| Probable cause affidavit: |
SUBMITTED BY: WEST, ROY 0421 (AR11121593) did, knowing HIS driver's license or driving privilege had been cancelled, suspended or revoked AS A HABITUAL TRAFFIC OFFENDER, drive a motor vehicle upon the highways of this state while such license or privilege was cancelled, in violation of Florida Statute 322.34(5) 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 HEAD AND BACK AND PUSHED THE VICTIM TO THE GROUND WHERE SHE SUSTAINED INJURIES IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 070411 AT APPROXIMATELY 1943 HOURS, I WAS DISPATCHED TO 510 WEST MAIN STREET IN REFERENCE TO A DOMESTIC BATTERY IN PROGRESS. WHILE EN ROUTE, I WAS ADVISED BY DISPATCH THAT WITNESSES WERE FOLLOWING THE DEFENDANT, WHO HAD TAKEN OFF IN A RED IN COLOR HYUNDAI . THE WITNESS GAVE A TAG NUMBER OF "K123VM" AFTER THE DEFENDANT HAD STOPPED SEVERAL TIMES AND ONCE GOT OUT OF THE VEHICLE MOVING TOWARDS THE WITNESS. THE WITNESS THEN RETURNED TO THE SCENE OF THE CRIME. I MADE CONTACT WITH THE VICTIM AND WITNESSES AT THE "CVS" ON WEST MAIN STREET. THE VICTIM ADVISED THAT HER BOYFRIEND WAS DRIVING FROM FLORAL CITY WITH HER AS A PASSENGER AND NO OTHER INDIVIDUALS IN THE VEHICLE. SHE ADVISED THAT THEY HAD GOTTEN INTO VERBAL ARGUMENT RELATING TO A FEMALE WHO HAD CALLED THE DEFENDANT ON THE TELEPHONE. DURING THIS ARGUMENT, THE DEFENDANT STARTED HITTING THE VICTIM WHILE DRIVING DOWN THE ROAD. THE VICTIM HAD GOTTEN OUT OF THE VEHICLE IN THE ROADWAY NEAR THE INTERSECTION OF MAIN STREET AND LINE AVENUE WHERE SHE HAD ATTEMPTED TO GET AWAY FROM THE DEFENDANT. THE DEFENDANT THEN DROVE THE VEHICLE AFTER THE VICTIM AND HAD CUT HER OFF IN THE PARKING LOT OF THE INSURANCE BUSINESS ON LINE AND MAIN STREET, WHERE HE GOT OUT OF THE VEHICLE AND HAD CHASED THE VICTIM DOWN INTO THE ROADWAY. AT THIS POINT, THE WITNESSES WHO WERE AT THE INTERSECTION, OBSERVED THAT THE DEFENDANT STARTED HITTING THE VICTIM IN THE STREET, PUNCHING HER SEVERAL TIMES. WHEN THE VICTIM HAD RUN TOWARDS THE CHECKER'S RESTAURANT, THE DEFENDANT PURSUED HER STRIKING HER SEVERAL MORE TIMES AND KNOCKED HER TO THE GROUND AND INTO THE BUSHES. WHEN THE DEFENDANT RAN ACROSS MAIN STREET TO GET BACK INTO THE VEHICLE, THE WITNESS HAD PULLED HIS VEHICLE IN BLOCKING THE DEFENDANT WHILE THE OTHER WITNESS CALLED 911. THE DEFENDANT HAD DRIVEN AROUND THE WITNESS' VEHICLE, OVER THE GRASSY PART OF PROPERTY AND CURB. THE WITNESS FOLLOWED THE DEFENDANT DOWN SEVERAL STREETS, AT WHICH POINT, THE DEFENDANT HAD PULLED OVER AT THE END OF THE CEMETERY ON LINE STREET. THE WITNESS WAS APPROACHED BY THE DEFENDANT AND THE WITNESS LEFT THE SCENE AFTER GETTING THE TAG NUMBER OF THE DEFENDANT'S VEHICLE. THE WITNESS ADVISED THAT THE DEFENDANT HAD TAKEN OFF EVENTUALLY ENDING UP ON HIGHWAY 41 HEADING SOUTH TOWARDS FLORAL CITY. THE WITNESS STATED THEY THEN RETURNED TO THE SCENE OF THE CRIME. THE SECOND WITNESS ADVISED SHE OBSERVED THE SAME SCENE, BUT PROCEEDED TO THE VICTIM TO RENDER AID FOR HER