Probable cause affidavit: |
SUBMITTED BY: LABELLE, JONATHAN 0385 (AR08102903) 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: PUNCHING AND PUSHING, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 042608, AT APPROXIMATELY 0012 HOURS, I RESPONDED TO THE PORT HOTEL, LOCATED AT 1610 SOUTHEAST PARADISE CIRCLE EAST IN CRYSTAL RIVER, IN REFERENCE TO A DISTURBANCE IN PROGRESS. UPON ARRIVAL, I WAS MET BY A WHITE FEMALE, LATER IDENTIFIED AS WITNESS TWO, AT THE FRONT DOOR OF THE LOBBY. WITNESS TWO APPEARED TO BE INTOXICATED AND HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HER BREATH, APPEARED TO BE UNSTEADY ON HER FEET, AND WAS ALSO SLURRING HER WORDS. AT THE SAME TIME, A BLACK MALE, LATER IDENTIFIED AS THE VICTIM, ALSO CAME OUT THE FRONT DOOR OF THE LOBBY AND ATTEMPTED TO SPEAK WITH ME. CORPORAL BONURA ARRIVED ON SCENE AND I DIRECTED WITNESS TWO, ALONG WITH THE DEFENDANT, SAMUEL HARTONG, TO GO OVER TO SPEAK WITH HIM WHILE I SPOKE WITH THE VICTIM. THE VICTIM ADVISED THAT HE WAS IN THE FRONT LOBBY OF THE HOTEL WARMING UP SOME FOOD WHEN THE DEFENDANT CAME IN AND BEGAN ARGUING WITH HIM ABOUT SOMETHING THAT WAS ALLEGEDLY SAID TO WITNESS TWO. THE VICTIM STATED THAT THE DEFENDANT THEN BEGAN TO HIT HIM WITH A CLOSED FIST. THE VICTIM ADVISED THAT HE WAS ABLE TO PUSH THE DEFENDANT OFF OF HIM, AT WHICH TIME, BOTH THE DEFENDANT AND WITNESS TWO AGAIN BEGAN TO STRIKE HIM. I THEN MADE CONTACT WITH WITNESS ONE, AN EMPLOYEE OF THE PORT HOTEL. HE ADVISED THAT HE WAS WORKING AT THE FRONT DESK OF THE LOBBY WHILE THE VICTIM WAS WARMING UP HIS FOOD. WITNESS ONE STATED THAT HE OBSERVED A WHITE MALE, THE DEFENDANT, AND A WHITE FEMALE, WITNESS TWO, ENTER THE LOBBY, AT WHICH TIME THE DEFENDANT BEGAN TO ACCUSE THE VICTIM OF "TALKING SHIT" TO HIS WIFE, WITNESS TWO. WITNESS ONE FURTHER ADVISED THAT THE VICTIM DENIED KNOWING WITNESS TWO AND DENIED MAKING ANY STATEMENTS TO WITNESS TWO. WITNESS ONE ADVISED THAT IT WAS THEN THAT THE DEFENDANT CORNERED THE VICTIM AGAINST THE COUNTER IN THE LOBBY AND BEGAN PUNCHING THE VICTIM. WITNESS ONE ADVISED THAT THE VICTIM ATTEMPTED TO DEFEND HIMSELF BY SLAPPING BACK AT THE DEFENDANT, AND THE TWO FELL TO THE FLOOR WHILE CONTINUING TO HIT EACH OTHER. WITNESS ONE STATED THAT THEY FINALLY GOT UP FROM THE FLOOR AND SEPARATED WHEN WITNESS TWO BEGAN ACCUSING THE VICTIM OF KILLING HER DAUGHTER, AT WHICH TIME SHE RUSHED TOWARDS THEM, AND THE VICTIM SLAPPED HER AWAY. THE DEFENDANT THEN STARTED PUNCHING THE VICTIM AGAIN, BEFORE THEY WERE FINALLY SEPARATED. THAT IS WHEN WITNESS ONE CALLED 911. WITNESS ONE ADVISED THAT THE DEFENDANT WAS CLEARLY THE AGGRESSOR. I THEN MADE CONTACT WITH WITNESS TWO. SHE ADVISED THAT SHE AND THE DEFENDANT HAD SEEN THE VICTIM IN THE LOBBY OF THE HOTEL AND THAT THE VICTIM HIT HER IN THE HEAD AND PUSHED HER DOWN, INJURING HER RIGHT FOREARM. SHE ALSO SAID THAT THE VICTIM THREATENED HER AND THE DEFENDANT WITH A GUN. THE DEFENDANT ADVISED THAT THEY WERE APPROACHED BY THE VICTIM OUTSIDE OF TH TIKI BAR, WHERE THE VICTIM TRIED TO INVOKE AN ARGUMENT. THE DEFENDANT STATED THAT THE VICTIM SWUNG AT HIM FIRST AND THAT HE ONLY DEFENDED HIMSELF BY HITTING THE VICTIM. THE DEFENDANT ALSO ADVISED THAT THE VICTIM HAD THREATENED HIM AND WITNESS TWO WITH A GUN. WITNESS ONE STATED THAT HE NEVER HEARD MENTION OF A FIREARM, AND THAT HE HAD NOT SEEN THE VICTIM STRIKE WITNESS TWO OR KNOCK HER DOWN EXCEPT FOR WHEN HE WAS DEFENDING HIMSELF. THE DEFENDANT WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |