| Probable cause affidavit: |
SUBMITTED BY: RODRIGUEZ, MARCIAL 0301 (AR13-8218) (13-166634) 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: PICKED UP A CHAIR, STRUCK THE VICTIM IN THE HEAD, FOLLOWING BY PUNCHING THE VICTIM IN THE HEAD, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 120413 AT 1742 HOURS, I ARRIVED AT 1112 SOUTH GOLD DUST TERRACE IN REFERENCE TO A BATTERY. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM AND TWO WITNESSES. THE VICTIM AND WITNESS ONEâS STATEMENTS CORROBORATED EACH OTHER. ON THIS DATE AT APPROXIMATELY 1720 HOURS, THE VICTIM, WITNESS ONE AND THE DEFENDANT WERE CONSUMING ALCOHOLIC BEVERAGES AT THE VICTIMâS RESIDENCE. THE VICTIM QUESTIONED THE DEFENDANT ABOUT A PRIOR INCIDENT WHERE THE DEFENDANT ALSO STRUCK THE VICTIM. AT THAT TIME, THE DEFENDANT STOOD UP, BEGAN TO YELL AND A FIGHT ENSUED. ACCORDING TO THE VICTIM AND WITNESS ONE, WHILE INSIDE THE RESIDENCE IN THE LIVING ROOM, THE DEFENDANT TOOK OUT A POCKET KNIFE AND BEGAN TO OPEN AND CLOSE IT BUT DID NOT MAKE ANY THREATENING STATEMENTS. THE DEFENDANT THEN WENT AFTER THE VICTIM IN THE LIVING ROOM. WITNESS ONE AND THE VICTIM STATED THEY STRUGGLED WITH THE DEFENDANT AND THE VICTIM STATED HE WAS STABBED. THE DEFENDANT THEN LEFT OUT THE KITCHEN DOOR. ONCE OUTSIDE IN THE CARPORT, THE DEFENDANT PICKED UP A CHAIR AND STRUCK THE VICTIM IN THE HEAD WITH IT, CAUSING INJURY TO THE VICTIMâS LEFT TEMPLE AREA. THE DEFENDANT THEN STRUCK THE VICTIM SEVERAL MORE TIMES IN THE HEAD WITH A CLOSED FIST. THE DEFENDANT THEN LEFT DOWN THE STREET. I NOTICED THE VICTIMâS LEFT TEMPLE WAS BLEEDING BUT DID NOT SEE ANY OBVIOUS SIGNS THAT THE VICTIM WAS STABBED. THERE WAS A CIRCULAR MARK ON THE VICTIMâS LEFT ELBOW THAT WAS NOT BLEEDING. BOTH WITNESS ONE AND THE VICTIM WERE HEAVILY INTOXICATED TO THE POINT THAT THEIR SPEECH WAS SLURRED AND THEY STAGGERED WHEN THEY WALKED. THE VICTIM WAS TAKEN TO CITRUS MEMORIAL HOSPITAL BY AMBULANCE. I THEN SPOKE TO A SECOND WITNESS WHO LIVES ACROSS THE STREET. HE STATED HE HEARD THE ARGUMENT AND UPON LOOKING AT THE VICTIMâS RESIDENCE SAW THE DEFENDANT EXIT THROUGH THE KITCHEN DOOR AND PROCEED DOWN THE CARPORT TO THE STREET. THE VICTIM AND WITNESS ONE WERE STILL INSIDE THE DOORWAY WHEN THE VICTIM TOLD THE DEFENDANT TO LEAVE HIS PROPERTY. THE SECOND WITNESS STATED AT THAT TIME, THE DEFENDANT TURNED AROUND, WALKED BACK TOWARDS THE CARPORT AS THE VICTIM WALKED INTO THE CARPORT. THE DEFENDANT THEN PICKED UP A CHAIR AND STRUCK THE VICTIM IN THE HEAD. AFTER STRIKING THE VICTIM WITH THE CHAIR, THE DEFENDANT STRUCK HIM IN THE HEAD SEVERAL TIMES WITH A CLOSED FIST BEFORE LEAVING DOWN THE STREET. BOTH