| Probable cause affidavit: |
SUBMITTED BY: WATTS, ROSCOE 1299 (AR14-11057) 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: BY PUSHING VICTIM TO THE GROUND AND PUNCHING HIM, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 070515 AT APPROXIMATELY 1114 HOURS, I WAS DISPATCH TO MR KINGS RESTAURANT, LOCATED AT 471 NE 1ST TERRACE, CRYSTAL RIVER, IN REFERENCE TO A PHYSICAL DISTURBANCE IN PROGRESS. UPON ARRIVAL AT 1117 HOURS, I MADE CONTACT WITH THE VICTIM, MR JIE LIN, WHO ADVISED THAT HE HAD BEEN "BEATEN UP" BY TWO OF HIS CO-WORKERS. MR LIN APPEARED TO HAVE DIFFICULTIES UNDERSTANDING/SPEAKING ENGLISH, SO I SPOKE WITH THE WITNESS, MR YUH-CHUNG WANG, HE ADVISED THAT HE WITNESSED THE ENTIRE ALTERCATION. HE STATED THAT THE DEFENDANTS LATER IDENTIFIED AS DEFENDANT ONE, MR ADRIAN GONZALEZ-PEREZ AND DEFENDANT TWO, MR REYES HERNANDEZ-LOPEZ, DID PUSH THE VICTIM TO THE GROUND AND "BEAT HIM WITH THEIR FISTS". HE FURTHER ADVISED THAT THE FIGHT STEMMED FROM A VERBAL ALTERCATION IN THE KITCHEN OF THE RESTAURANT. THE SUSPECTS HAD LEFT THE LOCATION AND RESPONDED TO THEIR RESIDENCE LOCATED 114 NE 4TH STREET, IN CRYSTAL RIVER. I OBSERVED THE VICTIM TO HAVE SWELLING AROUND HIS LEFT EYE WITH BLACK, BLUE AND RED DISCOLORATION. THE VICTIM ALSO HAD SEVERAL SCRATCHES ON HIS FACE. I THEN TOOK PHOTOGRAPHS OF THE VICTIM'S INJURIES, SEE CRIME SCENE TECHNICIAN REPORT. I RESPONDED TO THE ABOVE RESIDENCE AND MADE CONTACT WITH THE DEFENDANTS, THEY ADVISED THEY WERE IN A PHYSICAL ALTERCATION WITH THE VICTIM, WHICH STARTED AS A VERBAL ALTERCATION. THE DEFENDANTS WERE ADVISED THAT THEY WERE BEING PLACED UNDER ARREST FOR BATTERY, AT WHICH TIME THEY WERE BOTH HANDCUFFED (DOUBLE LOCKED) IN THE REAR. I THEN READ THE DEFENDANTS MIRANDA VIA PREPRINTED CARD AND THEY ADVISED THAT THEY UNDERSTOOD AND WOULD SPEAK TO ME FREELY. BOTH DEFENDANTS ADVISED THAT THEY WERE ILLEGAL IMMIGRANTS FROM MEXICO AND HAD BEEN IN THE UNITES STATES FOR A LONG PERIOD OF TIME. I THEN PATTED DOWN BOTH DEFENDANTS AND THEY WERE PLACED IN THE REAR OF MY PATROL VEHICLE. I TRANSPORTED THE DEFENDANTS TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON OUR ARRIVAL, I CONTACTED CITRUS COUNTY SHERIFF'S OFFICE TELETYPE OPERATOR, WHO RAN THE DEFENDANTS BY THEIR NAME AND DATES OF BIRTH IN "AEGIS" AND FCIC/NCIC, WHICH MET WITH NEGATIVE RESULTS. TELETYPE MADE CONTACT WITH THE LAW ENFORCEMENT SUPPORT CENTER, AT 802-872-6020, TO COMPLETE AN "IMMIGRATION ALIEN QUERY". I WAS LATER CONTACTED AT THE DUTY OFFICE BY BORDER PATROL AGENT, JASON WARDLOW (813-623-5011), WHO DID PUT A 48 HOUR IMMIGRATION DETAINER ON BOTH DEFENDANTS. THE PAPERWORK WAS FAXED TO DEPUTY REESE (0640) IN THE DUTY OFFICE. COPIES OF BOTH ORDERS WILL BE TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. DEFENDANT ONEâS (AR14-11056) BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. DEFENDANT TWOâS (AR14-11057) BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. |
