| Probable cause affidavit: |
SUBMITTED BY: POTTER, JEFFREY 0506 (AR07100297) 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: SHOVEL, 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). ON 111107 AT APPROXIMATELY 1356 HOURS, I RESPONDED TO 10230 SOUTH PALOMINO DRIVE, IN REFERENCE TO A POSSIBLE AGGRAVATED ASSAULT COMPLAINT. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, WHO ADVISED THAT ON 111107 AT APPROXIMATELY 1345 HOURS, HE AND THE WITNESS/SPOUSE WERE STACKING FIREWOOD AT THE NORTH END OF HIS PROPERTY, APPROXIMATELY TEN FEET FROM HIS PROPERTY LINE, WHEN THE DEFENDANT, MR RICHARD MAYO, APPROACHED HIM AND BEGAN VERBALLY ABUSING THE VICTIM AND THE WITNESS, AT WHICH TIME, THE DEFENDANT SWUNG A METAL SHOVEL REPEATEDLY FROM SIDE TO SIDE, STRIKING A SMALL TREE THAT WAS APPROXIMATELY TWO FEET FROM THE VICTIM'S PERSON. THE VICTIM ADVISED THAT WHILE THE DEFENDANT WAS SWINGING THE SHOVEL, HE WAS NOT ONLY VERBALLY ABUSING HIM, BUT ALSO MADE NUMEROUS THREATS TO DO BODILY HARM TO THE VICTIM. THE VICTIM STATED AT THAT TIME HE WAS IN FEAR THAT THE DEFENDANT WAS GOING TO STRIKE HIM WITH THE SHOVEL AND IN TURN WENT INSIDE HIS RESIDENCE AND CONTACTED THIS AGENCY. THE VICTIM ADVISED THIS INCIDENT HAD BEEN AN ONGOING PROBLEM BETWEEN HE AND THE DEFENDANT OVER THE STACKING OF FIREWOOD NEAR THE DEFENDANT'S PROPERTY LINE. THE VICTIM STATED THAT DUE TO THE ONGOING ISSUE, HE INSTALLED A VIDEO CAMERA SYSTEM AND VIDEO TAPED THE ENTIRE INCIDENT ON THIS DATE. WHILE SPEAKING WITH THE VICTIM, I VIEWED THE VIDEO TAPE OF THE INCIDENT AND DETERMINED THAT THE DEFENDANT WAS IN FACT ATTEMPTING TO STRIKE AND INTIMIDATE THE VICTIM AT THE TIME OF THE INCIDENT. AFTER SPEAKING WITH THE VICTIM, I WALKED TO THE DEFENDANT'S RESIDENCE, LOCATED AT 10198 SOUTH PALOMINO DRIVE, AND MADE CONTACT WITH THE DEFENDANT. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST FOR AGGRAVATED ASSAULT WITH A DEADLY WEAPON, HANDCUFFED BEHIND HIS BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT STATED THAT HIS MOTHER WAS UPSET THAT THE VICTIM HAD PLACED TWO SHEDS AT THE CORNER OF HER PROPERTY AND ALSO STATED THAT HE TOLD HIS MOTHER NOT TO WORRY ABOUT THAT AND HE WOULD TAKE CARE OF THE SITUATION. THE DEFENDANT FURTHER STATED THAT IT WAS IN FACT THE VICTIM WHO HAD TAUNTED HIM THROUGHOUT THIS ORDEAL. ALL STATEMENTS BY THE DEFENDANT WERE PROVIDED FREELY AND NO QUESTIONS WERE ASKED OF THE DEFENDANT. THE DEFENDANT WAS BOOKED AND PROCESSED FOR ONE COUNT OF AGGRAVATED ASSAULT WITH A $5,000.00 BOND PER THE BOND SCHEDULE. *NOT-EXEMPT* |
