| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (11100663) 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: THE DEFENDANT DID SHOVE AND PUSH THE VICTIM IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 102011 I RESPONDED TO 16 SOUTH OSCEOLA STREET IN BEVERLY HILLS IN REFERENCE TO A PHYSICAL DISTURBANCE IN PROGRESS. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR YOEL CRUZ, WHO ADVISED THAT HE AND THE SUSPECT, MR PEDRO PASTRANA-TORRES, ARE ROOMMATES AND THAT MR PEDRO CAME INTO HIS ROOM WHILE HE WAS SLEEPING AND BEGAN YELLING AT HIM ABOUT THE ELECTRIC BILL. MR YOEL ADVISED THAT MR PEDRO JUMPED ON TOP OF HIM WHILE HE WAS STILL LYING IN HIS BED, BEGAN PUSHING AND SHOVING HIM AROUND ON THE BED. HE SAID AT THAT TIME HE WAS ABLE TO GET UP OUT OF HIS BED WHERE THE SUSPECT STATED "COME OUTSIDE IF YOU'RE MAN ENOUGH". HE SAID AT THAT TIME THEY BOTH WENT OUTSIDE WHERE MR PEDRO PUSHED HIM AND THEY BEGAN TO WRESTLE ON THE GROUND. THEN BOTH WITNESSES, MR YOEL'S MOTHER AND MR PEDRO'S GIRLFRIEND WENT OUTSIDE AND SEPARATED THEM. SHORTLY THEREAFTER DEPUTY LABORDA AND I ARRIVED ON SCENE. THE VICTIM MADE THE STATEMENT THAT HE DID WANT TO PROSECUTE MR PEDRO FOR SIMPLE BATTERY. HE WAS ASKED TO COMPLETE A SWORN WRITTEN STATEMENT THAT WILL BE TURNED IN TO RECORDS. I THEN SPOKE WITH THE WITNESS ONE/VICTIM'S MOTHER, MS MARIA GONZALEZ, WHO ADVISED IN SPANISH THAT THEY WERE ARGUING ABOUT THE ELECTRIC BILL AND THAT MR PEDRO HAD ENTERED HER SON'S ROOM AND BEGAN TO YELL AT HIM. SHE ADVISED THAT HE JUMPED ON HER SON AND THEY BOTH THEN WENT OUTSIDE AND BEGAN FIGHTING. I THEN HAD HER COMPLETE A SWORN WRITTEN STATEMENT IN SPANISH AS THAT IS THE ONLY LANGUAGE THAT SHE KNOWS WHICH WILL BE TURNED IN TO RECORDS. I THEN SPOKE WITH THE WITNESS TWO/SUSPECT'S GIRLFRIEND, MS ANGELA SHOOK, WHO ADVISED THAT MR PEDRO DID ENTER THE ROOM, BEGAN TO YELL AT THE VICTIM AND SHORTLY AFTER HE INVITED HIM TO GO OUTSIDE AND THEY BOTH WENT OUTSIDE AND BEGAN TO WRESTLE. SHE TOO WAS GIVEN A STATEMENT TO COMPLETE WHICH WAS COMPLETED AND WILL BE TURNED IN TO RECORDS. I THEN SPOKE WITH WITNESS THREE, MR JACOB MANIOUS, WHO ADVISED THAT HE IS A CO-WORKER WITH THE DEFENDANT, MR PEDRO. HE ADVISED HE HEARD MR PEDRO ARGUING WITH HIS ROOMMATE IN THE BEDROOM AND THEY WENT OUTSIDE WHERE THEY BEGAN TO FIGHT. AT THAT TIME ALL WITNESSES BEGAN TO BREAK UP THE FIGHT BETWEEN THE VICTIM AND SUSPECT. WITNESS THREE COMPLETED A STATEMENT WHICH WILL ALSO BE TURNED IN TO RECORDS. I THEN SPOKE WITH THE SUSPECT, MR PEDRO, AND QUESTIONED HIM AS TO WHAT HAD HAPPENED. HE ADVISED HE WAS TOLD BY THE VICTIM THAT HE COULD NOT MOVE OUT OF THE RESIDENCE UNTIL HE PAID THE ELECTRIC BILL AND THE REST OF THE RENT. HE ADVISED AT THAT TIME WORDS WERE EXCHANGED IN THE BEDROOM AND HE BEGAN TO YELL AT THE VICTIM, BUT THE FIGHT DID NOT START UNTIL HE ASKED THE VICTIM TO GO OUTSIDE AND SETTLE THIS LIKE MEN. THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD NOT. THE QUESTIONING STOPPED AT THAT TIME AND THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
