| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR10116791) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: RESIDENCE LOCATED AT 5119 NORTH REDWOOD AVENUE IN HERNANDO, FLORIDA IN CITRUS COUNTY, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: BATTERY, IN VIOLATION OF FLORIDA STATUTE 810.02(2)(A). 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: PUNCHED THE VICTIM IN THE FACE IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: KICKED THE FRONT DOOR DAMAGING THE DOOR AND DOOR JAM TO THE RESIDENCE, SAID DAMAGE BEING OF A VALUE OF$200.00 OR MORE LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATE STATUTE 806.13(1)(B)2. ON 082910 AT APPROXIMATELY 0330 HOURS, I RESPONDED TO 5119 NORTH REDWOOD AVENUE IN HERNANDO IN REFERENCE TO A BURGLARY THAT HAD JUST OCCURRED. ACCORDING TO VICTIM ONE AND VICTIM TWO, THE DEFENDANT BANGED ON THE FRONT DOOR WHILE THE VICTIM'S WERE SLEEPING IN BED. THE DEFENDANT THEN KICKED THE FRONT DOOR OPEN AND ENTERED THE RESIDENCE WITH HIS FRIEND, MR CODY URSO, WHO HAD NOT BEEN LOCATED AND BEGAN PUNCHING VICTIM ONE. VICTIM TWO, WHO WAS CURRENTLY THE GIRLFRIEND OF VICTIM ONE AND THE EX-GIRLFRIEND OF THE DEFENDANT, TRIED TO SEPARATE THEM. AT SOME POINT DURING THE FIGHT, THE DEFENDANT AND MR URSO LEFT THE RESIDENCE AND RAN TO THE DEFENDANT'S VEHICLE, WHICH HAD BEEN PARKED AT THE FRONT OF VICTIM ONE'S DRIVEWAY. THE DEFENDANT HAD LEFT HIS SANDALS IN THE RESIDENCE DURING THE FIGHT. NUMEROUS ATTEMPTS WERE MADE TO CONTACT THE DEFENDANT AT HIS RESIDENCE, BUT ACCORDING TO HIS FAMILY HE WAS NOT HOME AND THEY DID NOT KNOW WHEN HE WOULD RETURN. I WAS ABLE TO MAKE CONTACT WITH THE DEFENDANT VIA CELLULAR TELEPHONE BUT HE WOULD NOT AGREE TO MEET WITH THIS DEPUTY. THE DEFENDANT STATED, HE WOULD CALL ME BACK SOME OTHER TIME, BUT NEVER DID. I SENT AN AGENCY WIDE BOLO FOR THE DEFENDANT IN REFERENCE TO THE PROBABLE CAUSE DEVELOPED. ON 091110 AT APPROXIMATELY 2045 HOURS, I WAS CONTACTED BY DEPUTY MELHADO LETTING ME KNOW THAT HE HAD LOCATED THE DEFENDANT DURING A TRAFFIC STOP AND WAS TRANSPORTING HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR THIS DEPUTY. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I ADVISED THE DEFENDANT OF HIS MIRANDA WARNINGS VIA PRE-PRINTED CARD, AT WHICH TIME, HE REFUSED TO SPEAK WITH THIS DEPUTY WITHOUT AN ATTORNEY PRESENT. I DID NOT ASK THE DEFENDANT ANYMORE QUESTIONS AND THEN EXPLAINED HIS CHARGES. THE DEFENDANT STATED THAT HE UNDERSTOOD AND WAS RETURNED TO THE PROCESSING DEPUTY. THE DEFENDANT'S BOND WAS SET AT $26,000.00 TOTAL FOR ALL THREE CHARGES. "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* |
