| Probable cause affidavit: |
SUBMITTED BY: LABRADOR-CORTES, JOE 0200 (AR11123021) 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: DEFENDANT STRUCK THE VICTIM AND PUT HIS HANDS AROUND THE VICTIM'S THROAT, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 100411, AT APPROXIMATELY 1030 HOURS, THE DEFENDANT, MR RUSTY OLIVER, AND THE VICTIM, MR QUINTON ROSS, AS WELL AS SOME WITNESSES WERE ALL PART OF A DEPENDENCY HEARING IN FRONT OF JUDGE SANDY KAUTZ. AFTER A BRIEF RECESS I WAS INSIDE OF COURT ROOM E, AT WHICH TIME I HEARD SOME YELLING AND SCREAMING OUTSIDE OF THE COURTROOM IN THE HALLWAY. AS I EXITED THE COURTROOM, I IMMEDIATELY LOOKED TO MY RIGHT AND SAW THE DEFENDANT, THE VICTIM, AND OTHER SUBJECTS ENGAGED IN A PHYSICAL ALTERCATION. THE DEFENDANT AND VICTIM HAD EACH OTHER IN A BEAR HUG AND BOTH WERE SWINGING AT EACH OTHER. WHEN I MADE CONTACT WITH BOTH SUBJECTS I GRABBED THE VICTIM WITH MY LEFT HAND, PUSHED THE DEFENDANT OFF THE VICTIM, AND AT THAT TIME THE VICTIM WAS TAKEN TO THE GROUND, AS IT WAS NOT ESTABLISHED WHO THE PRIMARY AGGRESSOR WAS. BOTH THE VICTIM AND THE DEFENDANT WERE HANDCUFFED UNTIL FURTHER INVESTIGATION. I MADE CONTACT WITH THE VICTIM, WHO ADVISED THAT BOTH HE AND THE DEFENDANT'S FAMILY WERE ARGUING BACK AND FORTH IN REFERENCE TO A DEPENDENCY CASE AND THAT THE DEFENDANT ADVANCED TOWARD HIM FIRST, GRABBING HIM AND PUSHING HIM UP AGAINST THE WALL. I WAS ADVISED BY AN INDEPENDENT WITNESS, WHO HAPPENS TO BE A LOCAL ATTORNEY, ATTORNEY JOE INDELICATO, THAT BOTH THE DEFENDANT AND THE VICTIM, AS WELL AS THE DEFENDANT'S FAMILY WERE ARGUING AND SCREAMING BACK AND FORTH AT EACH OTHER IN REFERENCE TO THE DEPENDENCY CASE. THE WITNESS ADVISED ME THAT THE DEFENDANT ADVANCED TOWARD THE VICTIM AND PLACED HIS HANDS ON THE VICTIM FIRST, AT WHICH TIME, BOTH SUBJECTS BEGAN SWINGING ON EACH OTHER. AT THIS TIME I MADE CONTACT WITH THE DEFENDANT, WHO WAS BEING DETAINED. I READ THE DEFENDANT HIS MIRANDA WARNINGS VIA PREPRINTED CARD, AND ASKED THE DEFENDANT IF HE WISHED TO SPEAK WITH ME IN REFERENCE TO THIS INCIDENT. THE DEFENDANT ADVISED HE DID WISH TO SPEAK WITH ME AND STATED BOTH THE VICTIM AND HIS FAMILY WERE ARGUING BACK AND FORTH IN REFERENCE TO A DEPENDENCY CASE WHICH THEY ARE ALL INVOLVED IN. THE DEFENDANT STATED THAT THE VICTIM ADVANCED TOWARD HE AND HIS BROTHER IN LAW, AND HE STATED HE WENT ON THE DEFENSIVE MODE TO PROTECT HIMSELF. I ASKED THE DEFENDANT IF THE VICTIM SWUNG AT HIM, TO WHICH HE ADVISED THAT THE VICTIM STARTED SWINGING ON HIM AND HIS BROTHER-IN-LAW FIRST. BASED ON THE FACT THAT THE DEFENDANT PLACED HIS HANDS ON THE VICTIM FIRST, HE WAS PLACED UNDER ARREST FOR SIMPLE BATTERY AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT'S INFORMATION WAS RUN THROUGH FCIC/NCIC AND HE HAS NO CRIMINAL HISTORY. THEREFORE, THE DEFENDANT, MR RANDY OLIVER, WILL BE RELEASED ON HIS OWN RECOGNIZANCE. "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* |
