| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR10117229) CUTLIP, JOSHUA 0721 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: STRUCK THE VICTIM IN THE HEAD, IN VIOLATION OF FLORIDA'S STATE STATUTE 784.03(1)(A)(1). ON 100410 AT APPROXIMATELY 1630 HOURS, I RESPONDED TO 16 SOUTH OSCEOLA STREET IN BEVERLY HILLS, IN REFERENCE TO A BATTERY THAT HAD JUST OCCURRED. WHEN I ARRIVED, I SPOKE WITH THE VICTIM, WHO STATED THAT HE RETURNED TO HIS RESIDENCE WHICH HE HAD VOLUNTARILY MOVED OUT OF ON 093010 TO RETRIEVE THE REST OF HIS BELONGINGS. HE ARRIVED, KNOCKED ON THE FRONT DOOR WHICH WAS OPEN. THE OWNER OF THE HOUSE/DEFENDANT, MR PIETRO BONO, APPROACHED THE VICTIM AND BEGAN SPEAKING TO HIM ABOUT THE UNPAID RENT AND DAMAGED WINDOW BLINDS. ACCORDING TO THE VICTIM, HE WAS TRYING TO MAKE ARRANGEMENTS WITH THE DEFENDANT TO PAY FOR THE DAMAGE WHEN THE DEFENDANT GRABBED HIM BY THE SHIRT. THE VICTIM SAID HE PUSHED THE DEFENDANT'S HAND OFF OF HIM. AT THAT TIME THE DEFENDANT SLAPPED HIM ACROSS THE LEFT SIDE OF HIS HEAD. THE VICTIM BEGAN WALKING AWAY AND THEN THE DEFENDANT TRIED KICKING HIM, BUT THE DEFENDANT MISSED. AT THAT TIME, THE VICTIM YELLED AT HIS GIRLFRIEND, WHO WAS WAITING IN THE VEHICLE, TO CALL THE SHERIFF'S OFFICE. THE VICTIM SAID THAT HE DID NOT WANT TO HIT THE DEFENDANT BECAUSE HE WAS AFRAID OF BEING CHARGED FOR HITTING AN ELDERLY PERSON. THE VICTIM'S EAR APPEARED TO BE VERY IRRITATED AND RED. I THEN SPOKE WITH WITNESS ONE WHO IS THE VICTIM'S GIRLFRIEND. SHE SAID SHE DID NOT SEE THE DEFENDANT HIT THE VICTIM BECAUSE HER BACK WAS TURNED TOWARDS THEM. SHE SAID SHE HEARD THE VICTIM YELLING AND TURNED AROUND. SHE SAID SHE THEN NOTICED THE DEFENDANT TRY TO KICK THE VICTIM BUT MISSED. I THEN SPOKE WITH WITNESS TWO WHO WAS ALSO ON SCENE WHEN THE INCIDENT OCCURRED. SHE SAID THAT SHE WAS LOOKING THROUGH THE FRONT WINDOW OF THE RESIDENCE WHEN SHE SAW THE DEFENDANT SLAP THE VICTIM ON THE HEAD. SHE SAID SHE THEN SAW THE DEFENDANT TRY TO KICK THE VICTIM BUT MISSED HIM. I THEN SPOKE WITH THE DEFENDANT WHO SAID HE ARGUED WITH THE VICTIM BUT NOTHING ELSE HAPPENED. HE TOLD ME HOW THE VICTIM OWED HIM MONEY FOR THE RENT AND HOW THE WINDOW BLINDS WERE DAMAGED. AFTER I RECEIVED STATEMENT FORMS FROM THE VICTIM AND WITNESSES, I APPROACHED THE DEFENDANT AGAIN AND EXPLAINED THAT HE WAS GOING TO HAVE TO BE ARRESTED. HE IMMEDIATELY SAID THE VICTIM AGGRESSIVELY APPROACHED HIM, ARGUED WITH HIM AND THEN BEGAN SMACKING AND KICKING HIM. I ASKED HIM WHY HE DID NOT TELL ME THIS WHEN I FIRST SPOKE TO HIM. THE DEFENDANT SAID, DO WHATEVER I WANTED. I ARRESTED THE DEFENDANT, HANDCUFFED, IN THE FRONT AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING WHERE HE WAS ROR'D (RELEASED ON HIS OWN RECOGNIZANCE). THE STATEMENT FORMS WERE LATER TURNED IN TO RECORDS. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
