| Probable cause affidavit: |
SUBMITTED BY: WEST, JAMES 1286 (AR16-18596)(16-33032) 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: BRANDISHED A BLACK KNIFE 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). 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 MR CHRISTOPHER MCKINNEY WITH HANDS AND FEET IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). 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 MR GREGORY TANNER WITH HANDS AND FEET IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). 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 MR MATTHEW MCKINNEY WITH HANDS AND FEET IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 031016 AT APPROXIMATELY 2113 HOURS, I WAS DISPATCHED TO 1303 SOUTHEAST KINGS BAY DRIVE IN CRYSTAL RIVER, IN REFERENCE TO A PHYSICAL DISTURBANCE. WHILE EN ROUTE TO THE CALL I WAS ADVISED BY DISPATCH THAT A FIREARM WAS INVOLVED AND HAD BEEN DISCHARGED. UPON ARRIVAL ON SCENE, I OBSERVED SEVERAL PEOPLE STANDING AROUND, AND A MALE TO BE ON THE GROUND BEING HELD DOWN BY TWO OTHER MALES IN THE DRIVEWAY OF 1215 SOUTHEAST KINGS BAY DRIVE. I EXITED MY PATROL VEHICLE AND OBSERVED A FEMALE, LATER IDENTIFIED AS MS JULIE KELLEY, HOLDING A SILVER AND BLACK PISTOL POINTED AT THE GROUND, AWAY FROM EVERYONE. I TOLD MS KELLEY TO PUT THE FIREARM ON THE GROUND AND STEP AWAY FROM IT. I APPROACHED THE THREE MEN ON THE GROUND, LATER IDENTIFIED AS VICTIM MR MATTHEW MCKINNEY, DEFENDANT MR RICHARD POWELL AMICK, AND VICTIM MR LEE KELLEY. DEFENDANT MR RICHARD KEMPER AMICK, VICTIM MR CHRISTOPHER MCKINNEY, WITNESS MS MARGORIE MCKINNEY, AND VICTIM MR GREGORY TANNER WERE ALL STANDING AROUND THE THREE MEN ON THE GROUND. MR RICHARD POWELL AMICK WAS LYING ON THE GROUND, FACE DOWN, WITH MR MATTHEW MCKINNEY HOLDING HIM AROUND THE NECK AND MR KELLEY HOLDING ONTO HIS LEGS. I ORDERED EVERYONE TO STEP BACK, AND INSTRUCTED MR MATTHEW MCKINNEY AND MR KELLEY TO RELEASE MR RICHARD POWELL AMICK. I OBSERVED A SMALL BLACK KNIFE WITH A PARACHUTE CORD AROUND THE HANDLE TO BE LYING ON THE GROUND IN THE MIDDLE OF THE ROADWAY, JUST SOUTH OF WHERE EVERYBODY WAS STANDING. AS BACKUP ARRIVED I BEGAN TO SPEAK WITH ALL PARTIES INVOLVED. FIRST I SPOKE WITH MR KELLEY IN REFERENCE TO WHICH THE EVENTS THAT OCCURRED. MR KELLEY ADVISED HE AND HIS FRIENDS WERE SITTING ON THE BACK PORCH OF 1303 SOUTHEAST KINGS BAY DRIVE WHEN THEY HEARD A WOMAN SCREAMING IN THE FRONT YARD. MR KELLEY STATED THE GROUP WENT OUT FRONT TO