Probable cause affidavit: |
SUBMITTED BY: THOMASON, DARRAL 0653 (AR08105038) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of THE VICTIM to-wit: A 1996 FORD EXPLORER SPORT UTILITY VEHICLE, by exercising control over said property with the intent to either temporarily or permanently deprive THE VICTIM of a right to the property or a benefit thereof, or did appropriate the property to HER own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c); AND 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: GRABBING THE VICTIM BY THE THROAT AND PUSHING HER AGAINST THE WALL, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1); AND DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY DARRAL THOMASON, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: PLACING THE SUBJECT UNDER ARREST, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 090408, AT APPROXIMATELY 2131 HOURS, I WAS DISPATCHED TO THE BELLA OASIS HOTEL AND SPA FOR A REPORT OF A PERSON WHO HAD TAKEN A CHILD AND VEHICLE, LEAVING THE AREA OF THE HOTEL AND HEADING NORTH ON HIGHWAY 19. I DROVE NORTH ON HIGHWAY 19 TO VENABLE DRIVE, THEN TO ROCK CRUSHER ROAD, AND THEN BACK TO THE BELLA OASIS HOTEL IN HOMOSASSA. UPON ARRIVAL, I MET WITH THE VICTIM, WHO TOLD ME THAT HER VEHICLE AND SON HAD COME BACK AND THE PERSON WHO HAD TAKEN HER SON AND VEHICLE, THE SUSPECT, MS MABEL SHELL, WAS IN THE ROOM. I COULD TELL THE VICTIM WAS NERVOUS AND UPSET, SO I ASKED THE SUSPECT TO STEP BACK INTO THE ROOM SO I COULD TALK TO THE VICTIM ALONE. I ASKED THE VICTIM WHAT HAD HAPPENED, AND SHE SAID THAT THE SUSPECT AND SHE WERE ARGUING, AND THEN THE SUSPECT PUSHED HER AND GRABBED HER BY THE THROAT AND STARTED CHOKING HER. THE VICTIM STATED SHE PICKED UP A KITCHEN KNIFE THAT WAS NEARBY TO DEFEND HERSELF. THE SUSPECT THEN GRABBED THE KNIFE, CUTTING HERSELF ON THE LEFT HAND. THE VICTIM STATED THAT SHE THEN LEFT THE ROOM TO GO CALL 9-1-1, AND THE SUSPECT THEN TOOK HER VEHICLE KEYS AND HER SON AND LEFT IN HER VEHICLE WITHOUT PERMISSION. THE SUSPECT RETURNED APPROXIMATELY 30 MINUTES LATER WITH THE VEHICLE AND THE SON. I OBSERVED ON THE VICTIM WHAT LOOKED LIKE CHOKE MARKS ON HER NECK. I THEN ASKED THE SUSPECT TO STEP OUT OF THE ROOM AND ASKED HER TO GIVE HER SIDE OF THE STORY. THE SUSPECT STATED THAT NOTHING HAD HAPPENED AND THAT SHE DID NOT TAKE THE VEHICLE. WITH THE EVIDENCE THAT WAS PRESENTED BEFORE ME, I FELT THAT THE SUSPECT HAD PERFORMED A BATTERY AGAINST THE VICTIM. I THEN INFORMED THE SUSPECT THAT SHE WAS GOING TO BE PLACED UNDER ARREST FOR BATTERY AND FOR GRAND THEFT AUTO. THE SUSPECT THEN FREELY ADMITTED THAT THE VICTIM HAD CUT HER WITH A KNIFE AND THE VICTIM SHOULD BE ARRESTED ALSO. I AGAIN ASKED THE SUSPECT TO STEP OUT OF THE ROOM, AND AS SHE DID, SHE FLED. I GAVE CHASE AND WAS ABLE TO CATCH HER AND TOOK HER INTO CUSTODY. CORPORAL CASOLA, THE SHIFT SUPERVISOR, SHOWED UP AS I TOOK THE SUBJECT INTO CUSTODY AND ASSISTED ME IN TAKING HER BACK TO THE ROOM. I INFORMED HIM OF THE SITUATION, AND HE AGREED WITH CHARGING THE SUSPECT WITH BATTERY, GRAND THEFT AUTO, AND RESISTING WITHOUT VIOLENCE. I THEN CONTACTED DEPUTY MELHADO TO PERFORM A CST ON THE VICTIM. SEE CST REPORT. THE SUSPECT WAS THEN PLACED UNDER ARREST AND HANDCUFFED (DOUBLE-LOCKED) BEHIND HER BACK. SHE WAS READ MIRANDA, PLACED IN THE BACK OF MY PATROL VEHICLE, AND TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY. A VICTIM/WITNESS STATEMENT WAS THEN TAKEN FROM THE VICTIM AND THE WITNESS, PRESHOS ROBINSON, AND A CASE CARD WAS GIVEN TO THE VICTIM. ONCE AT THE JAIL, I ASKED THE SUSPECT IF SHE STILL UNDERSTOOD HER RIGHTS, WHICH SHE SAID SHE DID. I ASKED IF SHE WOULD LIKE TO MAKE A STATEMENT, AND SHE FREELY SAID THAT SHE AND THE VICTIM WERE ARGUING OVER A CELLULAR TELEPHONE, AND WHEN SHE ASKED FOR THE TELEPHONE BACK, VICTIM BECAME UPSET AND STARTED YELLING. THE SUSPECT SAID THAT THE VICTIM GOT IN HER FACE AND SHE HAD TO PUSH HER BACK. THE SUSPECT STATED THAT THE VICTIM THEN GRABBED A KNIFE AND CUT HER. SHE STATED THAT SHE THEN GRABBED A TOWEL TO STOP THE BLEEDING, GRABBED THE SON, AND WENT FOR A WALK. SHE STATED THAT I HAD ARRIVED SOON AFTER HER RETURN BACK TO THE ROOM. THE SUSPECT CONTENDS THAT SHE DID NOT TAKE THE VICTIM'S CAR; HOWEVER, THE TOWEL THAT THE SUSPECT USED TO STOP THE BLEEDING DURING THE FIGHT WAS FOUND IN THE VEHICLE ON THE PASSENGER'S SIDE FLOORBOARD. A WRITTEN STATEMENT WAS TAKEN FROM THE SUSPECT. SHE WAS ALSO GIVEN A CASE CARD BEARING MY NAME AND THIS CASE NUMBER. THE TOWEL AND THE KNIFE WERE TAKEN IN TO EVIDENCE PER STANDARD EVIDENCE PROCEDURE. *NOT-EXEMPT* |