| Probable cause affidavit: |
SUBMITTED BY: GILMAN, MICHAEL 0604 (AR10115502) 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 AND PUSHED THE VICTIM, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 062310 AT APPROXIMATELY 1819 HOURS, I RESPONDED TO THE THUNDER INN BAR LOCATED AT 5210 NORTH FLORIDA AVENUE IN HERNANDO IN REFERENCE TO HARASSMENT. WHILE EN ROUTE, DISPATCH ADVISED THAT 911 COMMUNICATIONS OFFICER VITT COULD HEAR A VERBAL ALTERCATION BETWEEN THE VICTIM AND THE DEFENDANT, LATER IDENTIFIED AS MS MELANIE DIBELLO. PRIOR TO MY ARRIVAL ON SCENE, DISPATCH ADVISED THAT COMMUNICATIONS OFFICER VITT HEARD THE DEFENDANT STRIKE THE VICTIM AND THAT THE VICTIM STATED TO COMMUNICATIONS OFFICER VITT THAT THE DEFENDANT HAD JUST PUNCHED HIM IN THE BACK OF THE HEAD AS HE WAS ATTEMPTING TO WALK AWAY FROM THE DEFENDANT. DISPATCH FURTHER ADVISED THAT THE DEFENDANT HAD PUSHED THE VICTIM, THAT BOTH PARTIES HAD FALLEN TO THE GROUND AND MAY HAVE BEEN WRESTLING WITH EACH OTHER IN THE PARKING LOT OF THE BAR. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM WHO WAS STANDING ALONE IN THE PARKING LOT. THE VICTIM STATED THE DEFENDANT HAD BEEN "STALKING " HIM FOR SEVERAL DAYS, CALLING HIS RESIDENTIAL AND CELLULAR TELEPHONES, DRIVING TO HIS RESIDENCE AND POUNDING ON HIS WINDOWS, ALL IN AN ATTEMPT TO GAIN THE VICTIM'S ATTENTION. THE VICTIM STATED HE ALSO RECEIVED A TEXT MESSAGE FROM THE DEFENDANT ON 062110, STATING SHE MAY WANT TO HARM HERSELF. THE VICTIM STATED HE IGNORED THAT TEXT MESSAGE AT THAT TIME. WHEN QUESTIONED, THE VICTIM STATED HE AND THE DEFENDANT HAD DATED SEVERAL TIMES BUT THAT THE RELATIONSHIP HAD BEEN ENDED. THE VICTIM STATED WHILE AT THE BAR, THE DEFENDANT ARRIVED AND INITIATED A VERBAL ALTERCATION WITH THE VICTIM, DURING WHICH THE DEFENDANT TOLD THE VICTIM THAT SHE WOULD SLASH THE TIRES ON HIS VEHICLE. THE VICTIM STATED HE TOLD THE DEFENDANT SEVERAL TIMES TO LEAVE HIM ALONE. THE VICTIM STATED WHEN HE WALKED OUTSIDE TO THE PARKING LOT TO CONTACT 911 FOR ASSISTANCE, THE DEFENDANT FOLLOWED HIM, YELLING AT HIM AND CALLING HIM NAMES WHILE HE WAS SPEAKING WITH THE 911 OPERATOR. THE VICTIM THEN STATED THAT WHILE HE WAS SPEAKING WITH THE 911 OPERATOR, THE DEFENDANT PUNCHED HIM IN THE BACK OF THE NECK, THEN WALKED BACK INSIDE OF THE BAR. THE VICTIM STATED THE DEFENDANT CAME BACK OUT, PUSHED THE VICTIM SEVERAL TIMES WHILE SHE CONTINUED TO YELL AT HIM AND CALL HIM NAMES. THE VICTIM STATED THE DEFENDANT ENTERED THE BAR A SECOND TIME, CAME BACK OUT OF THE BAR AND PUSHED HIM, AT WHICH TIME HE FELL TO THE GROUND. THE VICTIM STATED THE DEFENDANT THEN ATTEMPTED TO TAKE HIS CELLULAR TELEPHONE. I VISUALLY EXAMINED THE VICTIM AND OBSERVED A LARGE RED IN COLOR MARK ON THE BACK OF THE VICTIM'S NECK, SUPERFICIAL ABRASIONS ON THE VICTIM'S LEFT MIDDLE FINGER AS WELL AS BOTH OF THE VICTIM'S KNEES. EMERGENCY MEDICAL SERVICES (EMS) WAS OFFERED AND REFUSED BY THE VICTIM ON SCENE. I MADE CONTACT WITH THE WITNESS WHO STATED SHE HAD NO PERSONAL CONNECTION WITH THE VICTIM. THE WITNESS CORROBORATED THE STATEMENTS MADE BY THE VICTIM IN REGARD TO THE INCIDENT, ADDING THAT WHEN THE DEFENDANT PUSHED THE VICTIM TO THE GROUND, THE DEFENDANT ALSO FELL TO THE GROUND ON HER OWN DUE TO BEING INTOXICATED. THE WITNESS STATED AT THAT TIME, THE DEFENDANT SCRAPED HER HEAD ON THE PAVEMENT. THE WITNESS REFUSED TO PROVIDE A WRITTEN STATEMENT AT THIS TIME. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS EXTREMELY INTOXICATED AND HAD BLOOD ON THE LEFT SIDE OF HER FACE AND HER SHIRT FRONT. THE DEFENDANT STATED WHEN SHE EXITED THE BAR, WHILE INVOLVED IN A VERBAL ALTERCATION WITH THE VICTIM, THE VICTIM THREW HER TO THE GROUND, GRABBED HER BY THE BACK OF THE HEAD AND SLAMMED HER HEAD INTO THE GROUND, CUTTING IT. THE DEFENDANT STATED SHE THEN ENTERED THE BAR TO CLEAN HERSELF UP. I VISUALLY EXAMINED THE DEFENDANT'S HEAD AND OBSERVED A SMALL, SUPERFICIAL SCRAPE AT THE DEFENDANT'S HAIRLINE WHICH HAD ALREADY STOPPED BLEEDING AND HAD BEGUN TO DRY. THE DEFENDANT WAS ALSO OFFERED EMS WHICH SHE REFUSED ON SCENE. THE VICTIM AND THE DEFENDANT PROVIDED WRITTEN STATEMENTS WHICH WERE LATER TURNED IN TO RECORDS. NO OTHER WITNESSES TO THE INCIDENT COULD BE LOCATED AT THIS TIME. I MADE CONTACT VIA TELEPHONE WITH COMMUNICATIONS OFFICER VITT AT THE CITRUS COUNTY SHERIFF'S OFFICE EMERGENCY OPERATIONS CENTER. COMMUNICATIONS OFFICER VITT CORROBORATED THE STATEMENTS MADE BY THE VICTIM DURING THE INCIDENT. DUE TO THE TOTALITY OF CIRCUMSTANCES, I PLACED THE DEFENDANT UNDER ARREST FOR BATTERY. SHE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT REFUSED TO EXIT MY PATROL VEHICLE. I ESCORTED THE DEFENDANT FROM MY PATROL VEHICLE TO THE SALLY PORT VESTIBULE. ONCE INSIDE, THE DEFENDANT ATTEMPTED TO SLAM HER HEAD AGAINST THE CONTROL ROOM WINDOW. I GAINED CONTROL OF THE DEFENDANT, AT WHICH TIME THE DEFENDANT REFUSED TO STAND AND WENT COMPLETELY LIMP, THEREFORE SHE WAS GUIDED TO THE FLOOR TO PREVENT INJURY. WHILE LAYING ON THE VESTIBULE FLOOR, THE DEFENDANT SLAMMED HER HEAD AGAINST THE VESTIBULE FLOOR, CAUSING FURTHER INJURY TO THE ALREADY EXISTING INJURY ON HER FOREHEAD. AFTER THE DEFENDANT SLAMMED HER HEAD ON THE FLOOR, I GAINED CONTROL OF HER AND CRADLED HER HEAD IN AN ATTEMPT TO PREVENT ANY FURTHER INJURY. CORRECTIONS CORPORATION OF AMERICA (CCA) STAFF RESPONDED TO THE VESTIBULE AND GAINED CONTROL OF THE DEFENDANT. THE DEFENDANT WAS SEEN BY CCA STAFF NURSE AND EMS WAS REQUESTED TO RESPOND TO THE DETENTION FACILITY. UPON ARRIVAL OF MEDIC UNIT TWO, THEY PROVIDED INITIAL MEDICAL TREATMENT, THEN TRANSPORTED THE DEFENDANT TO CITRUS MEMORIAL HEALTH SYSTEM EMERGENCY ROOM (ER) FOR FURTHER TREATMENT. I RESPONDED WITH MEDIC UNIT TWO TO CITRUS MEMORIAL ER. WHILE ON SCENE, THE DEFENDANT WAS EXTREMELY UNCOOPERATIVE WITH MEDICAL STAFF, YELLING AND CURSING AT MEDICAL STAFF. THE DEFENDANT REFUSED ALL MEDICAL TREATMENT AND STATED TO DOCTOR MOORE THAT SHE WANTED TO KILL HERSELF. THE DEFENDANT WAS THEN MEDICALLY CLEARED AND TRANSPORTED BACK TO THE DETENTION FACILITY WHERE SHE WAS BOOKED, PROCESSED AND HELD ON A BOND OF $500.00, IN ACCORDANCE WITH THE BOND SCHEDULE. UPON ARRIVAL AT THE DETENTION FACILITY, CCA STAFF WAS ADVISED OF THE THREATS TO HARM HERSELF MADE BY THE DEFENDANT. CCA STAFF WAS ADVISED TO CONTACT THIS AGENCY PRIOR TO RELEASING THE DEFENDANT SO HER MENTAL STATUS COULD BE EVALUATED AT THAT TIME. *NOT-EXEMPT* |