INVESTIGATE, WHERE HE SAW A FEMALE, LATER IDENTIFIED AS MS MINDY HUGHES, LYING IN THE DRIVEWAY AND DEFENDANT MR RICHARD KEMPER AMICK WALKING AWAY. MR KELLEY STATED THEY ASKED MS HUGHES WHAT HAPPENED, TO WHICH SHE REPLIED MR RICHARD KEMPER AMICK PUNCHED HER IN THE HEAD. MR KELLEY STATED THEY ATTEMPTED TO ASK MR RICHARD KEMPER AMICK WHAT HAD HAPPENED, TO WHICH HE RESPONDED THAT SHE WAS LYING. ACCORDING TO MR KELLEY, MR RICHARD KEMPER AMICK BEGAN TO "INTRODUCE" HIMSELF TO MR CHRISTOPHER MCKINNEY. WHILE THIS WAS HAPPENING MS HUGHES LEFT THE AREA, TRAVELING NORTH. AS MR RICHARD KEMPER AMICK SPOKE WITH MR CHRISTOPHER MCKINNEY HE STRUCK MR CHRISTOPHER MCKINNEY IN THE FACE AND TURNED AND BEGAN TO WALK AWAY. MR KELLEY STATED HE FOLLOWED MR RICHARD KEMPER AMICK WHILE SOMEONE ELSE IN THE GROUP BEGAN TO CALL 9-1-1. MR KELLEY STATED HE FOLLOWED MR RICHARD KEMPER AMICK SO HE COULD DIRECT THE POLICE TO THE GENERAL AREA TO WHERE HE WAS WALKING TO. MR KELLEY STATED THAT AS THE GROUP FOLLOWED MR RICHARD KEMPER AMICK, MR RICHARD POWELL AMICK CAME UP ON A BICYCLE AND RAN DOWN THE ROAD AND BEGAN PUNCHING MR KELLEY IN THE FACE AND NOSE AREA. I OBSERVED MR KELLEY TO HAVE A BLOODY NOSE. MR KELLEY STATED AFTER MR RICHARD POWELL AMICK STOPPED COMING AT HIM HE TURNED AND WENT AFTER MR CHRISTOPHER MCKINNEY, KNOCKING HIM DOWN AND KICKING HIM IN THE HEAD, KNOCKING HIM UNCONSCIOUS. MR KELLEY STATED AS THIS WAS HAPPENING MR RICHARD KEMPER AMICK GOT OUT A KNIFE AND "BEGAN TO GO AFTER PEOPLE." MR KELLEY STATED UPON SEEING THE KNIFE HE ASKED HIS WIFE, MS KELLEY, FOR HER FIREARM WHICH SHE KEPT IN HER PURSE, LATER IDENTIFIED AS A TAURUS PT7 .40 CALIBER, SERIAL NUMBER SDT15030. WHEN MR KELLEY GOT THE FIREARM HE DISCHARGED A SINGLE ROUND INTO THE GROUND AND TOLD MR RICHARD KEMPER AMICK AND MR RICHARD POWELL AMICK TO "BACK OFF." HE HANDED THE FIREARM BACK TO MS KELLEY, AT WHICH POINT HE AND MR MATTHEW MCKINNEY SUBDUED MR RICHARD POWELL AMICK ON THE GROUND UNTIL POLICE ARRIVED. MR KELLEY PROVIDED A SWORN WRITTEN STATEMENT TO THESE EVENTS. MR KELLEY DENIED MEDICAL TREATMENT FOR HIS INJURIES. I NEXT SPOKE WITH MR RICHARD KEMPER AMICK IN REGARDS TO THE EVENTS WHICH TOOK PLACE. AS I BEGAN TO SPEAK WITH MR RICHARD KEMPER AMICK, MR RICHARD POWELL AMICK WAS STILL ON THE GROUND, CONTINUOUSLY YELLING. I INSTRUCTED MR RICHARD POWELL AMICK TO STOP YELLING AND I WOULD SPEAK WITH HIM SOON TO GET HIS SIDE. MR RICHARD POWELL AMICK CONTINUED TO YELL, AT WHICH POINT I STOOD