INJURIES. I OBSERVED A SWOLLEN BRUISED EYE ON THE RIGHT SIDE OF THE VICTIM'S FACE AS WELL AS A BLOODIED SCRAPE ON HER RIGHT ARM APPROXIMATELY 18 INCHES LONG, AS WELL AS, SOME INJURIES ON THE BACK OF THE VICTIM. I ISSUED A BOLO FOR THE SUSPECT VEHICLE AND DEFENDANT. WHILE WITH THE VICTIM, THE DEFENDANT HAD CALLED THE VICTIM ON HER CELLULAR TELEPHONE ADVISING THAT HE WOULD PICK HER UP. I ADVISED THE VICTIM TO TRY AND GET THE DEFENDANT'S LOCATION; HOWEVER, HE WOULD NOT DIVULGE THAT INFORMATION. I PROCEEDED ACROSS THE STREET WITH MY PATROL VEHICLE KNOWING THAT THE VICTIM WAS WAITING TO BE PICKED UP BY THE DEFENDANT. AS THE DEFENDANT APPROACHED THE VICTIM IN A GREEN IN COLOR HYUNDAI, THE VICTIM GOT INTO THE BACK SEAT WHILE TWO MALES WERE IN THE FRONT SEATS. AT THIS POINT, I CONDUCTED A TRAFFIC STOP ON SAID VEHICLE WHERE WE PULLED INTO THE HEIDI'S PARKING LOT. THE PASSENGER OF THE VEHICLE WAS THE DEFENDANT IN THE DOMESTIC BATTERY. I PLACED THE DEFENDANT UNDER ARREST FOR DOMESTIC BATTERY, HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE I ADVISED THE DEFENDANT OF HIS MIRANDA RIGHTS. THE DEFENDANT ADVISED ME THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME AND HE DID NOT WANT AN ATTORNEY PRESENT. I ADVISED HIM THAT IF HE DID NOT TELL ME WHERE HE HAD DRIVEN THE VEHICLE, RED HYUNDAI , HE WOULD BE CHARGED WITH GRAND THEFT AUTO. I EXPLAINED TO HIM THAT I HAD WITNESSES PUTTING HIM BEHIND THE WHEEL OF THAT VEHICLE. THE DEFENDANT THEN ADVISED ME THAT THE VEHICLE WAS PARKED AT THE END OF SOUTH CASTLELAKE AVENUE IN FLORAL CITY, WHERE HE THEN PROCEEDED ON FOOT TO AN ADDRESS ON TENNANT POINT, WHICH WAS APPROXIMATELY ONE MILE FROM WHERE HE HAD MADE CONTACT WITH THE DRIVER OF GREEN HYUNDAI, MR KERRY RICHARDSON. MR RICHARDSON HAD THEN GIVEN THE DEFENDANT A RIDE TO PICK UP THE VICTIM. I SENT ANOTHER DEPUTY DOWN TO SOUTH CASTLELAKE AVENUE IN FLORAL CITY, WHO LOCATED THE STOLEN VEHICLE SO I DID NOT CHARGE THE DEFENDANT WITH GRAND THEFT AUTO. AFTER GIVING THE VICTIM THE DOMESTIC VIOLENCE PACKET TO INCLUDE AN INTAKE DATE OF 070711 AT 1330 HOURS AND CONFIRMED THAT SHE DID NOT NEED MEDICAL ATTENTION. I PHOTOGRAPHED THE VICTIM'S INJURIES (SEE CRIME SCENE TECHNICIAN (CST) REPORT). THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING AND TURNED OVER TO DETENTION STAFF. WHILE AT THE DETENTION FACILITY WHILE MAKING THIS ARREST, I PULLED UP THE DEFENDANT'S CRIMINAL AND DRIVER'S HISTORY, WHICH SHOWED A HISTORY OF DRIVING WHILE LICENSE SUSPENDED AND DRIVING UNDER THE INFLUENCE, WHICH PUT HIM INTO A HABITUAL TRAFFIC OFFENDER STATUS ON 052307. THE DEFENDANT'S BOND WAS SET AT $10,000.00 FOR DRIVING WHILE LICENSE SUSPENDED HABITUAL OFFENDER AND NO BOND SET ON THE DOMESTIC BATTERY PER THE BOND SCHEDULE. THE DEFENDANT WAS ISSUED A CRIMINAL UNIFORM TRAFFIC CITATION (UTC) CITATION NUMBER 8615R0Z WITH A COURT DATE TO BE SET BY THE CLERK OF COURTS DUE TO IT BEING A FELONY CHARGE. "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* |