WITNESSES PROVIDED WRITTEN STATEMENTS. WITNESS TWO DID NOT APPEAR TO BE UNDER THE INFLUENCE OF ALCOHOL. BOTH THE VICTIM AND WITNESS ONE STATED THEY KNEW THE DEFENDANT ONLY AS BOBBY AND HE WAS WEARING A GREEN AND BLUE SHIRT WITH JEANS. I MADE CONTACT WITH THE DEFENDANT AT 3703 EAST MING COURT. THE DEFENDANTâS IDENTITY WAS VERIFIED THROUGH HIS KENTUCKY IDENTIFICATION CARD. THE DEFENDANT STATED THAT THERE WAS AN ALTERCATION AT THE VICTIMâS RESIDENCE; HOWEVER, HE WAS DEFENDING HIMSELF AND THE VICTIM AND WITNESS ONE TRIED TO RAPE HIM. AFTER THIS STATEMENT, THE DEFENDANT COULD NOT EXPLAIN WHAT HAD HAPPENED OR HOW HE WAS ALLEGEDLY RAPED. HE THEN STATED HE WAS NOT RAPED BUT WAS PROPOSITIONED FOR SEX BY WITNESS ONE AND THE VICTIM. HE THEN STATED THAT THE VICTIM AND WITNESS ONE HELD HIM DOWN ON THE COUCH AND THREATENED HIM WITH TWO MACHETES. HE THEN CHANGED HIS STORY TO SAY THAT THEY WERE KNIVES. HE THEN CHANGED HIS STORY AND STATED HE DID NOT KNOW. THE DEFENDANT DID ADMIT TO HITTING THE VICTIM WITH THE CHAIR, STATING IT WAS SELF DEFENSE BECAUSE THE VICTIM AND WITNESS ONE WERE STANDING IN THE CARPORT BETWEEN THE DEFENDANT AND THE ROADWAY. HE STATED WITNESS ONE HAD TWO LARGE KNIVES IN HIS HAND, THREATENING THE DEFENDANT. THE DEFENDANT STATED HE HAD NO CHOICE BUT TO TAKE THE CHAIR TO DEFEND HIMSELF. THE DEFENDANT STATED THE FIRST PERSON HE STRUCK WAS THE VICTIM, WHO THE DEFENDANT ADMITTED WAS NOT ARMED. HE THEN SWUNG THE CHAIR AT WITNESS ONE AND WAS ABLE TO RUN DOWN THE CARPORT AND DOWN THE STREET. THE DEFENDANT COULD NOT DESCRIBE WHAT HE CLAIMED WITNESS ONE HAD IN HIS HANDS AND THE DEFENDANT CONTINUED TO TELL ME HE DID NOT REMEMBER. I ASKED THE DEFENDANT IF HE HAD A POCKET KNIFE, WHICH HE STATED HE DID BUT DID NOT REMEMBER WHERE HE PLACED IT. THE DEFENDANT THEN ADMITTED TO TAKING OUT THE POCKET KNIFE WHILE BEING IN THE VICTIMâS LIVING ROOM BUT STATED HE DOES NOT KNOW WHERE IT WAS NOW. I QUESTIONED THE DEFENDANT AS TO WHERE HE WAS STANDING WHILE HE WAS IN THE CARPORT AND WHEN HE STRUCK THE VICTIM WITH THE CHAIR. AGAIN HE STATED HE WAS BEING BLOCKED FROM LEAVING. THE DEFENDANT THEN PROVIDED A WRITTEN STATEMENT. AT THAT TIME, I ADVISED THE DEFENDANT THAT BASED ON THE CONTRADICTORY STATEMENTS HE PROVIDED AND WITNESS TWOâS STATEMENT THAT THE DEFENDANT TURNED AND RE-ENGAGED THE VICTIM WITH THE CHAIR, HE WAS BEING PLACED UNDER ARREST FOR ONE COUNT OF BATTERY. HE WAS READ MIRANDA FROM A PRE-PRINTED CARD, TO WHICH HE STATED HE UNDERSTOOD. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE WHERE HE STATED HE DID NOT WANT TO MAKE ANYMORE STATEMENTS. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. |
