| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR09111671) 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 WITH A CLOSED FIST, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 103109 AT APPROXIMATELY 1045 HOURS, I WAS AT 145 NORTH HORSE PRAIRIE ROAD IN REFERENCE TO CASE 09101176. I HAD ADVISED DEFENDANT ONE SEVERAL TIMES TO REMAIN ON HIS PROPERTY AND TO QUIT INITIATING VERBAL ARGUMENTS WITH THE VICTIM AND THE OTHER SUBJECTS THAT WERE PRESENT. ON MULTIPLE OCCASIONS, DEFENDANT ONE EXITED HIS DRIVEWAY AND INITIATED A VERBAL ALTERCATION IN THE ROADWAY WITH THE VICTIM AND THE OTHER SUBJECTS. DEFENDANT ONE WAS EVENTUALLY ESCORTED BACK TO HIS PROPERTY AND UPON THE ARRIVAL OF SCALLY'S TOWING, THIS DEPUTY, ALONG WITH DEFENDANT ONE, THE CO-DEFENDANT (MR NICHOLAS GENCO) AND THE OWNER OF VEHICLE THAT WAS STUCK ON DEFENDANT ONE'S PROPERTY, RESPONDED TO THE BACK AREA OF DEFENDANT ONE'S PROPERTY TO REMOVE THE VEHICLE. WHILE THIS DEPUTY WAS AT THE BACK OF DEFENDANT ONE'S PROPERTY, DEFENDANT ONE AND MR GENCO LEFT AND RETURNED TO THE FRONT OF THE RESIDENCE. A SHORT TIME LATER, I WAS INFORMED BY MULTIPLE WITNESSES THAT A PHYSICAL ALTERCATION WAS TAKING PLACE IN THE ROADWAY IN FRONT OF DEFENDANT ONE'S RESIDENCE. I IMMEDIATELY RESPONDED TO THE FRONT OF THE RESIDENCE, WHERE I OBSERVED AT LEAST EIGHT TO TEN SUBJECTS INVOLVED IN AN ALTERCATION. I SEPARATED ALL PARTIES, AT WHICH TIME I ASKED DEFENDANT ONE WHAT HAPPENED, DUE TO THE FACT HE HAD A BLOODY LIP. DEFENDANT ONE ADVISED HE WENT TO THE ROADWAY AND AGAIN ENGAGED IN A VERBAL ALTERCATION WITH THE VICTIM AND OTHER SUBJECTS, AT which TIME A PHYSICAL ALTERCATION ENSUED. I MADE CONTACT WITH MR GENCO, WHO ADVISED THAT DEFENDANT ONE WAS JUMPED BY THE OTHER SUBJECTS PRESENT. DEFENDANT ONE AND MR GENCO WERE BOTH GIVEN SWORN WRITTEN STATEMENTS TO FILL OUT, WHICH WILL BE TURNED INTO RECORDS. AT THAT TIME, I MADE CONTACT WITH THE VICTIM, WHO ADVISED DEFENDANT ONE HAD COME TO THE VEHICLE THAT HE WAS SITTING IN ACROSS FROM DEFENDANT ONE'S RESIDENCE AND STARTED THREATENING HIM WITH PHYSICAL VIOLENCE. THE VICTIM ADVISED DURING THE VERBAL ALTERCATION, THE DEFENDANT SHOVED HIM , PUSHING HIM BACK INTO THE VEHICLE, CAUSING HIM TO STRIKE THE BACK OF HIS HEAD ON THE VEHICLE. THE VICTIM ADVISED THAT HE STARTED TO SWING AT THE DEFENDANT TO DEFEND HIMSELF, AT WHICH TIME THE DEFENDANT GRABBED the VICTIM'S SHIRT, RIPPING IT FROM HIS PERSON. I DID OBSERVE THE VICTIM TO HAVE REDNESS THROUGHOUT HIS CHEST AND NECK AREA, ALONG WITH A SMALL BUMP ON THE BACK OF HIS HEAD. I MADE CONTACT WITH MULTIPLE WITNESSES WHO ADVISED THAT, ALONG WITH THE DEFENDANT STRIKING THE VICTIM, MR GENCO HAD ALSO ENGAGED IN THE PHYSICAL ALTERCATION AND HAD STRUCK THE VICTIM WITH A CLOSED FIST. THE VICTIM AND ALL WITNESSES FILLED OUT SWORN WRITTEN STATEMENTS WHICH WILL BE TURNED INTO RECORDS. THE VICTIM REQUESTED PROSECUTION. AT THAT TIME I ADVISED DEFENDANT ONE THAT HE WAS UNDER ARREST FOR BATTERY AND I AGAIN MADE CONTACT WITH MR GENCO, WHO ADVISED HE DID ATTEMPT TO BREAK UP THE FIGHT AND MIGHT HAVE STRUCK THE VICTIM IN THE PROCESS. MR GENCO WAS ALSO PLACED UNDER ARREST FOR BATTERY. BOTH THE DEFENDANT AND MR GENCO WERE TRANSPORTED WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE THEIR BONDS WERE BOTH SET AT $500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
