| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR09111115) 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: THREATENED THE VICTIM WITH A PISTOL, 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 092309, MYSELF, DEPUTIES DERA AND CULBERTSON, ALONG WITH SERGEANT FISCHER, WERE DISPATCHED TO 917 STANFORD TERRACE IN INVERNESS IN REFERENCE TO AN ALTERCATION. WE WERE ADVISED THAT AT SOME POINT DURING THIS ALTERCATION, THE DEFENDANT POINTED A HANDGUN AT THE VICTIM. UPON ARRIVAL, WE MADE CONTACT WITH THE VICTIM AND A WITNESS ON SCENE, WHO ADVISED THAT THE VICTIM WAS WORKING FOR THE DEFENDANT BY PROVIDING CONTRACT SERVICES, SUCH AS HOME IMPROVEMENT TO THE DEFENDANT AT THE TIME OF THE INCIDENT. THE VICTIM ADVISED HE WAS ATTEMPTING TO LEAVE THE DEFENDANT'S RESIDENCE, AT WHICH POINT THE DEFENDANT GOT UPSET WITH HIM AND WHEN THE VICTIM RETURNED TO THE RESIDENCE TO PICK UP HIS TOOLS, THE DEFENDANT APPROACHED HIM WITH A HANDGUN AND THREATENED THE VICTIM, ADVISED HIM THAT HE COULD NOT HAVE HIS (THE VICTIM'S) TOOLS AND THAT DEFENDANT WOULD PUT A HOLE IN THE VICTIM'S HEAD. THE VICTIM ADVISED THAT THE DEFENDANT WAS POINTING A HANDGUN AT HIM, AT WHICH POINT HE PUSHED THE DEFENDANT'S HAND AWAY IN ATTEMPT TO DISCUSS THE PROBLEMS BETWEEN THE TWO. THE WITNESS IN THIS CASE CORROBORATED THE VICTIM'S ACCOUNT. THE WITNESS ADVISED WHEN HE SAW WHAT WAS GOING ON, HE IMMEDIATELY WALKED AWAY FROM THE RESIDENCE AND PROCEEDED TO WALK TO THE CORNER OF STANFORD TERRACE AND A CROSS-STREET TO CALL 9-1-1. THE VICTIM AND THE WITNESS ADVISED THE ENTIRE EVENT TOOK PLACE IN THE DRIVEWAY AREA NEAR THE GARAGE. THIS DEPUTY MADE CONTACT WITH THE DEFENDANT AND ADVISED HIM OF HIS MIRANDA WARNING VIA CARD, HE ADVISED HE UNDERSTOOD AND AGREED TO SPEAK WITH ME. THE DEFENDANT, WHO WAS IDENTIFIED THROUGH HIS FLORIDA DRIVERS LICENSE AS PHILIP A MATURO, ADVISED HE HAD CONTRACTED WITH THE VICTIM TO DO SOME REMODELING AND REPAIRS IN HIS RESIDENCE, HOWEVER, HE FELT THE VICTIM WAS TRYING TO CHEAT HIM, AND WHEN THE VICTIM ATTEMPTED TO LEAVE, HE WENT AND GOT HIS HANDGUN AND SIMPLY HELD IT OUT AWAY FROM HIS BODY AND TOLD THE VICTIM HE COULD NOT TAKE HIS TOOLS UNTIL THE JOB WAS COMPLETED. THE DEFENDANT ADVISED THAT THE GUN IN QUESTION WAS A .357 MAGNUM COLT PYTHON WITH A SIX-INCH BARREL. THE DEFENDANT SIGNED A "PERMISSION TO SEARCH" FORM AND GAVE THIS DEPUTY PERMISSION TO RETRIEVE THE FIREARM, WHICH WAS LOCATED IN THE BATHROOM CABINET IN THE MASTER BATHROOM. THE PISTOL WAS A NICKEL PLATED COLT REVOLVER WITH FIVE ROUNDS LOADED INSIDE. SWORN WRITTEN STATEMENTS WERE OBTAINED FROM THE VICTIM AND WITNESS. THE FIREARM WAS TAKEN INTO EVIDENCE. THE DEFENDANT WAS ARRESTED FOR AGGRAVATED ASSAULT ON THE VICTIM, WAS HANDCUFFED, DOUBLE-LOCKED, SEAT-BELTED IN THE REAR OF MY PATROL VEHICLE, AND WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. THE DEFENDANT WAS CLEARED BY EMERGENCY MEDICAL SERVICES (EMS) ON SCENE DUE TO OTHER HEALTH ISSUES AT THE TIME. ALL PARTIES WERE GIVEN AN AGENCY CASE CARDS BEARING THIS CASE NUMBER. *NOT-EXEMPT* |
