| Probable cause affidavit: |
SUBMITTED BY: HESSE, NICHOLAS 0689 (AR13-6884) 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: BY POINTING A FIREARM AT THE VICTIM AND STATED THAT HE WAS GOING TO KILL HIM, 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). ON 081413 AT APPROXIMATELY 1703 HOURS, I WAS DISPATCHED TO 1725 EAST SHERIDAN LANE IN HERNANDO IN REFERENCE TO AN AGGRAVATED ASSAULT. UPON MY ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR RUSSELL SCHLENKER, WHO ADVISED THAT HE WAS INVOLVED IN A PHYSICAL DISTURBANCE WITH THE DEFENDANT, MR PETER RIEMER, WHEN THE DEFENDANT BRANDISHED A FIREARM AND THREATENED TO KILL HIM. THE VICTIM EXPLAINED THAT HE AND THE DEFENDANT USED TO BE FRIENDS; HOWEVER, THE DEFENDANT BLAMES THE VICTIM FOR A FAILED RELATIONSHIP. THE DEFENDANT ALSO BELIEVED THAT THE VICTIM AND HIS EX-GIRLFRIEND HAD BEEN CARRYING ON AN AFFAIR. THE VICTIM ALLEGED THAT THE DEFENDANT CAME TO HIS PROPERTY HOLDING A WHITE T-SHIRT AND A SIX PACK OF BUDWEISER BEER AND REQUESTED TO SIT AND STRAIGHTEN SOME THINGS OUT. DURING THIS CONVERSATION THE DEFENDANT ASKED THE VICTIM A SERIES OF QUESTIONS AND BECAME QUITE UNHAPPY WITH THE VICTIMâS RESPONSES. AT ONE POINT THE VICTIM ALLEGES THAT THE DEFENDANT STATED THAT HE HAD A WAY TO DEMAND THE TRUTH FROM THE VICTIM. SHORTLY AFTER MAKING THAT STATEMENT, THE DEFENDANT BRANDISHED A SMALL CALIBER PISTOL, POINTED IT AT THE VICTIM AND STATED THAT HE WAS GOING TO KILL HIM AND COMMIT SUICIDE. THE VICTIM STATED THAT THE DEFENDANT HELD THE FIREARM SO CLOSE TO HIS FACE THAT HE KNEW IT WAS A SMALL CALIBER FIREARM, DUE TO THE SIZE AND BORE OF THE BARREL. THE VICTIM DESCRIBED THE PISTOL AS A SMALL CALIBER PISTOL WITH A HAMMER WITH A DULL SILVER FINISH, POSSIBLY NICKEL. THE VICTIM EXPLAINED THAT HE GRABBED THE FIREARM, PUSHED THE DEFENDANT OVER BACKWARDS IN HIS CHAIR AND TOOK THE FIREARM FROM THE DEFENDANT AND RAN FROM THE PORCH TO THE BACK YARD. THE VICTIM FURTHER STATED THAT THE DEFENDANT CHASED HIM INTO THE BACK YARD ATTEMPTING TO STRIKE HIM, WHICH PROMPTED THE VICTIM TO POINT THE DEFENDANTâS FIREARM BACK AT HIM AND DEMAND THAT HE LEAVE THE PROPERTY. THE DEFENDANT DID NOT COMPLY AND CONTINUED TO SWING AT THE VICTIM AND THE VICTIM IN TURN TRIED TO FIRE A WARNING SHOT INTO THE AIR AND STATED THAT THE FIREARM DID NOT GO OFF. AFTER THE PISTOL DID NOT FIRE, THE VICTIM PUT THE PISTOL IN HIS LEFT HAND AND STRUCK THE DEFENDANT IN THE FACE WITH A CLOSED FIST. THE VICTIM THEN THREW THE FIREARM IN AN ADJACENT WOODED LOT AT WHICH TIME, THE DEFENDANT WENT INTO THE WOODED AREA AND ATTEMPTED TO LOCATE THE FIREARM. AFTER SEARCHING FOR A BRIEF PERIOD OF TIME, THE DEFENDANT LEFT THE SCENE IN A BLACK FORD PICKUP AND I ARRIVED SHORTLY AFTER. DURING MY CONVERSATION WITH THE VICTIM, HE PROVIDED COMPLETE, CONSISTENT, AND DETAILED INFORMATION REGARDING THIS INCIDENT AND PROVIDED ME WITH A SWORN WRITTEN STATEMENT. THE VICTIM APPEARED SINCERE AND ALSO ADVISED THAT HE WAS IN FEAR FOR HIS LIFE DURING THE ALTERCATION. I THEN PROVIDED HIM WITH AN AGENCY CASE CARD BEARING THIS CASE NUMBER AND MY INFORMATION. I THEN RESPONDED TO 3053 NORTH CARL G ROSE HIGHWAY TO MAKE CONTACT WITH THE DEFENDANT. UPON MY ARRIVAL AT THAT LOCATION, I SPOKE WITH THE DEFENDANT WHO WAS VISIBLY INTOXICATED AND HAD A SMALL LACERATION OVER HIS LEFT EYE. THE DEFENDANT LARGELY CORROBORATED THE VICTIMâS ACCOUNT OF THE INCIDENT; HOWEVER, HE STATED HE WAS ATTACKED BY THE VICTIM AND THAT NO FIREARM WAS INVOLVED. HE EXPLAINED THAT HE WAS STRUCK IN THE FACE BY THE VICTIM WHILE ON THE PORCH AND WHEN THE VICTIM RAN INTO THE BACK YARD HE CHASED HIM FOR UNKNOWN REASONS. THE DEFENDANT ALSO STATED THAT AFTER THE VICTIM THREW AN OBJECT INTO THE WOODED AREA THAT HE WENT TO LOOK FOR IT, BUT FOUND NO OBJECT AND LEFT SHORTLY AFTER. THE DEFENDANT ACKNOWLEDGED THAT HE DOES OWN A SMALL CALIBER SILVER HANDGUN; HOWEVER, HE WAS UNABLE TO DESCRIBE IT AND REFERRED TO IT BOTH AS A REVOLVER AND SEMI-AUTOMATIC. THE DEFENDANT ALLOWED DEPUTY NEAL TO LOOK THROUGH HIS PICKUP TRUCK AND BUSINESS; HOWEVER, WE WERE UNABLE TO LOCATE A FIREARM. THE DEFENDANT STATED THAT THE SMALL CALIBER PISTOL WAS IN THE POSSESSION OF HIS EX-GIRLFRIEND, WHOM HE IS NOT IN CONTACT WITH. DURING MY CONVERSATION WITH HIM, HE PROVIDED VAGUE IRRELEVANT INFORMATION AND INCONSISTENT DETAILS ABOUT THE INCIDENT. WHILE ON SCENE WITH THE DEFENDANT, I ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST FOR AGGRAVATED ASSAULT WITH FIREARM AND SECURED HIM IN HANDCUFFS BEHIND HIS BACK. AT THE REQUEST OF THE DEFENDANT DEPUTY NEAL AND I LOCKED HIS PLACE OF BUSINESS AND HIS TRUCK. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND SET AT $7,000.00 PER THE BOND SCHEDULE. |
