| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 684 (12-65717) THE DEFENDANT DID UNLAWFULLY COMMIT BATTERY UPON THE VICTIM WHO IS 65 YEARS OF AGE OR OLDER 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 FACE, IN VIOLATION OF FLORIDA STATE STATUTE 784.08(2)(C) ON 040712, I RESPONDED TO 7498 WEST TURKEYNECK COURT IN HOMOSASSA IN REFERENCE TO A BATTERY. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, SEVENTY-FOUR YEAR OLD MR GERALD DALEY, WHO WAS LEGALLY BLIND. THE VICTIM ADVISED WHILE HE WAS RIDING AS A PASSENGER IN HIS GOLF CART AND WHILE CROSSING THE STREET FROM A FRIENDâS RESIDENCE GOING TO HIS RESIDENCE, HE OBSERVED THE DEFENDANT, MR MICHAEL CARTY, AND HIS INFANT CHILD TO BE IN THE ROADWAY. THE VICTIM STATED THE GOLF CART WHICH HIS WIFE WAS DRIVING WAS NO WHERE NEAR THE CHILD, HOWEVER, THE DEFENDANT WALKED TOWARD HIM AND PUNCHED HIM IN THE FACE WITH A CLOSED FIST. THE VICTIM STATED HE THEN WENT HOME AND HAD HIS WIFE CALL 911. THE VICTIM DID NOT PROVIDE A WRITTEN STATEMENT DUE TO HIS LEGAL BLINDNESS. I OBSERVED THE VICTIM TO HAVE INJURIES TO THE TOP OF HIS NOSE AND TO BE BLEEDING WHICH WAS CONSISTENT WITH A PUNCH TO HIS FACE. THE VICTIM WAS WEARING HIS GLASSES WHICH BROKE WHEN HE WAS PUNCHED AND CAUSED THE INJURIES TO HIS FACE. I THEN MADE CONTACT WITH THE VICTIMâS WIFE/WITNESS, MS SHARON DALEY, WHO ADVISED SHE WAS DRIVING THEIR GOLF CART ACROSS THE ROADWAY WHEN SHE OBSERVED THE DEFENDANT AND HIS SON WALKING IN THE ROADWAY. MS DALEY ADVISED SHE OBSERVED THE DEFENDANT WALK TOWARD THEIR GOLF CART, THEN PUNCH HER HUSBAND/VICTIM IN THE FACE WITH HIS RIGHT HAND. MS DALEY STATED SHE THEN DROVE HER HUSBAND HOME AND CONTACTED THIS AGENCY. MS DALEY COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. I MADE CONTACT WITH WITNESS MR DAVID POPPE WHO ADVISED HE HAD BEEN IN HIS FRONT YARD WHEN HE OBSERVED THE DEFENDANT, THE DEFENDANTâS GIRLFRIEND AND THEIR CHILD IN THE ROADWAY. HE STATED HE HEARD THE VICTIMâS GOLF CART AND CONTINUED WATCHING THE STREET AS HE KNEW THE GOLF CART WOULD HAVE TO CROSS THE ROADWAY FOR THE VICTIM TO GET HOME. MR POPPE STATED THERE HAS BEEN AN ON-GOING FEUD BETWEEN THE VICTIM AND THE DEFENDANT AND HE WAS AFRAID THE DEFENDANT WAS GOING TO CAUSE A CONFRONTATION IN THE ROADWAY. MR POPPE STATED WHEN THE GOLF CART CROSSED IN TO THE ROADWAY, THE DEFENDANT RAN AT THE VICTIM AND STRUCK HIM IN THE FACE. MR POPPE STATED THE DEFENDANT THEN BEGAN YELLING AT THE VICTIM, STATING HE WOULD KILL HIM. MR POPPE COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. I MADE CONTACT WITH WITNESS MS LYNN GODDING WHO STATED SHE OBSERVED THE DEFENDANT, THE DEFENDANTâS GIRLFRIEND AND THEIR CHILD IN THE