| Probable cause affidavit: |
SUBMITTED BY: LEYDA, AMANDA 1399 (AR17-23204) (17-44762) DID UNLAWFULLY COMMIT BATTERY UPON VICTIM POWELL BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: THE DEFENDANT APPROACHED VICTIM POWELL WHILE SHE WAS ON THE GROUND AND PUNCHED HER WHILE CO-DEFENDANT MOORE WAS PUNCHING HER AS WELL; IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). DID UNLAWFULLY COMMIT BATTERY UPON VICTIM GRIFFIN BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: THE DEFENDANT PUNCHED VICTIM GRIFFIN IN THE LEFT SIDE OF HIS FACE WHILE VICTIM GRIFFIN ATTEMPTED TO SEPARATE VICTIM POWELL FROM CO-DEFENDANT MOORE; IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 032917 AT APPROXIMATELY 2030 HOURS, DEPUTY LABORDA 0735 AND I WERE DISPATCHED TO THE AREA OF NORTH ELM STREET AND SCOTCH PINE, IN CRYSTAL RIVER, IN REFERENCE TO A DISTURBANCE. PRIOR TO OUR ARRIVAL, WE WERE ADVISED THAT THE VICTIM, MS MELISSA POWELL, STATED THAT SHE WAS INJURED AS A RESULT OF TWO SUBJECTS PHYSICALLY ATTACKING HER WHILE PARKED ON THE SIDE OF THE ROAD. MEDICAL ASSISTANCE WAS REQUESTED BY VICTIM POWELL PRIOR TO OUR ARRIVAL ON SCENE. UPON ARRIVAL, DEPUTY LABORDA AND I MADE CONTACT WITH VICTIM POWELL WHO ADVISED THAT SHE WAS DRIVING IN HER VEHICLE WITH HER FIANCÉâS SON/VICTIM, MR DAVID GRIFFIN, AND A SMALL CHILD WHO WAS IN THE BACK SEAT. VICTIM POWELL STATED THAT SHE PULLED OVER IN ORDER TO ASSIST THE CHILD AND, WHILE DOING SO, SHE UNKNOWINGLY BLOCKED THE DRIVEWAY AT 4615 NORTH ELM STREET, IN CRYSTAL RIVER. AT THE SAME TIME, THE DEFENDANT, MR ROBERT SIMON, AND CO-DEFENDANT, MS DESIREE MOORE, WERE LEAVING THE RESIDENCE AT 4615 NORTH ELM STREET TO PICK UP A FAMILY MEMBER. CO-DEFENDANT MOORE AND DEFENDANT SIMON WERE UNABLE TO EXIT THE DRIVEWAY AND BEGAN YELLING AT VICTIM POWELL TO MOVE HER VEHICLE OUT OF THE WAY. VICTIM POWELL ADVISED THAT A VERBAL ARGUMENT ENSUED AND SHE WAS THEN PHYSICALLY ATTACKED BY CO-DEFENDANT MOORE. VICTIM POWELL STATED THAT SHE WAS PUNCHED SEVERAL TIMES BY CO-DEFENDANT MOORE AND INJURED HER LEFT ARM TO THE POINT THAT SHE COULD NOT MOVE IT. VICTIM POWELL FURTHER STATED THAT, DURING THE ATTACK, SHE WAS ALSO PUNCHED BY DEFENDANT SIMON WHILE SHE WAS ON THE GROUND. ACCORDING TO VICTIM POWELL, THE DEFENDANT AND CO-DEFENDANT RETURNED TO THE RESIDENCE AT 4615 NORTH ELM STREET. VICTIM POWELL STATED THAT VICTIM GRIFFIN WAS ALSO STRUCK BY DEFENDANT SIMON WHILE ATTEMPTING TO SEPARATE HER AND CO-DEFENDANT MOORE. VICTIM POWELL WAS TRANSPORTED TO SEVEN RIVERS HOSPITAL IN REFERENCE TO THE INJURY OF HER LEFT ARM. SHE LATER PROVIDED DEPUTY LABORDA