| Probable cause affidavit: |
SUBMITTED BY: STANTON, JOE 0260 (AR08105343) A PERSON WHO KNOWINGLY USES INTIMIDATION OR PHYSICAL FORCE OR THREATENS ANOTHER PERSON OR ATTEMPTS TO DO SO OR ENGAGES IN MISLEADING CONDUCT TOWARDS ANOTHER PERSON, ALTERS, DESTROYS, MUTILATES OR CONCEALS AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR THE AVAILABILITY OF THE OBJECT FOR USE IN AN OFFICIAL INVESTIGATION OR OFFICE PROCEEDING, TO WIT: VERBALLY THREATENED TO KILL THE VICTIM IF HE DID NOT DROP THE CHARGES OF A PREVIOUSLY REPORTED BURGLARY, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 914.22. ON 092208 AT APPROXIMATELY 2253 HOURS, I WAS DISPATCHED TO 8041 EAST GARNER LANE IN FLORAL CITY IN REFERENCE TO A SHOOTING THAT HAD JUST OCCURRED. ALSO, I RECEIVED INFORMATION THROUGH DISPATCH WHILE EN ROUTE THAT THE DEFENDANT MICHAEL HANVEY HAD ALSO BEEN STRUCK WITH AN OBJECT BUT WAS DECLINING EMERGENCY MEDICAL SERVICES (EMS). UPON MY ARRIVAL AT APPROXIMATELY 2301 HOURS, I MADE CONTACT WITH DEFENDANT MICHAEL HANVEY WHO HAD BEEN ARRESTED PREVIOUSLY FOR BURGLARIZING THE VICTIM'S RESIDENCE AND DEFENDANT RICHARD HANVEY OUTSIDE OF THEIR RESIDENCE IN THEIR YARD. I INQUIRED OF BOTH SUBJECTS IF THEY WANTED EMS TO RESPOND AND THEY DECLINED. I INQUIRED AS TO WHAT HAD HAPPENED. THEY BOTH STATED THAT THEY WENT OVER TO THE VICTIM'S RESIDENCE TO TALK ABOUT SOME ISSUES THAT WERE GOING ON. THEY STATED WHILE OVER AT THE VICTIM'S IN THE FRONT YARD ANOTHER MALE SUBJECT CAME INSIDE THE FENCED AREA WHERE THEY WERE AT, WHO THEY IDENTIFIED AS A PERSON WHO IS ALREADY LISTED AS A WITNESS, PERSON NUMBER FOUR (POWELSON) IN THE REPORT, CARRYING SOME SORT OF OBJECT IN HIS RIGHT HAND AND A GUN IN HIS LEFT HAND WHICH DEFENDANT MICHAEL DESCRIBED AS BEING SILVER AND APPROXIMATELY SIX TO SEVEN INCHES LONG AND DEFENDANT RICHARD DESCRIBED AS BEING BROWNISH IN COLOR AND APPROXIMATELY 12 TO 13 INCHES LONG. DEFENDANT RICHARD ADVISED THAT WHILE OVER AT THE VICTIM'S RESIDENCE HE OBSERVED THE WITNESS WALKING ALONG THE WOOD LINE BY DEFENDANT MICHAEL'S RESIDENCE, AT WHICH TIME, HE FIRED OFF A SHOT AND THEN PROCEEDED OVER TO THE VICTIM'S RESIDENCE WHERE BOTH DEFENDANTS THEN STATED THAT THIS WITNESS STRUCK THEM WITH THE OBJECT HE WAS CARRYING IN HIS RIGHT HAND. I DID NOT SEE ANY SIGNS OF INJURY ON DEFENDANT MICHAEL. HE INDICATED THAT HE WAS STRUCK ON THE LEFT SIDE OF HIS FACE. ON DEFENDANT RICHARD, I DID OBSERVE A LARGE ABRASION ON THE BACK OF HIS RIGHT SHOULDER AND A SMALL ABRASION ON HIS LEFT LEG. NEITHER INJURY APPEARED TO BE CONSISTENT WITH BEING STRUCK WITH AN OBJECT LIKE THE TWO DEFENDANTS DESCRIBED. BOTH DEFENDANTS ADVISED THAT AFTER THE PHYSICAL ALTERCATION OCCURRED THEY HAD RUN AND JUMPED THE FENCE AT THE VICTIM'S RESIDENCE AND PROCEEDED BACK TO DEFENDANT MICHAEL'S RESIDENCE, AT WHICH TIME, 911 WAS CALLED. DEFENDANT MICHAEL INDICATED IN HIS STATEMENT THAT AT 2238 HOURS HE GOT A CALL FROM THE VICTIM TO COME INTO THE STREET TO TALK AND ONCE DEFENDANT MICHAEL WAS IN THE STREET HE INDICATED THE VICTIM INVITED HIM INTO HIS YARD. HE THEN INDICATED THAT ANOTHER WITNESS (PRICE), PERSON NUMBER FIVE IN THE REPORT, WHO WAS AT THE RESIDENCE HAD DROPPED HIS PANTS TO SHOW HIM