Probable cause affidavit: |
SUBMITTED BY: NORTON, NICHOLAS 0758 (AR15-14402) (15-40863) 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: PULLED THE VICTIM'S HAIR AND THREW HER TO THE GROUND, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 032915 AT APPROXIMATELY 0131 HOURS, I RESPONDED TO A DISTURBANCE IN PROGRESS AT LIQUID LAGOON, LOCATED AT 2035 SOUTHEAST HIGHWAY 19 IN CRYSTAL RIVER. UPON MY ARRIVAL, I OBSERVED DEFENDANT TWO, MS PRECIOUS FLORES, BEING PHYSICALLY RESTRAINED BY LIQUID LAGOON STAFF AT HER VEHICLE IN THE PARKING LOT. I APPROACHED HER AND ATTEMPTED TO CALM HER DOWN; HOWEVER, SHE REPEATEDLY TRIED TO GET AROUND ME. THE ENTIRE TIME I ATTEMPTED TO CALM HER DOWN, SHE WAS SCREAMING IN THE DIRECTION OF THE VICTIM THAT SHE WAS GOING TO "BEAT HER ASS". AT THAT TIME, I PLACED DEFENDANT TWO IN CUSTODY AND PUT HER IN THE BACK OF MY PATROL VEHICLE. DEPUTY PANETTI (1304) THEN ARRIVED ON SCENE AND STOOD BY WITH DEFENDANT ONE, MS MIRIAM TORRES, WHILE I SPOKE WITH THE VICTIM AND WITNESSES. I SPOKE WITH THE VICTIM, MS AMBER JANES, WHO STATED SHE WAS IN THE BAR TRYING TO TAKE A PHOTOGRAPH WHEN DEFENDANT ONE BUMPED INTO HER . DEFENDANT ONE STARTED A VERBAL ARGUMENT ABOUT AN INCIDENT THAT OCCURRED LAST MONTH BETWEEN THE TWO. AT THAT TIME, DEFENDANT ONE ESCALATED THE SITUATION TO PHYSICAL AND PUSHED THE VICTIM. SHE STATED DEFENDANT ONE SCRATCHED HER LEFT ARM AND HIT HER IN THE BACK OF HER HEAD. AT THAT TIME, SECURITY REMOVED DEFENDANT ONE FROM THE BUILDING. THE VICTIM STATED SHE WENT BACK TO CONVERSING WITH HER FRIENDS WHEN DEFENDANT TWO GRABBED HER BY THE HAIR AND SHOVED HER TO THE GROUND. SECURITY AGAIN BROKE UP THE FIGHT, WHICH WAS WHEN SHE NOTIFIED LAW ENFORCEMENT. SHE FILLED OUT A SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED INTO RECORDS. I THEN SPOKE WITH WITNESS ONE, MR CHRISTOPHER JANES, THE VICTIM'S HUSBAND, WHO STATED THEY WERE TRYING TO TAKE A PHOTOGRAPH WHEN DEFENDANT ONE CAME UP AND STARTED AN ARGUMENT WITH HIS WIFE AND THEN HIT HER. HE THEN STATED DEFENDANT TWO JOINED IN, GRABBING HER HAIR AND PULLED HER TO THE GROUND. HE PROVIDED A SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED INTO RECORDS. I THEN SPOKE WITH WITNESS TWO, MS AMBER CASTELL, WHO STATED SHE WAS TRYING TO TAKE A PHOTOGRAPH WITH THE VICTIM WHEN DEFENDANT ONE BUMPED IN TO HER. SHE STATED DEFENDANT ONE THEN HIT THE VICTIM. SHE STATED SHE TRIED TO GET IN THE MIDDLE OF THE ARGUMENT, WHICH WAS WHEN DEFENDANT TWO CAME UP BEHIND THE VICTIM, GRABBED HER HAIR AND STARTED PUNCHING HER. SHE STATED DURING THE SCUFFLE SHE WAS HIT BUT WAS UNSURE BY WHO. AT THAT TIME, SECURITY SEPARATED ALL PARTIES. SHE PROVIDED A SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED INTO RECORDS. I THEN SPOKE WITH MR GEORGE LOZITO, WHO IS AN INDEPENDENT PARTY. HE STATED HE WAS ON STAGE WITH THE PERFORMERS AND WHEN HE TURNED AROUND HE SAW DEFENDANT TWO ATTACK THE VICTIM BY GRABBING HER HAIR AND SLINGING HER TO THE GROUND. HE THEN ASSISTED IN BREAKING UP THE FIGHT. HE FILLED OUT A SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED INTO RECORDS. I SPOKE WITH MULTIPLE BOUNCERS AND STAFF AT LIQUID LAGOON, WHO ALL STATED THAT DEFENDANTS ONE AND TWO STARTED A FIGHT AND WERE REMOVED FROM THE BAR. HOWEVER, THEY DID NOT WISH TO FILL OUT WRITTEN STATEMENTS. ONE BOUNCER STATED WHILE IN THE PARKING LOT PRIOR TO MY ARRIVAL, HE WAS STRUCK BY DEFENDANT TWO BUT DID NOT WISH TO PRESS CHARGES. THEY REQUESTED BOTH DEFENDANTS TO BE TRESPASSED FROM LIQUID LAGOON, WHICH I COMPLETED. I THEN SPOKE WITH DEFENDANT ONE WHO STATED SHE DID NOT START THE FIGHT AND THAT SHE WAS THE ONLY ONE BLEEDING, THEREFORE THE VICTIM SHOULD BE ARRESTED INSTEAD OF HER. SHE REFUSED TO SAY ANYTHING FURTHER. I SPOKE WITH DEFENDANT TWO, WHO STATED THAT SHE DID NOT SEE THE START OF THE FIGHT, ONLY THAT HER COUSIN, WHO IS DEFENDANT ONE, WAS IN AN ALTERCATION SO SHE ATTACKED THE VICTIM BY PULLING HER HAIR. ALL PARTIED THAT WERE WITH THE DEFENDANTS REFUSED TO PROVIDE ME WITH ANY STATEMENTS. THE VICTIM HAD SMALL SCRATCH MARKS ON HER LEFT ARM WHEN I ARRIVED; HOWEVER, THEY HAD FADED BEFORE THEY COULD BE PHOTOGRAPHED. SHE STATED THAT THE BACK OF HER HEAD HURT FROM HITTING THE GROUND; HOWEVER, SHE REFUSED EMERGENCY MEDICAL SERVICES. DEFENDANT TWO WAS NOT INJURED. DEFENDANT ONE HAD SMALL SCRAPES ON HER WRIST SUSTAINED DURING THE SCUFFLE; HOWEVER, SHE REFUSED EMERGENCY MEDICAL SERVICES. AT THAT TIME, DEFENDANT ONE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK. I TRANSPORTED BOTH DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANTS WERE TALKING WITH EACH OTHER. THEY CONTINUED TO STATE HOW THEY WERE GOING TO HARM THE VICTIM IN THE FUTURE. BOTH DEFENDANTS APPEARED INTOXICATED THE VICTIM WAS GIVEN A CASE CARD BEARING THIS CASE NUMBER. BOTH DEFENDANTS WERE CHARGED WITH ONE COUNTY OF BATTERY WHERE THEIR BONDS WERE SET AT $1,000.00 EACH. |