| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR12-3893) THE DEFENDANT DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO WIT: VICTIM ONEâS RESIDENCE, IN THE COUNTY AND STATE AFORESAID WITHOUT SAID PERSONS CONSENT WITH THE INTENT TO COMMIT THE OFFENSE OF BATTERY THEREIN AND AT THE TIME THERE WERE TWO HUMAN BEINGS IN SAID STRUCTURE AND IN THE COURSE THEREOF, THE DEFENDANT DID COMMIT BATTERY UPON THE VICTIMS BY INTENTIONALLY AND UNLAWFULLY TOUCHING OR STRIKING THE VICTIMS, IN VIOLATION OF FLORIDA STATE STATUTE 810.02(2)(A). ON 112712, THE CITRUS COUNTY SHERIFFâS OFFICE RESPONDED TO 4909 SOUTH CAMP TRAIL IN INVERNESS IN REFERENCE TO A BATTERY THAT HAD JUST OCCURRED. UPON ARRIVAL, CONTACT WAS MADE WITH VICTIM ONE, MS LANOLA SAMPLES, WHO ADVISED THAT WHILE IN HER RESIDENCE WITH A FRIEND OF HERS, LATER IDENTIFIED AS VICTIM TWO, MR GREG NERO, SHE RECEIVED A TELEPHONE CALL FROM HER EX-BOYFRIEND, LATER IDENTIFIED AS THE DEFENDANT, MR RUSSELL BRACKEN. VICTIM SAMPLES ADVISED A SHORT TIME AFTER RECEIVING THE TELEPHONE CALL, VICTIM NERO HEARD THE FRONT DOOR OF THE RESIDENCE OPEN WHILE VICTIM SAMPLES WENT TO LOOK OUT THE WINDOW. VICTIM SAMPLES ADVISED THAT THE DEFENDANT CONFRONTED HER AND VICTIM NERO IN THE BEDROOM WHERE THE DEFENDANT FLIPPED THE BED OVER. VICTIM SAMPLES ADVISED THAT A PHYSICAL ALTERCATION ENSUED AS THE DEFENDANT STRUCK VICTIM NERO SEVERAL TIMES. VICTIM SAMPLES ADVISED THAT WHEN SHE ATTEMPTED TO STOP THE DEFENDANT FROM HITTING VICTIM NERO, SHE WAS ALSO STRUCK IN THE HEAD BY THE DEFENDANT. VICTIM SAMPLES ADVISED THAT JUST PRIOR TO THE DEFENDANT ATTACKING VICTIM NERO, SHE TOLD THE DEFENDANT TO GET OUT OF HER HOUSE NUMEROUS TIMES. VICTIM SAMPLES ALSO STATED SHE TOLD THE DEFENDANT THAT IF HE DID NOT LEAVE HER HOUSE, SHE WOULD CALL THE SHERIFFâS OFFICE. VICTIM SAMPLES ADVISED THAT THE DEFENDANT TOLD HER HE WOULD MAKE IT WORTH HIS WHILE SINCE SHE WAS GOING TO CALL THE POLICE ANYWAY, AT WHICH TIME HE STRUCK VICTIM NERO NUMEROUS TIMES. ON 120512, CONTACT WAS MADE WITH VICTIM NERO WHO CORROBORATED THE STATEMENTS MADE BY VICTIM SAMPLES. ON 122012, I MADE CONTACT WITH VICTIM NERO WHO WAS SHOWN A PHOTO- LINE-UP PACKET WHICH INCLUDED THE DEFENDANT WHOM VICTIM NERO HAD NOT MET BEFORE THE INCIDENT OCCURRED ON 112712. VICTIM NERO VIEWED THE PHOTO-LINE-UP PACKET AND IMMEDIATELY IDENTIFIED THE DEFENDANT AS THE PERSON WHO HAD BROKEN INTO VICTIM SAMPLESâ RESIDENCE AND BEATEN HIM AND VICTIM SAMPLES ON 112712. I THEN RESPONDED TO PAPA JOHNâS RESTAURANT IN INVERNESS AND made CONTACT WITH THE DEFENDANT. I ADVISED THE DEFENDANT THAT HE WAS UNDER ARREST FOR BURGLARY WITH BATTERY. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. PRIOR TO LEAVING PAPA JOHNâS, THE DEFENDANT INVOKED HIS RIGHTS, STATING HE DID NOT WISH TO MAKE ANY STATEMENTS WITHOUT HIS ATTORNEY BEING PRESENT. HOWEVER, HE DID UTTER TO ME, WITHOUT BEING QUESTIONED, THAT âTHIS IS BULLSHIT BECAUSE ON THE NIGHT THIS HAPPENED, IT WAS OUR ANNIVERSARY.â THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, A CRIMINAL HISTORY WAS RUN AND REVEALED THAT THE DEFENDANT HAD PREVIOUSLY BEEN ARRESTED AND CONVICTED OF FOUR SEPARATE COUNTS OF BATTERY. THE DEFENDANT WAS BOOKED AND HELD ON A BOND OF $25,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. |