HE HAD NO FIREARMS ON HIM. HE THEN STATED THAT WITNESS PERSON NUMBER FOUR IN THE REPORT CAME OUTSIDE WHO WAS ALSO KNOWN AS CAVEMAN AND APPROACHED WITH A 44 MAGNUM AND A LEAD PIPE IN HIS RIGHT HAND. THIS INFORMATION CONTRADICTS THAT OF DEFENDANT RICHARD WHO STATED THAT THIS SUBJECT HAD INITIALLY COME FROM ACROSS THE STREET OUT OF A WOODED AREA. DEFENDANT MICHAEL THEN STATED THAT PERSON FOUR HIT HIM WITH THE PIPE AS HE WAS JUMPING THE FENCE INTO THE STREET, AT WHICH TIME, HE TURNED AROUND TO SEE DEFENDANT RICHARD GET HIT IN THE SHOULDER SEVERAL TIMES BEFORE JUMPING THE FENCE AND THEN SHOTS WERE FIRED. DEFENDANT MICHAEL STATED THAT PERSON FOUR HIT HIM ON THE LEFT SIDE OF HIS JAW WITH THE PIPE. BUT THERE WERE NO SIGNS OF INJURIES TO DEFENDANT MICHAEL'S FACE. DEFENDANT MICHAEL WENT ON TO STATE THAT PERSON FOUR POINTED A GUN AT BOTH HIM AND DEFENDANT RICHARD AND STARTED FIRING MISSING BOTH DEFENDANTS. THESE STATEMENTS WERE ALSO INCONSISTENT WITH WHAT BOTH DEFENDANTS INITIALLY STATED WITH ONLY HEARING ONE SHOT BEING FIRED. IT SHOULD BE NOTED THIS AGENCY DID NOT RECEIVE ANY OTHER CALLS REFERENCE SHOTS BEING FIRED. DEFENDANT RICHARD INDICATED IN HIS STATEMENT THAT HE WAS IN THE BATHROOM WHEN HIS BROTHER DEFENDANT MICHAEL HAD ASKED HIM TO FOLLOW HIM ACROSS THE STREET TO THE NEIGHBOR'S RESIDENCE. DEFENDANT RICHARD'S STATEMENT WAS CONSISTENT WITH DEFENDANT MICHAEL'S WITH THE EXCEPTION OF WHERE PERSON FOUR CAME FROM AND FURTHER INDICATED THAT PERSON FOUR AFTER FIRING A SHOT INTO AN UNKNOWN LOCATION PUT THE GUN INTO DEFENDANT RICHARD'S FACE AND SAID "RUN JERSEY YOU HAVE BEEN SET UP." I THEN MADE CONTACT WITH THE VICTIM WHO ADVISED THAT HE WAS ASKED BY DEFENDANT RICHARD TO COME OVER TO HIS RESIDENCE TO TALK ABOUT THE PROBLEMS . THE VICTIM STATED WHEN DEFENDANT RICHARD CAME OVER HE SAID IF HE DID NOT DROP THE CHARGES HE DID NOT CARE IF HE SPENT 30 YEARS IN PRISON AND HE WOULD KILL HIM, AT WHICH TIME, HE LEFT AND WENT BACK TO DEFENDANT MICHAEL'S RESIDENCE. AT THIS TIME, THE VICTIM CALLED DEFENDANT MICHAEL AND TOLD DEFENDANT MICHAEL AND DEFENDANT RICHARD TO COME OVER TO THE RESIDENCE AND TRY TO TALK THE PROBLEMS OUT. THE VICTIM STATED THAT THEY CAME OVER AND ASKED TO COME OVER INTO THE YARD TO TALK, AT WHICH TIME, HE OPENED THE GATE AND LET THEM IN AND WHEN THEY WERE OUT THERE TALKING SOME GUY, WHO THE VICTIM DID NOT KNOW, RAN IN THE GATE WITH A STICK WHICH HE DESCRIBED AS BEING A CLUB AND SAID "YOU SON OF A BITCHES TRYING TO LIE ABOUT SOMETHING ELSE YOU DID ". THEN THE GUY CAME RUNNING TO THE GATE WITH A STICK IN HIS HAND, AT WHICH TIME, DEFENDANT MICHAEL AND DEFENDANT RICHARD SAID "OH SHIT" AND RAN AND JUMPED THE FENCE. THE VICTIM ADVISED THAT ONE OF THE DEFENDANTS JUMPED OVER THE FENCE IN THE CORNER AND HIT FACE FIRST INTO A TELEPHONE POLE AND THEN RAN ACROSS THE STREET BACK TO HIS RESIDENCE WHERE HE BEAT ON HIS WINDOWS AND SAID TO CALL THE "COPS". THE VICTIM FURTHER ADVISED THAT THE DEFENDANT (UNKNOWN WHICH ONE) HOLLERED ACROSS THE STREET AND TOLD THE VICTIM AND TWO OTHER WITNESSES THAT THEY WERE "DEAD NEW JERSEY STYLE", AT WHICH TIME, THE VICTIM CALLED 911. THE TWO WITNESSES ARE PERSON FIVE (PRICE) AND PERSON THREE (EDDY) IN THE