| Probable cause affidavit: |
SUBMITTED BY: RICCI, ANTHONY 0606 (AR09111337) 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 DEFENDANT KICKED A DOOR OF THE RESIDENCE, WHICH RESULTED IN THE THE VICTIM BEING STRUCK BY THE DOOR AND CAUSING HER TO FALL ON A GLASS TELEVISION STAND IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1) (A)(1). ON 100709, AT 2300 HOURS I ARRIVED ON SCENE AT 6589 WEST GANNET PLACE IN REFERENCE TO A BATTERY WHICH HAD OCCURRED. UPON ARRIVAL I MADE CONTACT WITH THE VICTIM, WHO APPEARED TO HAVE LACERATIONS TO HER HAND, AS WELL AS A BROKEN TOOTH. THE VICTIM ADVISED THAT THE SUSPECT, MR MARK FAZZARY AND SHE WERE INSIDE THE RESIDENCE WHEN HE BEGAN TO ASK ABOUT MONEY SHE OWED HIM. AN ARGUMENT ENSUED OVER THE AMOUNT OWED AND, ACCORDING TO MR FAZZARY THREW HER on the BED AND AT THAT TIME MR FAZZARY EXITED THE RESIDENCE, AT WHICH TIME SHE PICKED UP A CHAIR AND MR FAZZARY NOTICED THAT SHE HAD PICKED UP THE CHAIR, AND HE HEADED BACK TOWARD THE RESIDENCE. AT THAT TIME SHE BEGAN CLOSING THE FRONT DOOR AND MR FAZZARY PUSHED IT OPEN, HITTING THE VICTIM AND CAUSING HER TO FALL ON A GLASS TV STAND, WHICH RESULTED IN HER BROKEN TOOTH. AT THAT TIME MR FAZZARY LEFT THE RESIDENCE IN his VEHICLE; A BLUE YUKON. EMERGENCY MEDICAL SERVICES WERE REQUESTED, WHICH ARRIVED SHORTLY THEREAFTER. I NOTICED BLOOD SPOTS ON THE VICTIM'S BED, AS WELL AS HER TILE FLOOR LEADING FROM THE TV STAND TO THE BED. THE VICTIM APPEARED INTOXICATED AND SHE STATED SHE HAD TAKEN XANAX . THE VICTIM ADVISED MR FAZZARY LIVES IN THE HOMOSASSA AREA, GIVING DIRECTIONS TO A RESIDENCE ON GROVE STREET. I REQUESTED THE ASSISTANCE OF SOUTH END UNITS TO BE DISPATCHED TO MR FAZZARY'S RESIDENCE IN AN ATTEMPT TO SPEAK WITH HIM. FURTHER INFORMATION TO FOLLOW. THE VICTIM PROVIDED A TELEPHONE NUMBER WHICH I ATTEMPTED TO CALL AND RECEIVED NEGATIVE RESULTS. AGENCY CASE CARD GIVEN TO MS FLONES AND SHE WAS ADVISED IF NEGATIVE CONTACT WAS MADE WITH FAZZARY THIS CASE WOULD BE FORWARDED TO THE SAO FOR AN ISSUANCE OF A WARRANT. APPROXIMATELY FORTY MINUTES LATER, MYSELF AND DEPUTY SETTLES ARRIVED AT 8022 WEST GROVE STREET, TO WHICH I OBSERVED THE DEFENDANT (MR MARK FAZZARY) STANDING IN HIS DRIVEWAY. I MADE CONTACT WITH THE DEFENDANT AND ASKED WHAT HAD OCCURRED AT GANNET PLACE. HE SHOOK HIS HEAD, AND SAID HE WAS OVER AT THE VICTIM'S RESIDENCE, WHEN SHE BLEW UP OVER AN ISSUE. THE DEFENDANT STATED THAT SHORTLY THEREAFTER, THE VICTIM REPEATEDLY HIT THE DEFENDANT. THE DEFENDANT THEN ADVISED THAT, AT THAT TIME, HE EXITED THE FRONT DOOR OF THE RESIDENCE, TO WHICH THE VICTIM FOLLOWED WITH A PORTABLE FAN. THE DEFENDANT THEN STATED HE SAW THE VICTIM THEN ENTER HER RESIDENCE, TO WHICH HE THEN PURSUED. HE THEN STATED THAT WHILE THE VICTIM WAS CLOSING THE DOOR, HE ADVISED THAT HE HIT IT WITH HIS FOOT. AT THAT TIME, THE DEFENDANT REALIZED THAT THE VICTIM HAD BEEN STRUCK BY THE DOOR, CAUSING HER TO LAND ON A GLASS TELEVISION STAND. HE THEN OBSERVED HER TO HAVE SOME INJURIES. AT THAT TIME, THE DEFENDANT THEN ASKED IF THE VICTIM WAS OK, AND SHORTLY AFTER LEFT THE RESIDENCE. THE DEFENDANT THEN STATED THAT ANOTHER INDIVIDUAL BY THE NAME OF "TUFFY" WAS INSIDE THE RESIDENCE WHEN THIS OCCURRED. FURTHER FOLLOW TO BE CONDUCTED TO ASCERTAIN TUFFY'S IDENTITY. THE DEFENDANT THEN INQUIRED ABOUT THE VICTIM'S INJURIES, TO WHICH I ADVISED THAT SHE HAD A CHIPPED TOOTH, AND SEVERAL LACERATIONS TO HER ARM. THE DEFENDANT STATED THAT HE IS A FRIEND OF THE VICTIM'S, AND OFTEN HELPS HER OUT FINANCIALLY, AS WELL AS WITH A DRUG ADDICTION. THE DEFENDANT APPEARED TO BE VERY CONCERNED OVER THE VICTIM'S INJURIES. I THEN ADVISED THE DEFENDANT THAT HE WOULD BE CHARGED WITH BATTERY, HOWEVER, DUE TO HIS CO-OPERATIVE NATURE; NO EXTENSIVE CRIMINAL HISTORY IN OUR COUNTY, AND CARING FOR AN 87 YEAR OLD MOTHER WHO LIVES AT HIS RESIDENCE, THAT HE WOULD BE RELEASED ON HIS OWN RECOGNIZANCE. *NOT-EXEMPT* |
