| Probable cause affidavit: |
SUBMITTED BY: MELHADO, BRYAN 0618 (AR09108154) 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: KICKED THE VICTIM IN THE HEAD WHILE THE VICTIM WAS ON THE GROUND, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 031509 AT APPROXIMATELY 1226 HOURS I ARRIVED AT 6035 SOUTH WILDERMUTH POINT IN REFERENCE TO BATTERY WHICH HAD JUST OCCURRED. UPON ARRIVAL, I MET WITH SUSPECT THREE, MS MARJORIE MCELMURRAY WHO SAID HER FRIEND, SUSPECT TWO, WAS FIGHTING WITH VICTIM ONE, AND WHEN SHE SAW THIS HAPPENING, SHE WENT OVER TO VICTIM ONE AND PUNCHED HER IN THE HEAD WHILE THE TWO GIRLS WERE ON THE GROUND. IT SHOULD BE NOTED MS MCELMURRAY HAD A SMALL CUT ON HER RIGHT MIDDLE FINGER. WHEN ASKED HOW THAT OCCURRED, SHE SAID IT WAS WHEN SHE HIT VICTIM ONE. I PROVIDED MS MCELMURRAY WITH A WRITTEN STATEMENT TO COMPLETE. I THEN SPOKE WITH VICTIM ONE, WHO SAID FOR THE LAST COUPLE OF DAYS, PEOPLE HAVE BEEN DRIVING UP AND DOWN THE ROAD IN FRONT OF HER HOME IN AN AGGRESSIVE MANNER, TURNING UP ROCKS AND DEBRIS FROM THE DIRT ROAD. VICTIM ONE SAID THAT THE ROAD IS ACTUALLY HER PROPERTY, BUT SHE ALLOWS PEOPLE TO USE IT SO THEY HAVE EASIER ACCESS TO CARDINAL STREET. SHE WENT ON TO SAY THAT FOR THE LAST COUPLE OF DAYS, A GREEN CHEVROLET TRUCK HAD BEEN DRIVING UP AND DOWN THIS ROAD IN THE SAME MANNER AND TODAY HER HUSBAND, VICTIM TWO, WENT OUTSIDE TO APPROACH THE VEHICLE. HE BEGAN SPEAKING TO THE DRIVER, WITNESS TWO, IN AN ATTEMPT TO GET HIM TO SLOW DOWN. VICTIM ONE SAID THAT THE PASSENGER OF THE VEHICLE, SUSPECT ONE, STARTED YELLING AT VICTIM TWO AND THEN GOT OUT OF HIS VEHICLE , ATTEMPTED TO PUNCH VICTIM TWO, MISSED AND TACKLED HIM INSTEAD. THE TWO MEN WERE ON GROUND WRESTLING WHEN SUSPECT TWO, EXITED THE VEHICLE AND RAN UP AND PUNCHED VICTIM ONE (WHO WAS ATTEMPTING TO BREAK UP THE FIGHT) IN THE FACE. VICTIM ONE SAID THEY BOTH WENT TO THE GROUND, GRABBING AT EACH OTHER, WHEN SUSPECT THREE, MS MCELMURRAY, APPROACHED THE TWO GIRLS AND KICKED VICTIM ONE IN THE BACK OF THE HEAD, AT WHICH TIME SEVERAL PEOPLE WHO WERE WATCHING BROKE UP THE MELEE. THERE WERE APPROXIMATELY 25 PEOPLE AT THE LOCATION WHEN I ARRIVED ON SCENE. I DID SEE A LARGE SWOLLEN AREA ON THE LEFT EYEBROW AND TORN CLOTHING ON VICTIM ONE, WHICH WAS PHOTOGRAPHED BY CRIME SCENE TECHNICIAN CLAUDE. IT SHOULD BE NOTED WITNESS TWO REMAINED IN HIS VEHICLE AND DID NOT GET INVOLVED IN THE FIGHT. I THEN SPOKE WITH VICTIM TWO, WHO CORROBORATED VICTIM ONE'S STORY AND SAID HE MADE EVERY ATTEMPT TO PREVENT THIS FROM HAPPENING. VICTIM TWO DID NOT HAVE ANY VISIBLE INJURIES, EXCEPT MINOR SCRAPES AND DIRTY CLOTHING. THEN SPOKE WITH WITNESS ONE, THE BOYFRIEND OF SUSPECT THREE, WHO SAID SUSPECT ONE DID GET OUT OF THE TRUCK AND LUNGED TOWARD VICTIM TWO. THEN HE SAW SUSPECT TWO GET OUT OF TRUCK AND HIT VICTIM ONE AND WHEN THE TWO WERE ON THE GROUND, MS MCELMURRAY PUNCHED VICTIM ONE. AT THAT POINT THE FIGHT WAS BROKEN UP BY THE CROWD OF PEOPLE. ALL PARTIES WERE SEPARATED WHEN I ARRIVED AND SUSPECT ONE, SUSPECT TWO AND WITNESS TWO WERE NOT ON SCENE, AS THEY HAD ALL GONE TO SUSPECT ONE'S RESIDENCE ON SOUTH HILLTOP. I THEN ARRESTED SUSPECT THREE, MS MCELMURRAY FOR BATTERY AND TRANSPORTED HER TO THE CITRUS COUNTY DETENTION FACILITY. VICTIMS ONE AND TWO WERE PROVIDED AN AGENCY CASE CARD BEARING MY NAME AND THIS CASE NUMBER. DEPUTY PRUS, WHO WAS ALSO SCENE, WENT TO MAKE CONTACT WITH SUSPECT ONE AND SUSPECT TWO ON HILLTOP. WHEN HE MADE CONTACT WITH THEM, THEY WERE COOPERATIVE AND ADMITTED TO EXITING THE VEHICLE AND BEING INVOLVED IN THE FIGHT. BOTH COMPLETED WRITTEN STATEMENTS AND WERE TRANSPORTED BY DEPUTY PRUS FOR PROCESSING AT THE CITRUS COUNTY DETENTION FACILITY. ALL THREE DEFENDANTS WERE PROCESSED AT THE DETENTION FACILITY AND RELEASED ON THEIR OWN RECOGNIZANCE. WRITTEN STATEMENTS WERE OBTAINED FROM WITNESS TWO, MS MCELMURRAY, SUSPECTS ONE AND TWO AND VICTIMS ONE AND TWO. ALL WRITTEN STATEMENTS WERE TURNED IN TO RECORDS. CRIME SCENE TECHNICIAN DUTIES WERE PERFORMED PER BY DEPUTY CLAUDE, SEE HIS CST REPORT. *NOT-EXEMPT* |