HIM UP PLACED HIM IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED AND SECURED HIM IN THE REAR OF MY PATROL VEHICLE. I RETURNED TO MR RICHARD KEMPER AMICK AND ASKED HIM TO TELL ME WHAT HAPPENED. MR RICHARD KEMPER AMICK STATED HE WAS WALKING BACK FROM THE ALE HOUSE, AS HE WALKED PAST 1303 SOUTHEAST KINGS BAY DRIVE MR CHRISTOPHER MCKINNEY CAME OUT OF THE RESIDENCE AND APPROACHED HIM IN AN AGGRESSIVE MANNER. MR RICHARD KEMPER AMICK STATED THAT MR CHRISTOPHER MCKINNEY BEGAN TO YELL AT HIM AND "GOT IN HIS FACE." I ASKED MR RICHARD KEMPER AMICK WHY MR CHRISTOPHER MCKINNEY DID THAT, TO WHICH HE RESPONDED HE DID NOT KNOW AND I NEEDED TO ASK HIM. I ASKED MR RICHARD KEMPER AMICK WHAT HE DID WHEN MR CHRISTOPHER MCKINNEY GOT IN HIS FACE, TO WHICH HE REPLIED HE BACKED UP. I ASKED MR RICHARD KEMPER AMICK WHAT HAPPENED NEXT BUT HE WOULD NOT ELABORATE ON ANY FURTHER DETAILS REGARDING THE INCIDENT AND ONLY THAT MR CHRISTOPHER MCKINNEY CAME OUT AND GOT IN HIS FACE. MR RICHARD KEMPER AMICK'S SPEECH WAS SLURRED AS HE SPOKE TO ME AND HIS CLOTHES WERE SOAKING WET. JUST PRIOR TO THIS CALL MYSELF AND OTHER DEPUTIES HAD RESPONDED TO THE ALE HOUSE LOCATED AT 1610 SOUTHEAST PARADISE CIRCLE IN REFERENCE TO A BAR FIGHT. THREE INDIVIDUALS MATCHING THE DESCRIPTION OF THE DEFENDANTS' AND MS HUGHES WERE ALLEGEDLY INVOLVED. I ASKED MR RICHARD KEMPER AMICK IF HE WAS JUST IN A FIGHT AT THE ALE HOUSE, TO WHICH HE REPLIED HE WAS. I ASKED MR RICHARD KEMPER AMICK IF HE WAS WILLING TO FILL OUT A SWORN WRITTEN STATEMENT TO WHICH THE EVENTS THAT OCCURRED, TO WHICH HE ADVISED HE WOULD NOT. NEXT I SPOKE WITH MR TANNER. MR TANNER ADVISED A SIMILAR STORY TO MR KELLEY. MR TANNER STATED HE HEARD A COMMOTION OUT FRONT OF THE RESIDENCE, WHEN THEY WENT TO SEE WHAT WAS HAPPENING HE OBSERVED MS HUGHES ON THE GROUND WITH MR RICHARD KEMPER AMICK WALKING AWAY. MR TANNER STATED MS HUGHES ADVISED SHE WAS JUST HIT BY MR RICHARD KEMPER AMICK AND MR RICHARD KEMPER AMICK ADVISED HE DID NOT HIT HER. AFTER THAT MR RICHARD KEMPER AMICK BEGAN TALKING TO MR CHRISTOPHER MCKINNEY, INTRODUCING HIMSELF AS SOMEONE WHO LIVED DOWN THE STREET. ACCORDING TO MR TANNER MR RICHARD KEMPER AMICK THEN STRUCK MR CHRISTOPHER MCKINNEY IN THE HEAD AND BEGAN TO WALK AWAY. AS HE WALKED AWAY HE BEGAN YELLING AT THE GROUP CALLING THEM "FAGS" AND "HOMOS." THE GROUP FOLLOWED MR RICHARD KEMPER AMICK TO SEE WHERE HE HAD LIVED WHEN MR RICHARD POWELL AMICK ARRIVED ON SCENE AND BEGAN TO ATTACK MR