| Probable cause affidavit: |
SUBMITTED BY: POLLIARD, WILLIAM 1288 (AR14-11120) (14-94175) DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: A BASEBALL BAT, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 784.045.1.A.2; AND DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF THE BATTERY THE DEFENDANT DID USE A DEADLY WEAPON, TO WIT: A BASEBALL BAT, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 784.045.1.A.2; AND 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: AN AUTOMOBILE, 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 070914 at approximately 1604 hours, I was dispatched to a physical disturbance at the intersection of NORTHEAST 3rd stREET and NORTHEAST 3rd AVENUE IN crystal river. Upon arrival, I made contact with victim one, identified as MR tanner perry. Mr perry advised there has been a recent civil dispute involving a mutual friend of both the suspect, identified as MR mathew smith, and mr perry. Mr perry advised this has caused tension between the relationship of himself and the suspect. Mr perry stated that on 070914, he was driving his black chevrolet pickup TRUCK, bearing FLORIDA LICENSE PLATE 6801bx, through hunter springs park when he noticed thAT the suspect was behind him in a dark color nissan xterra, bearing LICENSE PLATE u512js. Mr perry advised the suspect was honking the vehicle's horn and yelling outside of the vehicle telling mr perry to pull the vehicle over. Mr perry advised as he exited the park and turned southbound on NORTHEAST 3rd street, the suspectâs vehicle was following him. Mr perry stated while he was driving at approximately 30 TO 45 MILES PER HOUR (mph), the suspect attempted to strike the rear driverâs side of mr perryâs vehicle with the front passenger side of his vehicle. I observed light damage to the left driver side quarter panel of mr perryâs vehicle, as well as the markings on the sidewall of the rear driver side tire. Mr perry advised at thAT time, he stopPED his vehicle on NORTHEAST 3rd street and exited the vehicle to confront the suspect on why he was trying to drive him off the road. Mr perry advised the suspect exited his vehicle and began swinging a bat at him. Mr perry advised he was hit in the head and boot several times with the bat. During this time mr perry advised his friend, victim two, MR jacob pineo, and his girlfriend, victim three, MS ashlyn bass, exited his truck and attempted to restrain the suspect AND in doing so, were struck with the bat as well. During my interaction with mr perry, he appeared to have a moderate amount of blood on his upper torso and an injury to his head. Mr perry appeared to have multiple injuries but refused emergency medical services (EMS) and advised he would transport himself if necessary. Deputy cridland photographed mr perryâs injuries. See his CRIME SCENE TECHNICIAN REPORT for further. A sworn written statement was collected from Mr Perry. Upon making contact with victim two, MR Jacob Pineo, he advised he corroborated Mr Perryâs statements but did not complete a sworn written statement. Mr Pineo had an injury to his head and although he was alert, conscious and breathing, he was transported by medic 121 to seven rivers hospital for treatment. Upon interviewing victim three, MS ashlyn bass, she advised while she was riding in the passenger seat of mr perryâs vehicle through hunter springs park, she observed the suspect in a nissan xterra behind mR perryâs vehicle. Ms Bass advised the suspect was yelling so mr perry continued to drive attempting to avoid a conflict. Ms Bass advised both vehicles were travelling eastbound on NORTHEAST 3rd street AND they both began travelling fast and the suspectâs vehicle was getting very close to mr perryâs vehicle. During this time the suspectâs vehicle bumped into the back of mr perryâs vehicle and then struck the rear driverâs side of mr perryâs vehicle. MS Bass stated at thAT time she was very scared and advised both vehicles stopped in the roadway and the suspect exited his vehicle and approached the driver side of mr perryâs vehicle and a verbal altercation ensued. Mr Perry then exited his vehicle and the two subjects began fighting while the suspect had a bat. Ms Bass advised mr perry fell on the ground during the physical altercation, at which time she tried to restrain the suspect. Ms bass advised during the altercation mr pineo was struck in the head with the bat by the suspect. Ms Bass stated the suspect fled the scene in his vehicle taking the bat with him. Ms Bass had a minor laceration to her left knee and advised she did not need ems. A sworn written statement was collected from Ms Bass. While on scene, I made contact with MS Jennifer Behm, who advised she works at CUI, which is located just west of the incident location on NORTHEAST 3rd street. Ms Behm advised she was out on the front porch of the business taking a work break when she observed mr perryâs vehicle in front of the suspectâs vehicle traveling at a high rate of speed. Ms Behm advised she observed the suspectâs vehicle travel in the oncoming lane of traffic and then slightly turn into mr perryâs vehicle in what appeared to be an attempt to run mr perry off the road. Ms behm advised she observed the suspect exit his vehicle and approach the driverâs side door of mr perryâs vehicle and open the door. Ms Behm advised she saw wHAT looked like mr perry attempt to push mr behm away and then exit the vehicle in an uncoordinAted manner. During thAT time, ms behm advised she observed the suspect and mr perry circle each other for a second and