| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR11123933) THE DEFENDANT DID WANTONLY AND MALICIOUSLY SHOT AT OR THREW A MISSILE OR HURLED OR PROJECTED A STONE OR OTHER HARD SUBSTANCE, WHICH COULD PRODUCE DEATH OR GREAT BODILY HARM, AT OR WITHIN ANY OCCUPIED BUILDING OR VEHICLE, TO WIT: A BATTERY, IN VIOLATION OF FLORIDA STATE STATUTE 790.19. ON 121311, I WAS DISPATCHED TO THE AREA OF US HIGHWAY 19 AND CYPRESS BOULEVARD IN HOMOSASSA IN REFERENCE TO A DISTURBANCE. THE COMPLAINANT, MR NICHOLAS BOUDREAU, ADVISED HE WAS BEING CHASED BY A BLUE JEEP CHEROKEE SPORT UTILITY VEHICLE. CANINE DEPUTY VIGGIANO OBSERVED THE SUSPECT VEHICLE SPEEDING ON US HIGHWAY 19 AND CONDUCTED A TRAFFIC STOP AT US HIGHWAY 19 AND CYPRESS BOULEVARD. THE COMPLAINANT ADVISED HE WOULD BE WAITING AT THE CUMBERLAND FARMS CONVENIENCE STORE FOR A DEPUTY. I MADE CONTACT WITH THE COMPLAINANT AND ASKED HIM WHAT HAD OCCURRED. HE ADVISED THAT HE WAS DRIVING TO A RESIDENCE IN SUGARMILL WOODS TO DROP OFF A PASSENGER AND UPON DRIVING PAST THE RESIDENCE, A BLUE JEEP LEFT THAT RESIDENCE AND BEGAN CHASING HIS VEHICLE. HE ADVISED THAT WHILE HIS VEHICLE WAS STOPPED AT THE INTERSECTION OF US HIGHWAY 19 AND US HIGHWAY 98 IN HOMOSASSA, WHILE IN THE LEFT TURN LANE, HE OBSERVED THE SUSPECT VEHICLE PULL UP ON THE RIGHT SIDE OF HIS VEHICLE. THE COMPLAINANT ADVISED THAT THE DRIVER'S WINDOW WAS DOWN AND THE DRIVER, MS CHARLENE HUGHES, WAS YELLING FOR THEM TO GET OUT OF THE VEHICLE SO THEY COULD FIGHT. THE COMPLAINANT STATED HE THEN HEARD SOMETHING STRIKE HIS VEHICLE, AT WHICH TIME HE CONTINUED DRIVING AND CONTACTED THIS AGENCY. ABOVE THE REAR PASSENGER SIDE DOOR, I OBSERVED TWO SMALL DENTS AND A SPOT WHERE THE PAINT HAD BEEN CHIPPED OFF WHICH APPEARED TO BE FRESH DAMAGE. I THEN MADE CONTACT WITH THE COMPLAINANT'S PASSENGERS; MS CHELSEA LANSBERRY, MR CODY DANIELSON AND MS SHANTELLE LANSBERRY, ALL OF WHOM ADVISED THEY HEARD AN OBJECT STRIKE THE VEHICLE WHILE MS HUGHES WAS YELLING AT THEM. OF THE OCCUPANTS OBSERVED THE DEFENDANT, MR RYAN PHILLIPS, THROW THE OBJECT, HOWEVER, ALL ADVISED THEY WERE POSITIVE THAT AN OCCUPANT OF MS HUGHES'S VEHICLE DID THROW AN OBJECT WHICH STRUCK THEIR VEHICLE. THE COMPLAINANT COMPLETED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. THE COMPLAINANT INDICATED IN HIS WRITTEN STATEMENT THAT HE WISHED TO PURSUE CHARGES. THE PASSENGERS OF THE COMPLAINANT'S VEHICLE DID NOT WISH TO COMPLETE STATEMENT FORMS. I THEN MADE CONTACT WITH THE SUSPECT VEHICLE. I FIRST SPOKE WITH MS HUGHES AND ASKED HER WHO HAD THROWN AN OBJECT AT THE OTHER VEHICLE. SHE ADVISED THAT THE PASSENGER/DEFENDANT THREW A BATTERY, HOWEVER, SHE STATED SHE DID NOT BELIEVE IT HAD STRUCK THE VEHICLE. I THEN made CONTACT WITH MR PHILLIPS AND ASKED HIM WHAT HAD OCCURRED. HE ADVISED THAT WHILE THE COMPLAINANT'S VEHICLE HAD BEEN STOPPED, HE WAS ANGRY AND THREW A BATTERY AT THE COMPLAINANT'S VEHICLE. HE ALSO ADVISED THAT HE BELIEVED THE BATTERY HAD NOT STRUCK THE OTHER VEHICLE. MS HUGHES'S OTHER PASSENGERS, MS CHELSEA GIBSON AND MS MELISSA REEVES, DID NOT WISH TO COMPLETE WRITTEN STATEMENTS. HOWEVER, THEY DID CORROBORATE THAT MR PHILLIPS HAD THROWN A BATTERY OUT OF THE VEHICLE. I ADVISED MR PHILLIPS THAT THE OBJECT HE HAD THROWN HAD, IN DEED, STRUCK THE COMPLAINANT'S VEHICLE AND THAT HE WOULD BE CHARGED WITH THROWING A DEADLY MISSILE AT AN OCCUPIED VEHICLE. MR PHILLIPS AND MS HUGHES COMPLETED SWORN WRITTEN STATEMENTS WHICH WERE ALSO TURNED IN TO RECORDS. THE COMPLAINANT WAS ISSUED AN AGENCY CARD BEARING MY NAME AND THIS CASE NUMBER. PHOTOGRAPHS OF THE DAMAGE TO HIS VEHICLE WERE TAKEN. SEE ID SERVICES REPORT. MR PHILLIPS WAS ARRESTED, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS BOOKED AND RELEASED ON HIS OWN RECOGNIZANCE, DUE TO HIS COOPERATION. CANINE DEPUTY VIGGIANO ISSUED MS HUGHES A CITATION FOR UNLAWFUL SPEED. "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* |