KELLEY, PUNCHING AND KICKING HIM. MR TANNER STATED THE GROUP THEN BEGAN TO WALK BACK TOWARDS THE RESIDENCE WHEN MR RICHARD POWELL AMICK TURNED AND ATTACKED MR CHRISTOPHER MCKINNEY. MR TANNER STATED WHILE THIS HAPPENED MR RICHARD KEMPER AMICK BEGAN TO YELL AT HIM, AND AT ONE POINT KICKED HIM. MR TANNER STATED HE OBSERVED MR RICHARD POWELL AMICK KICK MR CHRISTOPHER MCKINNEY IN THE HEAD WHICH CAUSED MR CHRISTOPHER MCKINNEY'S HEAD TO "BOUNCE" OFF THE PAVEMENT. ACCORDING TO MR TANNER, MR MATTHEW MCKINNEY AND MR KELLEY THEN RESTRAINED MR RICHARD POWELL AMICK WHILE MR MATTHEW MCKINNEY WAS RESTRAINING MR RICHARD POWELL AMICK, MR RICHARD KEMPER AMICK WALKED UP AND KICKED MR MATTHEW MCKINNEY IN THE FACE. MR TANNER PROVIDED A SWORN WRITTEN STATEMENT TO THESE EVENTS. I SPOKE WITH MR MATTHEW MCKINNEY ABOUT THE INCIDENT. MR MATTHEW MCKINNEY ADVISED A SIMILAR SET OF ACCOUNTS TO WHAT WAS ADVISED BY MR KELLEY AND MR TANNER. I ASKED MR MATTHEW MCKINNEY IF HE HAD SEEN MR RICHARD KEMPER AMICK WITH A KNIFE DURING THE ALTERCATION, TO WHICH HE RESPONDED HE DID NOT SEE ANY KNIFE DURING THE FIGHT. MR MATTHEW MCKINNEY PROVIDED A SWORN WRITTEN STATEMENT TO THESE EVENTS. MR MATTHEW MCKINNEY DENIED ANY MEDICAL TREATMENT FOR HIS INJURIES. I SPOKE WITH MS MCKINNEY REGARDING THE INCIDENT. MS MCKINNEY STATED WHEN SHE CAME OUT OF THE RESIDENCE SHE OBSERVED MR RICHARD POWELL AMICK STRIKING MR CHRISTOPHER MCKINNEY SEVERAL TIMES, AT WHICH POINT SHE INTERVENED IN THE FIGHT. SHE OBSERVED MR RICHARD POWELL AMICK PICK MR CHRISTOPHER MCKINNEY UP AND "SLAM" HIM TO THE GROUND. MS MCKINNEY STATED MR MATTHEW MCKINNEY AND MR KELLEY THEN RESTRAINED MR RICHARD POWELL AMICK. WHILE DOING SO MR RICHARD KEMPER AMICK CAME OVER AND KICKED MART IN THE FACE. MS MCKINNEY PROVIDED A SWORN WRITTEN STATEMENT TO THESE ACCOUNTS. I SPOKE WITH MS KELLEY REGARDING THE INCIDENT. MS KELLEY ADVISED SHE WALKED OUTSIDE AND SAW THE FIGHT AND SHE OBSERVE D A MALE ON THE GROUND. ACCORDING TO MS KELLEY, MR KELLEY APPROACHED HER AND ASKED HER FOR HER FIREARM WHICH SHE RETRIEVED FOR HIM. MS KELLEY STATED MR KELLEY THEN DISCHARGED THE FIREARM INTO THE GROUND ONE TIME AND YELLED AT EVERYBODY TO BACK UP. MS KELLEY PROVIDED A SWORN WRITTEN STATEMENT TO THESE ACCOUNTS. I SPOKE WITH MR RICHARD POWELL AMICK ABOUT THE EVENTS THAT OCCURRED. PRIOR TO SPEAKING TO MR RICHARD POWELL AMICK I READ HIM HIS MIRANDA RIGHTS VIA A PREPRINTED CARD, TO WHICH HE ADVISED HE UNDERSTOOD THEM AND WISHED TO SPEAK WITH