| Probable cause affidavit: |
SUBMITTED BY: FAHERTY, JOSEPH 0245 (13-173189) (AR13-8416) (0133) 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: THE DEFENDANT MADE CONTACT BY HOLDING THE VICTIM DOWN FORCEFULLY, AGAINST HIS WILL IN A BUS SEAT, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 121913, AT 1253 HOURS, THIS DEPUTY MADE CONTACT WITH DEPUTY CARL WHITTON, VIA TELEPHONE. DEPUTY WHITTON HAD PRIOR KNOWLEDGE THAT THIS DEPUTY HAD PROBABLE CAUSE TO ARREST THE DEFENDANT, MR SCOTT POWELL, FOR SIMPLE BATTERY. DEPUTY WHITTON WAS ALSO IN THE PROCESS OF SERVING AN INJUNCTION ON THE DEFENDANT, MR SCOTT POWELL, WHEN HE INFORMED MR POWELL, THAT HE WAS BEING ARRESTED FOR BATTERY. DEPUTY WHITTON THEN TRANSPORTED MR POWELL TO THE CITRUS COUNTY DETENTION FACILITY IN THE REAR OF HIS PATROL VEHICLE. UPON MAKING CONTACT AT THE CITRUS COUNTY DETENTION FACILITY WITH THE DEFENDANT, I INFORMED HIM HE WAS BEING PLACED UNDER ARREST FOR SIMPLE BATTERY WHICH OCCURRED ON 121713 WHILE EN ROUTE FROM THE CRYSTAL RIVER HIGH SCHOOL TO HIS RESIDENCE. I ADVISED THE DEFENDANT THAT BASED ON MY INVESTIGATION AND VIEWING OF THE BUS VIDEO TAPE, I DID IN FACT HAVE PROBABLE CAUSE FOR HIS ARREST. I READ MIRANDA VIA CARD TO THE DEFENDANT AND HE ADVISED HE UNDERSTOOD AND DID WISH TO SPEAK TO ME. THE DEFENDANT STATED HE UNDERSTOOD THE ARREST AND THAT IT COULD HAVE BEEN PREVENTED IF HE HAD NEVER LEFT THE REAR SEAT OF THE BUS TO MAKE CONTACT WITH THE VICTIM WHO WAS SITTING IN THE SECOND SEAT FROM THE FRONT OF THE BUS. I STATED I WITNESSED THE DEFENDANT ON THE VIDEO TAPE LEAVE HIS SEAT AND FORCEFULLY JUMP IN THE SEAT OF THE VICTIM AND THE NEXT THING I WITNESSED WAS HIM HOLDING THE JUVENILE DOWN AND THE VICTIM THEN STATING, âGET YOUR FUCKING HANDS OFF ME, YOUâRE HURTING ME.â THE DEFENDANT THEN STATED TO THE VICTIM ON THE BUS THAT HE KNOWS THE LAW, THAT HE WILL NOT BE ARRESTED FOR THIS AND THAT HE WILL HAVE THE VICTIM ARRESTED FOR COMMITTING BATTERY ON HIM. THE DEFENDANT ALSO STATED THAT IF HE IS ARRESTED, HE IS âGOING TO MAKE IT WORTH THEIR WHILEâ. AFTER A FEW MINUTES, THE DEFENDANT GOT UP FROM HIS SEAT TO RETURN TO THE REAR OF THE BUS, AT WHICH TIME HE STATED, âI KNOW WHERE YOU LIVE, IâM GONNA FUCK UP YOUR HOUSE.â THE DEFENDANT AGREED ALL STATEMENTS I INFORMED HIM OF WERE TRUE; HOWEVER, HE DID STATE THAT THE JUVENILE DID HIT HIM IN THE EYE AND HE WAS ONLY HOLDING HIM BECAUSE HE WAS GETTING ANGRY. THE DEFENDANT WAS INFORMED THAT THE INITIAL CONTACT DOES, IN FACT, EQUATE TO BATTERY AND IF HE HAD NEVER LEFT HIS BUS SEAT HE WOULD NOT BE SITTING IN JAIL AT THIS TIME. I ADVISED THE DEFENDANT HIS BOND IS SET AT $500.00 PER THE BOND SCHEDULE. THE DVD WILL BE PLACED INTO EVIDENCE. |