then she oBserved the suspect strike mr perry with an aluminum style baseball bat in the shoulder area. Ms Behm advised mr perry was attempting to fight back and the two made their way to the front of mr perryâs vehicle where they were out of ms Behmâs sight. Ms Behm advised the two subjects then made their way back to the driverâs side of mr perryâs vehicle where she observed the suspect swing and possibly miss mr perry before fleeing the scene with the bat in his vehicle. I made telephone contact with THE initial complainant for this call, identified as MR john buscarino. Mr buscarino advised he was travelling north on NORTHEAST 3rd AVENUE when HE approached the four way stop at NORTHEAST 3rd AVENUE and NORTHEAST 3rd stREET. mr buscarino advised he observed approximately three wHITE /mALES exit a blACk chevrolet truck with the driver holding a baseball bat and begin fighting an unknown subject. Mr Buscarino advised he saw the subject holding the baseball bat strike the other male several times. Mr Buscarino advised he could not provide a clear description of the subjects involved but knows the subjects thAT were attacking the single subject all exited from the black chevrolet pickup truck. Mr Buscarino advised he watched these events take place as he passed through the four way stop and continued watching in his rear view mirror as he contacted this agency. I made contact with MS shanna faulkner and MS lisa smith who were both at hunter springs park when this incident began. Both Ms Faulkner and Ms Smith advised they observed a vehicle closely matching the suspectâs vehicle driving erratically and yelling at the occupants of Mr Perryâs vehicle. Ms Faulkner and Ms Smith advised the driver in control of the vehicle resembling the suspectâs vehicle almost struck two children while tailgating mr perryâs truck and driving erRatically. I then travelled to 9281 NORTH citrus springs BOULEVARD and made contact with the suspect. The suspect advised he has knowledge that Mr Perry took some speakers that belonged to him and he has been trying to get the speakers back. While he was at a barbecue at a friends residence, he observed mr perryâs truck drive down the street, at which time he got into his vehicle and followed mr perryâs vehicle into hunter springs park in an attempt to make contact with mr perry and settle the dispute over the speakers. The suspect advised mr perry pulled out of hunter springs parK and onto NORTHEAST 2nd stREET where he later turned eastbound onto NORTHEAST 3rd stREET. The suspect advised he exited hunter springs park and travelled directly to NORTHEAST 3rd stREET where he turned eastbound. The suspect advised mr perry attempted to cut him off on NORTHEAST 3rd stREET, which is what led to the damage of both vehicles. In addition to the damage mentioned regarding mr perryâs vehicle, I observed slight damaGe to the front passenger side fender and front passenger side wheel of the suspectâs vehiCle. See CRIME SCENE TECHNICIAN REPORT for further. At THAT time, both vehicles stopped in the roadway and the suspect exited his vehicle and approached mr perryâs vehicle in an effort to verbally settle the dispute over the speakers. The suspect advised mr perry exited the driver side of his vehicle and made thReatening verbal statements to him. Also, during this time, ms Bass and mr pineo exited the vehicle and mr perry displayed an aluminum baseball bat. Mr perry then struck THE suspect in the left side of his ribs with the bat. The suspected advised he wrapped his arm around the bat in an attEmpt to gain control while he was being batterED by unknoWn means. the suspect advised ms bass was attacking him but he did not strike because she was a female. The suspect advised he was finally able to break the bat away from mr perry and escape the attack when he fled the scene. The suspect advised he was defending himself and could not recall very specific details about the situation. I observed bruising to the SUSPECT's ribs and inside right knee. The suspect stated he does not remember exactly how his knee was injured because his mind went blank while he was trying to defend himself. I did not observe any blood on the suspect or his clothing, which he advised was the clothing he wore when the incident occurred. During my investigation, the suspect was cooperative. Photographs of the suspect'S injuries were taken see CRIME SCENE TECHNICIAN REPORT. I recovered the bat from the suspectâs residence and it was later turned into evidence. While at the suspectâs residence I made contact with mS Lisa smith who advised the vehicle used in the incident is registered to her. She advised the scuffs on the tires and white scratches were not on the vehiCle prior to the suspect taking it from the residence. She also advised the suspect stated mr perry and MR pineo had battered him with a bat when he returned home. Based on physical injuries to Mr Perry and Mr Pineo, as well as several coRrOborating victim and witness statements, and the suspectâs inability to explain how mr perry and MR pineo had sustained their injuries, I placed mr smith under arrest for TWO counts of aggRAVATED batTERY and one count OF aggRAVATED assault. He was handcuffed (double locked) and placed in the rear seat of my paTrol vehicle where he was tranSPORTED TO CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $12,000.00 PER THE BOND SCHEDULE. The bat used in the incident was collected and turned into evidence. All sworn written statements were later turned into records. I took no further action at this time. |