A SWORN WRITTEN STATEMENT, WHICH WILL BE TURNED IN TO RECORDS. VICTIM POWELL STATED THAT SHE DID NOT KNOW NOR HAD EVER MET the DEFENDANT OR CO-DEFENDANT. VICTIM GRIFFIN STATED THAT HE BELIEVED A BACK LEFT TOOTH WAS CHIPPED AND A SMALL CUT WAS ON THE INSIDE OF HIS MOUTH AS A RESULT OF DEFENDANT SIMON PUNCHING HIM. VICTIM GRIFFINâS INJURIES WERE PHOTOGRAPHED; HOWEVER, I WAS UNABLE TO OBSERVE THE CUT ON THE INSIDE OF HIS MOUTH; SEE MY CRIME SCENE TECHNICIAN REPORT FOR FURTHER. CO-DEFENDANT MOORE COMPLETED A SWORN WRITTEN STATEMENT, WHICH WILL BE TURNED IN TO RECORDS. HER STATEMENT ADVISED THAT SHE AND DEFENDANT SIMON WERE LEAVING IN A VEHICLE, EXITING THE DRIVEWAY, AND REPEATEDLY ASKED VICTIM POWELL TO MOVE HER VEHICLE DUE TO THE FACT THAT SHE WAS BLOCKING THE DRIVEWAY. CO-DEFENDANT MOORE ADVISED THAT VICTIM POWELL BEGAN CURSING, EXITED THE VEHICLE, AND APPROACHED HER. CO-DEFENDANT MOORE STATED THAT SHE WAS PUSHED BY VICTIM POWELL, SO âME AND MY BOYFRIEND (DEFENDANT SIMON) DEFENDED OURSELVES.â CO-DEFENDANT MOORE FURTHER STATED THAT VICTIM POWELL WAS ON HER FEET WHEN THEY RETURNED TO THE RESIDENCE, BUT, WHEN SHE TURNED AROUND, VICTIM POWELL WAS ROLLING AROUND ON THE GRASS, APPARENTLY INJURED. DEFENDANT SIMON REQUESTED CO-DEFENDANT MOORE COMPLETE HIS SWORN WRITTEN STATEMENT. HIS STATEMENT WAS COMPLETED BY CO-DEFENDANT MOORE AND SIGNED BY HIM. DEFENDANT SIMON WAS PHOTOGRAPHED, SEE MY CRIME SCENE TECHNICIAN REPORT. DEFENDANT SIMON STATED THAT HIS KNUCKLES WERE INJURED, BUT I OBSERVED NO APPARENT INJURY TO HIS HANDS. WHILE TAKING WRITTEN STATEMENTS FROM CO-DEFENDANT MOORE AND DEFENDANT SIMON, I WAS APPROACHED BY A NEIGHBOR WHO LIVES DIRECTLY ACROSS THE STREET FROM 4615 NORTH ELM STREET. THE WITNESS NEIGHBOR WISHED TO REMAIN ANONYMOUS. HE STATED THAT HE WAS ALERTED TO THE INCIDENT DUE TO THE SCREAMING AND YELLING. HE ADVISED THAT HE SAW CO-DEFENDANT MOORE AND DEFENDANT SIMON PHYSICALLY ATTACK VICTIM POWELL AND VICTIM GRIFFIN. THE WITNESS PROVIDED ME WITH HIS TELEPHONE NUMBER AND STATED THAT HE WOULD SPEAK TO ME LATER IN DETAIL IN REFERENCE TO the INCIDENT, BUT DID NOT WANT TO BE SEEN SPEAKING TO ME, FOR FEAR OF RETALIATION. AFTER CO-DEFENDANT MOORE AND DEFENDANT SIMON COMPLETED THEIR WRITTEN STATEMENTS, DEFENDANT SIMON WAS PLACED UNDER ARREST, HANDCUFFED, (DOUBLE LOCKED), BEHIND THE BACK, SECURED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED (ALONG WITH CO-DEFENDANT MOORE) TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WITHOUT INCIDENT. THE DEFENDANTâS BOND WAS SET AT $2,000.00, PER THE BOND SCHEDULE FOR TWO COUNTS OF BATTERY. |
