| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0267 (AR09111480) 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: A VEHICLE, 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). 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: THREW A PIPE CAP AT THE VICTIM INJURING HIS RIGHT LEG, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 101709, I WAS DISPATCHED TO THE VETERANS OF FOREIGN WARS (VFW) POST ON HIGHWAY 44 EAST IN REFERENCE TO A PHYSICAL ALTERCATION. UPON ARRIVAL, I OBSERVED THAT THE INCIDENT IN QUESTION WAS ACTUALLY OCCURRING IN THE PARKING LOT DIRECTLY WEST OF 1020 HIGHWAY 44 EAST. AS I PULLED INTO THE PARKING LOT, I OBSERVED TWO WHITE MALE SUBJECTS, WHO ARE CODEFENDANTS IN THIS CASE, FLAILING THEIR ARMS, SCREAMING, AND APPEARED TO BE ATTEMPTING TO PHYSICALLY FIGHT THREE OTHER SUBJECTS. JUST PRIOR TO PULLING ONTO THAT PARKING LOT AREA, THE DEFENDANT, MR NICHOLAS SMITH, CAME UP TO THE SIDE OF MY PATROL VEHICLE AND SAID THAT HIS FRIENDS HAD BEEN INVOLVED IN AN ALTERCATION AND POINTED ME TOWARD THE TWO CODEFENDANTS. AT THIS POINT, I LEFT HIS LOCATION AND PULLED UP TO THE ALTERCATION IN QUESTION. THIS DEPUTY OBSERVED A BASEBALL BAT IN ONE OF THE NON-AGGRESSIVE PARTY MEMBERS HANDS. THIS DEPUTY THEN HAD EVERYONE GET ON THE GROUND (FACE DOWN) FOR OFFICER SAFETY AND TO DETERMINE WHAT HAD OCCURRED. DURING THIS PROCESS, ONE OF THE DEFENDANTS, WHO WAS OBVIOUSLY HEAVILY INTOXICATED, CONTINUED TO REFUSE TO COOPERATE WITH THIS DEPUTY'S COMMANDS TO LIE DOWN ON THE GROUND. AT THAT TIME, ONE OF THE OTHER DEFENDANTS KEPT YELLING AT HIM TO SHUT UP AND DO WHAT HE WAS BEING TOLD TO BY THE "COPS", HOWEVER, HE CONTINUED TO REFUSE TO COMPLY, HOWEVER, DID EVENTUALLY COMPLY. UPON FURTHER INVESTIGATION AND CONTACT WITH VICTIM NUMBER TWO IN THIS CASE, WHO WAS THE OWNER OF THE RESIDENCE AT 1020 HIGHWAY 44 EAST, ADVISED THAT ALL THREE DEFENDANTS HAD RESPONDED TO HIS RESIDENCE IN REFERENCE TO A PARTY AND/OR GET TOGETHER WITH FRIENDS. HOWEVER, THE THREE DEFENDANTS STARTED SEVERAL PHYSICAL ALTERCATIONS AND WERE ASKED TO LEAVE BY ONE OF THE OTHER RESIDENTS INCLUDING VICTIM NUMBER TWO. THE THREE DEFENDANTS REFUSED TO LEAVE AND AT SOME POINT DEFENDANT NICHOLAS SMITH GOT INTO HIS 1997 JEEP CHEROKEE AND DID SPIN A "DONUT" ON THE VICTIM'S LAWN AS WELL AS RAN OVER A COLLAPSED OUTDOOR POOL. VICTIM TWO ADVISED AT ONE POINT THE DEFENDANT NICHOLAS SMITH ATTEMPTED TO HIT HIM WITH THE VEHICLE. AT WHICH POINT, VICTIM TWO ADVISED THAT HE STRUCK THE DEFENDANT'S VEHICLE WITH A BASEBALL BAT HE WAS CARRYING CAUSING DAMAGE TO THE WINDSHIELD AND A SIDE RIGHT WINDOW. NUMEROUS OTHER WITNESSES AT THE SCENE CORROBORATED VICTIM TWO'S ACCOUNT OF WHAT HAD OCCURRED. VICTIM TWO ALSO ADVISED THAT ONCE THE DEFENDANT AND THE TWO CODEFENDANTS LEFT HIS RESIDENCE THEY DROVE OVER AND PARKED IN THE VFW PARKING LOT. ALL THREE DEFENDANTS CAME BACK OVER ACROSS THE PARKING LOT IN AN ATTEMPT TO CONTINUE FIGHTING AND START ANOTHER PHYSICAL ALTERCATION. AT THIS POINT, VICTIM TWO ADVISED THAT DEFENDANT NICHOLAS SMITH PICKED UP A LARGE CIRCULAR PIPE CAP AND THREW IT AT VICTIM TWO STRIKING HIM ON THE LOWER RIGHT LEG. THIS DEPUTY OBSERVED A DEEP GASH/PUNCTURE WOUND ON THE VICTIM'S LOWER RIGHT LEG. AFTER DEFENDANT SMITH THREW THE PIPE CAP AT VICTIM TWO, HE THEN PROCEEDED TO RUN BACK ACROSS THE PARKING LOT TO THE VFW WHERE THIS DEPUTY ARRIVED SHORTLY AFTER. BASED ON THE WRITTEN WITNESS STATEMENTS AS WELL AS PHYSICAL EVIDENCE DOCUMENTED ON SCENE, THIS DEFENDANT, MR NICHOLAS SMITH, WAS ARRESTED, HANDCUFFED (DOUBLE LOCKED), AND WAS LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. *NOT-EXEMPT* |