REPORT. ALSO I SPOKE WITH PERSON FIVE WHO STATED THAT HE GOT HOME FROM THE "VFW" AND INDICATED THAT DEFENDANT MICHAEL HAD CALLED OVER 15 TIMES. I DID LOOK AT THE "CALLER ID" WHICH SHOWED THREE CALLS FROM DEFENDANT MICHAEL'S TELEPHONE NUMBER BETWEEN 2020 HOURS AND 2201 HOURS, HOWEVER, HE DID NOT KNOW WHO CALLED BECAUSE THE TELEPHONE WAS NOT ANSWERED DURING THIS TIME. PERSON FIVE INDICATED THAT HE TALKED TO DEFENDANT MICHAEL OUT AT THE ROAD WHO SENT DEFENDANT RICHARD OVER TO THE RESIDENCE AND PERSON FOUR STATED THAT DEFENDANT RICHARD TOLD THE VICTIM TO DROP THE CHARGES AS HE PROMISED OR DEFENDANT RICHARD WOULD KILL AND WOULD GO TO JAIL FOR 30 YEARS TO PROTECT HIS BROTHER. PERSON FIVE THEN WENT ON TO STATE THAT THE VICTIM HAD GONE OUTSIDE AFTER CALLING THE DEFENDANTS SO THEY COULD WORK IT OUT, AT WHICH TIME, HE HEARD YELLING AND WHEN HE WENT BACK OUTSIDE, HE SAW PEOPLE RUNNING, WHO WERE IDENTIFIED AS THE DEFENDANTS, AND HEARD YELLING WHICH WAS THE DEFENDANTS STATING THAT THEY WERE ALL DEAD. I ALSO MADE CONTACT WITH PERSON THREE (EDDY) IN THE REPORT WHO INDICATED THAT SHE WAS INSIDE THE RESIDENCE BUT AT THE WINDOW. SHE ALSO INDICATED THAT SHE HEARD THE DEFENDANT RICHARD TALKING TO THE VICTIM ABOUT DROPPING THE CHARGES OR ELSE AND SHE HEARD THE DEFENDANT SAYING WHAT SHE THOUGHT SOUNDED LIKE HE WAS GOING TO KILL THE VICTIM AND HER AND PERSON FIVE "NEW JERSEY STYLE". HOWEVER, SHE DID NOT SEE ANY CONFRONTATIONS FROM THE WINDOW BUT DID SEE SOMEONE JUMP THE FENCE AND HIT THEIR FACE ON THE POLE. ALSO WHILE AT THE VICTIM'S RESIDENCE, I SPOKE WITH PERSON FOUR ON THE TELEPHONE WHO INDICATED HE WAS AT HIS RESIDENCE AND THAT WHENEVER THE ALTERCATION TOOK PLACE HE WAS SPEAKING WITH THE VICTIM ON THE TELEPHONE AND HEARD DEFENDANT MICHAEL AND DEFENDANT RICHARD TELLING THE VICTIM THAT THEY WERE GOING TO SHOOT HIM AS WELL AS PERSON THREE AND PERSON FIVE. PERSON FOUR DENIED BEING AT THE VICTIM'S RESIDENCE AT THE TIME THIS INCIDENT TOOK PLACE. BOTH PERSON THREE AND PERSON FIVE DENIED ANY KNOWLEDGE OF THIS OTHER UNKNOWN SUBJECT, WHO THE DEFENDANTS IDENTIFIED AS PERSON FOUR, EVEN BEING IN THE YARD. WHEN CONTACT WAS MADE WITH THE DEFENDANTS AGAIN, I ASKED THEM BOTH IF THEY MADE ANY STATEMENTS TO THE VICTIM IN REGARD TO KILLING HIM IF HE DID NOT DROP THE CHARGES AND THEY BOTH DENIED MAKING THESE STATEMENTS AND BOTH DEFENDANTS AT THIS TIME WERE SPEAKING TO ONE ANOTHER INDICATING THAT THEY DID NOT WANT TO PRESS ANY CHARGES AGAINST THE PERSON THEY ALLEGED HAD A FIREARM AND HAD STRUCK THEM. CONTACT WAS AGAIN MADE WITH DEFENDANT MICHAEL AND DEFENDANT RICHARD, AT WHICH TIME, THEY WERE PLACED UNDER ARREST FOR TAMPERING WITH THE VICTIM. BOTH DEFENDANTS WERE HANDCUFFED (DOUBLE LOCKED) AND SEARCHED INCIDENT TO ARREST. BOTH DEFENDANTS WERE THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS MEMORIAL HEALTH SYSTEMS (CMH) TO HAVE THEIR INJURIES CHECKED. DEFENDANT MICHAEL DECLINED TO BE CHECKED ONCE AT CMH AND WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. ONCE DEFENDANT RICHARD WAS RELEASED HE WAS ALSO TRANSPORTED TO THE DETENTION FACILITY. STATEMENTS WERE OBTAINED FROM ALL PARTIES INVOLVED AND WILL BE TURNED IN TO RECORDS. *NOT-EXEMPT* |