ROADWAY. SHE STATED SHE WAS INSIDE HER RESIDENCE, LOOKING OUT THE WINDOW, AS SHE HEARD THE VICTIMâS GOLF CART APPROACHING. SHE STATED SHE WAS AFRAID A CONFRONTATION WOULD OCCUR DUE TO ON-GOING NEIGHBORHOOD PROBLEMS. MS GODDING ADVISED SHE OBSERVED THE VICTIM AND HIS WIFE CROSS THE ROAD IN THEIR GOLF CART, IN FRONT OF THE DEFENDANT, THE DEFENDANTâS GIRLFRIEND AND their CHILD. SHE STATED SHE THEN OBSERVED THE DEFENDANT RUN AT THE VICTIM AND PUNCH HIM IN THE FACE. SHE ALSO STATED THAT THE GOLF CART WAS NOT CLOSE TO STRIKING THE DEFENDANT, HIS GIRLFRIEND OR THEIR CHILD. MS GODDING COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. I THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM WHAT HAD OCCURRED PRIOR TO MY ARRIVAL. THE DEFENDANT STATED THAT HIS GIRLFRIEND AND THEIR CHILD WERE WALKING IN THE ROADWAY WHEN A SPEEDING GOLF CART CROSSED INTO THE ROADWAY AND CAME INCHES FROM STRIKING HIS CHILD. HE STATED THE GOLF CART WAS BEING DRIVEN BY THE VICTIMâS WIFE. HE ADVISED HE RAN TO PICK UP THE BABY AND WHILE DOING SO, HE SPUN AROUND AND ACCIDENTALLY STRUCK THE VICTIM IN THE FACE WITH HIS SHOULDER. HE ADVISED THIS WAS UNINTENTIONAL, HOWEVER, THE VICTIM SHOULD NOT BE DRIVING A GOLF CART AROUND IN THE ROAD. THE DEFENDANT STATED THERE WERE ON-GOING PROBLEMS BETWEEN HIMSELF AND THE VICTIM. MS JENNIFER YERKS, THE DEFENDANTâS GIRLFRIEND, PROVIDED THE SAME RECOLLECTION OF EVENTS AS THE DEFENDANT HAD. SHE COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. I DID NOT FIND IT BELIEVABLE THAT THE DEFENDANT HAD CAUSED THE VICTIMâS INJURIES IN THE MANNER HE DESCRIBED. ALSO, THE WITNESSES ADVISED THAT THE DEFENDANT HAD INTENTIONALLY PUNCHED THE VICTIM WITH HIS FIST. DUE TO THE VICTIMâS AGE BEING 74 YEARS, I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR BATTERY ON A PERSON 65 YEARS OF AGE OR OLDER. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. PRIOR TO LEAVING THE SCENE, THE VICTIM AND HIS WIFE WERE ISSUED AN AGENCY CARD BEARING MY NAME AND THIS CASE NUMBER ALONG WITH A VICTIMâS RIGHTS PAMPHLET. THE VICTIM WAS ADVISED TO CONTACT THIS AGENCY WITH ANY FURTHER INFORMATION, QUESTIONS OR CONCERNS HE MIGHT HAVE. WHILE EN ROUTE TO THE DETENTION FACILITY, I ADVISED THE DEFENDANT THAT HE WAS NOT TO THREATEN OR DISCUSS THIS CASE WITH THE VICTIM AS THAT COULD POSSIBLY BE VIEWED AS TAMPERING WITH A WITNESS/VICTIM/INFORMANT. THE DEFENDANT REPLIED THAT HE COULD SAY ANYTHING HE WANTED IN HIS YARD AND HE BET THAT THE VICTIM WOULD NOT BE DRIVING HIS GOLF CART AROUND ANYTIME SOON. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS BOOKED AND HELD ON A BOND OF $2,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. |
