| Probable cause affidavit: |
SUBMITTED BY: RICCI, ANTHONY 0606 (AR11120096) 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: PUNCHED THE VICTIM IN THE BACK, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 040411 AT 0142 HOURS, I ARRIVED ON SCENE AT 5792 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA, CLUB ATMOSPHERE, IN REFERENCE TO A FIGHT IN PROGRESS. PRIOR TO ARRIVAL, DISPATCH ADVISED THAT AN INDIVIDUAL WAS UNCONSCIOUS POSSIBLY AS A RESULT OF A KNIFE BEING USED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, LATER IDENTIFIED AS MR LOUIS OPALL WHO IS THE COOK FOR TWO GUYS FROM ITALY, WHO WAS LYING ON HIS BACK UNCONSCIOUS. SEVERAL WITNESSES ON SCENE ADVISED THAT TWO WHITE MALES, ONE WEARING A WHITE SHIRT AND THE OTHER WEARING AN ORANGE SHIRT, HAD PUNCHED THE VICTIM RESULTING IN HIM BEING UNCONSCIOUS. I THEN REQUESTED EMERGENCY MEDICAL SERVICES (EMS) REFERENCE THE UNCONSCIOUS INDIVIDUAL. WHILE DOING SO, SEVERAL CUSTOMERS ADVISED THAT THE TWO SUBJECTS WERE WALKING SOUTH ON HIGHWAY 19, I THEN PROCEEDED TO THE AREA OF HIGHWAY 19 AND MCKINLEY MAKING CONTACT WITH ONE WHITE MALE IN A WHITE SHIRT, LATER IDENTIFIED AS DEFENDANT MARK ZVIRBLIS, AND A WHITE MALE WEARING AN ORANGE SHIRT, LATER IDENTIFIED AS DEFENDANT RICKY KNIGHT. BOTH INDIVIDUALS WERE HEAVILY INTOXICATED AND ADVISED THEY WERE COMING FROM CLUB ATMOSPHERE. I THEN REQUESTED BACK-UP TO WHICH DEPUTY LUDLOW ARRIVED ON SCENE. I MADE CONTACT WITH DEFENDANT ZVIRBLIS ASKING HIM WHAT HAD OCCURRED AT CLUB ATMOSPHERE TO WHICH HE ADVISED THAT A YOUNG WHITE MALE WAS ATTEMPTING TO ESCORT HIMSELF AND DEFENDANT KNIGHT OUT OF CLUB WHEN THIS WHITE MALE BECAME VERY "SMART". DEFENDANT ZVIRBLIS FURTHER ADVISED THAT UPON BEING ESCORTED OUTSIDE THEY WERE SURROUNDED BY SIX INDIVIDUALS, ONE OF WHOM HIT DEFENDANT KNIGHT TO WHICH HE THEN INTERVENED AND HAD PUNCHED THE YOUNG WHITE MALE. DEFENDANT ZVIRBLIS THEN STATED THAT BOTH HE AND DEFENDANT KNIGHT THEN WALKED DOWN HIGHWAY 19. CONTACT WAS MADE WITH DEFENDANT KNIGHT WHO CORROBORATED DEFENDANT ZVIRBLIS' STORY OF EVENTS. I THEN MADE CONTACT WITH DEPUTY RUBY WHO WAS ON SCENE AT CLUB ATMOSPHERE. HE ADVISED THAT THE VICTIM WAS STILL UNCONSCIOUS AND HE WAS UNABLE TO OBTAIN A STATEMENT. HE ALSO ADVISED THAT MEDIC SEVEN WAS TRANSPORTING THE VICTIM TO SEVEN RIVERS HOSPITAL REFERENCE A BROKEN NOSE. DEPUTY RUBY ALSO ADVISED THAT THERE WAS A WITNESS WHO HAD SEEN THE BEGINNING AND THE END OF THIS ALTERCATION. DEPUTY RUBY STATED THAT HE MADE CONTACT WITH WITNESS, MR THOMAS PERRY, WHO STATED HE WAS USING HIS CELLULAR TELEPHONE OUTSIDE THE ESTABLISHMENT. HE HAD SEEN A WHITE MALE IN AN ORANGE SHIRT PUNCH THE VICTIM IN THE FACE, LATER IDENTIFIED AS DEFENDANT KNIGHT. WITNESS PERRY ADVISED THAT WHILE DEFENDANT KNIGHT WAS PUNCHING THE VICTIM A WHITE MALE IN A WHITE SHIRT, LATER IDENTIFIED AS DEFENDANT ZVIRBLIS, HAD PUNCHED THE VICTIM TWICE IN THE BACK. WITNESS PERRY ADVISED HE ATTEMPTED TO SEPARATE THE INDIVIDUALS UPON SEEING THIS, HOWEVER, DEFENDANT KNIGHT HAD DISPLAYED A KNIFE AND STATED TO HIM THAT HE WOULD KILL HIM IF HE INTERVENED. AT THAT TIME BOTH DEFENDANTS WERE HANDCUFFED (DOUBLE LOCKED) BEHIND THEIR BACKS AND ADVISED THEY WERE BEING PLACED UNDER ARREST. THEY WERE SECURED IN THE REAR OF A PATROL VEHICLE. DEPUTY RUBY ADVISED THAT HE LOCATED THE ALLEGED KNIFE THAT WAS USED AT HIGHWAY 19 AND MCKINLEY. THE KNIFE WAS SECURED AS EVIDENCE AND TURNED IN. DEFENDANT KNIGHT WAS ARRESTED FOR AGGRAVATED BATTERY WITH HIS BOND SET AT $5,000.00 AND DEFENDANT ZVIRBLIS WAS CHARGED WITH SIMPLE BATTERY WITH HIS BOND SET AT $500.00. BOTH DEFENDANTS WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
