| Probable cause affidavit: |
SUBMITTED BY: STOKES, ERIC 0736 (AR14-9123) 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: DID POINT A BLACK C02 POWERED B-B GUN AT THE VICTIM, CAUSING THE VICTIM TO RUN AWAY IN FEAR 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 021614, I WAS DISPATCHED TO THE BIG OAKS CAMPGROUND LOCATED AT 14035 WEST RIVER ROAD IN INGLIS, IN REFERENCE TO A DISTURBANCE INVOLVING A FIREARM. WHEN I ARRIVED, I MADE CONTACT WITH THE VICTIM, WHO ADVISED THAT SHE WENT OVER TO A RENTAL CAMPGROUND SITE AND TOOK A WHITE PLASTIC BENCH TO TAKE AND SIT AROUND THE CAMPFIRE. SHE ADVISED THAT THE NEIGHBOR NEXT DOOR TO THE RENTAL CAMPGROUND PROPERTY, LATER IDENTIFIED AS THE DEFENDANT, MR LEWIS VALDEZ, ADVISED HER NOT TO TAKE THE BENCH BECAUSE IT WAS HIS. SHE ADVISED THAT SHE TOOK THE BENCH ANYWAY, BECAUSE IT HAS BEEN AROUND THE CAMPFIRE FOR THE LAST FEW WEEKS AND IT IS COMMUNAL PROPERTY. THE VICTIM ADVISED THAT AS SHE WAS WALKING BACK TO THE BONFIRE WITH THE BENCH, SHE HEARD WITNESS SILOWKA SAY, âHE HAS A GUNâ. AS SHE TURNED AROUND TO LOOK AT HIM, SHE SAW THAT THE GUN WAS POINTED AT HER HEAD AND SHE ADVISED THAT THIS SCARED HER. AT THAT TIME, SHE RAN BACK TO HER CAMPSITE IN FEAR FOR HER LIFE. THE VICTIM ADVISED THAT WITNESS SILOWKA, WHO IS A CLEANING LADY FOR THE CAMPGROUND, ADVISED HER THAT THE BENCH WAS COMMUNAL PROPERTY AND NOT THE PROPERTY OF THE DEFENDANT. I THEN SPOKE TO WITNESS SILOWKA, WHO ADVISED THAT SHE SAW THE DEFENDANT AND VICTIM ARGUING OVER THE VICTIM TAKING A BENCH THAT DID NOT BELONG TO THE DEFENDANT. THE DEFENDANT THEN WENT INSIDE OF HIS TRAVEL TRAILER AND CAME OUT WITH A GUN. SHE ADVISED THAT HE WAS POINTING IT AT THE VICTIM AS HE WAS WALKING TOWARDS HER, AT WHICH TIME SHE YELLED TO THE VICTIM THAT THE DEFENDANT HAD GUN, TO ALERT HER SO THAT SHE COULD GET AWAY. WITNESS SILOWKA ALSO STATED THAT THE BENCH DID NOT BELONG TO THE DEFENDANT AND EVERYONE IN THE CAMPGROUND CAN USE IT. I SPOKE TO WITNESS MCKINNEY, WHO ADVISED THAT HE SAW THE VICTIM WALK OVER TO THE RENTAL CAMPSITE AND KNOCK ON THE DOOR. HE ADVISED THAT NO ONE CAME TO THE DOOR, SO THE VICTIM PICKED UP THE WHITE PLASTIC BENCH AND STARTED WALKING TOWARDS THE CAMPFIRE. HE STATED THAT HE THEN SAW THE DEFENDANT RUNNING AFTER THE VICTIM AND POINTING A GUN AT HER. HE ADVISED THAT THE VICTIM TURNED AROUND, SAW THAT THE DEFENDANT HAD A GUN AND RAN AWAY. I ASKED WITNESS MCKINNEY IF HE KNEW THE VICTIM OR THE DEFENDANT. HE ADVISED THAT HE HAD ONLY COME TO THE CAMPGROUND RECENTLY AND HE DID NOT KNOW THE VICTIM OR THE DEFENDANT. I THEN SPOKE TO THE DEFENDANT, WHO WAS INSIDE OF HIS TRAVEL TRAILER. UPON KNOCKING ON THE DOOR, THE DEFENDANT STEPPED TO THE DOOR AND ADVISED THAT HE DID NOT HAVE THE GUN AND THE GUN WAS SITTING ON TOP OF HIS MICROWAVE. I ASKED THE DEFENDANT IF I COULD SECURE THE FIREARM AND HE ADVISED THAT I COULD GO INSIDE AND GET IT. AT THAT TIME, I OBSERVED THAT THE FIREARM WAS A BLACK C02 POWERED B-B GUN THAT HAD THE APPROXIMATE SAME SHAPE AND SIZE AS A BERETTA SEMI-AUTOMATIC PISTOL. THE GUN HAD NO VISIBLE ORANGE MARKINGS INDICATING THAT IT WAS NOT A REAL GUN. THE B-B GUN WAS THEN STORED IN THE TRUNK OF MY PATROL VEHICLE, WHILE I CONTINUED TO SPEAK TO THE DEFENDANT. HE ADVISED THAT THE VICTIM WAS ALWAYS TAKING THINGS THAT DO NOT BELONG TO HER, SUCH AS HIS CHAIRS, SHOVELS AND OTHER YARD EQUIPMENT. HE ADVISED THAT THE VICTIM CAME OVER TO HIS RESIDENCE AND TOOK A BENCH. THE DEFENDANT STATED THAT HE TOLD HER TO LEAVE THE BENCH ALONE, THAT IT WAS NOT HERS. HE ADVISED THAT SHE THEN WALKED AWAY IN A RUDE MANNER. THE DEFENDANT STATED THAT HE WAS OUTSIDE SHOOTING TARGETS WITH HIS B-B GUN AND HE WALKED OVER TOWARDS HER WITH THE B-B GUN IN HIS HAND AND NOT POINTED AT HER, WHERE HE ADVISED HER TO LEAVE THE BENCH. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST. HE WAS HANDCUFFED, (DOUBLE LOCKED), IN THE FRONT, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE JAIL, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF AGGRAVATED ASSAULT WITH A DEADLY WEAPON, WHERE HIS BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. THE B-B GUN WAS HANDED OVER TO DEPUTY RICCI TO BE PLACED IN TO EVIDENCE. SEE HIS SUPPLEMENT FOR FURTHER. |
