THE WATERâ. SHE SAID SHE ASKED MS DONAHUE FOR HER FLEA COMB AND MS DONAHUE SAID SHE GAVE IT HER BUT MS JULIANO SAID SHE ONLY TOLD HER SHE COULD BORROW IT. THEY BEGAN ARGUING ABOUT A SWEATER AND OTHER MINOR THINGS. SHE STATED AT ONE POINT MS DONAHUE SHUT AND LOCKED THE DOOR TO THE RESIDENCE. SHE STATED WHEN SHE WENT BACK TO GET IN TO HER VEHICLE, SHE FELT HER DRIVERâS DOOR PUSH AGAINST HER BODY AND SAW THAT BROOKE HAD PUSHED IT INTO HER. SHE SAID THAT BROOKE THEN PUSHED HER HARD AND KEPT EGGING HER ON TO HIT HER. SHE STATED BROOKE THEN PUNCHED HER IN THE FACE AND THEN ALL SHE REMEMBERS IS THEY WERE BOTH FIGHTING AND PULLING EACH OTHERS HAIR AND THAT BROOKE HAD HIT HER ON THE HEAD SEVERAL TIMES. SHE SAID SHE HAD A LONG HISTORY INVOLVING THE FAMILY AT 4927 SOUTH ROEBUCK WAY (THE HAWKS). I OBSERVED THAT BROOKE HAD MINOR INJURIES TO INCLUDE A BLOODY NOSE, WHICH HAD BEEN BLEEDING AND HER LEFT HAND HAD BLOOD ON IT. MS JULIANO HAD MINOR INJURIES, WHICH INCLUDED BLOOD ON HER WRISTS, DRIED BLOOD AROUND HER MOUTH AND DRIED BLOOD ON HER NOSE. MS HAWKS, MS FOUSER, MS DONAHUE, AND MS JULIANO, PROVIDED ME WITH WRITTEN STATEMENTS WHICH WERE LATER TURNED IN TO RECORDS. DEPUTY WEST 1286 TOOK PHOTOGRAPHS OF MS JULIANO AND BROOKE, FOR FURTHER INFORMATION SEE HIS CRIME SCENE TECHNICIAN REPORT. AFTER INVESTIGATING THIS CASE, I DETERMINED THAT MS JULIANO IS THE PRIMARY AGGRESSOR IN INITIATING THIS FIGHT BY PUNCHING FIRST. IT APPEARS THAT BROOKE WAS DEFENDING HERSELF IN THE PHYSICAL ALTERCATION. I ADVISED MR HAWKS (FATHER OF VICTIM) OF THE INCIDENT AND HE ADVISED HE WANTED TO PRESS CHARGES AGAINST MS JULIANO. THE DEFENDANT WAS PLACED UNDER ARREST FOR SIMPLE BATTERY, HANDCUFFED, BEHIND HER BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. I PROVIDED THE VICTIM WITH A VICTIM RIGHTS PAMPHLET AND AGENCY ISSUED CASE CARD BEARING THIS CASE NUMBER AND MY IDENTIFICATION AND ADVISED THE VICTIM TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. |