ME. MR RICHARD POWELL AMICK STATED HE WAS SITTING IN HIS DRIVEWAY AT 1009 SOUTHEAST 1ST COURT WHEN HE HEARD HIS FATHER, MR RICHARD KEMPER AMICK, CALL OUT FOR HELP. HE THEN RODE DOWN THE STREET ON HIS BICYCLE WHERE "A SCUFFLE ENSUED". I ASKED MR RICHARD POWELL AMICK IF HE COULD ELABORATE ON THE "SCUFFLE," BUT MR RICHARD POWELL AMICK ONLY REPEATED HIMSELF STATING HIS FATHER CALLED FOR HELP AND A SCUFFLE ENSUED. I ASKED MR RICHARD POWELL AMICK IF HE WAS CARRYING A KNIFE WHEN HE CAME DOWN TO THE SCUFFLE. MR RICHARD POWELL AMICK STATED THAT HE DID WEAR A SMALL BLACK KNIFE WHICH WAS ON A NECKLACE AND CONFINED IN A SHEATH BUT GOT RIPPED OFF AT SOME POINT DURING THE FIGHT. I CONDUCTED A SEARCH FROM THE BICYCLE BACK TO THE AREA WHERE I OBSERVED MR RICHARD POWELL AMICK ON THE GROUND, IN RELATION TO WHERE MR RICHARD POWELL AMICK WAS ON THE GROUND, THE KNIFE WAS FOUND JUST SOUTHWEST IN THE MIDDLE OF THE ROADWAY, APPROXIMATELY 10 TO 15 YARDS AWAY AND THE SHEATH TO THE KNIFE WAS FOUND JUST TO THE EAST IN THE DRIVEWAY, APPROXIMATELY 10 YARDS AWAY. DUE TO MR CHRISTOPHER MCKINNEY'S INJURIES EMS (EMERGENCY MEDICAL SERVICES) WAS CALLED TO THE SCENE AND HE WAS TRANSFERRED TO OAK HILL HOSPITAL FOR FURTHER MEDICAL EVALUATION. I WAS NOT ABLE TO GET A STATEMENT FROM MR CHRISTOPHER MCKINNEY PRIOR TO HIS TRANSPORT. DEPUTY CLAUDE (0602) CONDUCTED CRIME SCENE TECHNICIAN REPORT ON THE SCENE, SEE HIS CRIME SCENE TECHNICIAN REPORT. DEPUTY LAKATIS (0585) MADE CONTACT WITH MS HUGHES; PLEASE SEE DEPUTY LAKATIS' SUPPLEMENT. MR RICHARD KEMPER AMICK WAS PLACED UNDER ARREST FOR THREE COUNTS OF BATTERY AND AGGRAVATED ASSAULT WITH A DEADLY WEAPON, WITHOUT THE INTENT TO KILL. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED AND SECURED IN THE REAR OF MY PATROL VEHICLE. BOTH DEFENDANTS WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. MR RICHARD KEMPER AMICK'S BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. $2,000.00 FOR ONE COUNT OF AGGRAVATED ASSAULT WITH A DEADLY WEAPON, WITHOUT INTENT TO KILL. $1,000.00 (PER COUNT) FOR THREE COUNTS OF BATTERY, PER THE BOND SCHEDULE, TOTALING $3,000.00. MR RICHARD POWELL AMICK'S BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE. $1,000.00 (PER COUNT) FOR TWO COUNTS OF BATTERY, PER THE BOND SCHEDULE, TOTALING $2,000.00. ALL SWORN WRITTEN STATEMENTS WERE COLLECTED AND SUBMITTED IN TO RECORDS. SEE DEPUTY CLAUDE'S CRIME SCENE TECHNICIAN REPORT FOR ALL EVIDENCE WHICH WAS COLLECTED AT THE SCENE. |
