| Probable cause affidavit: |
SUBMITTED BY: DAVIS, JAMES 0525 (AR07100775) BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, TO WIT: PUSHING, STRIKING AND TACKLING THE VICTIM(S), IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 121507, I WAS DISPATCHED TO 4969 NORTH WESTERN DRIVE IN REFERENCE TO AN UNKNOWN PHYSICAL DISTURBANCE. UPON ARRIVAL, I MADE CONTACT WITH VICTIM ONE WHO ADVISED THAT ON 121507, SHE AND HER BOYFRIEND HAD BEEN INVOLVED IN A VERBAL ARGUMENT THAT TURNED PHYSICAL. SHE STATED THAT WHEN HER MOTHER (VICTIM TWO) ARRIVED, HER BOYFRIEND KEPT SHOVING HER AND WOULD NOT LET HER LEAVE THE RESIDENCE. THE VICTIM FURTHER STATED THAT HER MOTHER HAD OBSERVED THIS FROM THE FRONT PORCH, AT WHICH TIME, HER MOTHER CAME INSIDE THE RESIDENCE TO PROTECT HER AND UPON TRYING TO PROTECT HER, THE DEFENDANT PUSHED HER MOTHER (VICTIM TWO). VICTIM ONE STATED THE DEFENDANT HAD PUSHED HER AND VICTIM TWO OUT THE DOOR. WHEN THEY WERE OUTSIDE, THE DEFENDANT THEN TACKLED VICTIM ONE, STRIKING HER SEVERAL TIMES THROUGHOUT HER BODY. VICTIM ONE STATED THAT VICTIM TWO ATTEMPTED TO CALL THE POLICE; HOWEVER, THE DEFENDANT TOOK HER CELLULAR TELEPHONE AND THREW IT ON THE GROUND. VICTIM TWO WAS ABLE TO GET HER CELLULAR TELEPHONE WORKING, AT WHICH TIME, SHE MADE CONTACT WITH LAW ENFORCEMENT. UPON THE DEFENDANT LEARNING THAT LAW ENFORCEMENT HAD BEEN CONTACTED, HE WENT INSIDE THE RESIDENCE AND GOT HIS VEHICLE KEYS AND THREW OBJECTS AT VICTIM ONE AND VICTIM TWO, WHICH SHE THOUGHT WERE DEODORANT CONTAINERS. SHE STATED HE THEN GOT IN HIS VEHICLE AND LEFT THE SCENE. I OBSERVED MULTIPLE SCRATCHES AND RED MARKS ON VICTIM ONE'S BACK AND LEGS; HOWEVER, SHE DENIED MEDICAL TREATMENT. I THEN SPOKE WITH VICTIM TWO (VICTIM ONE'S MOTHER) WHO STATED THAT UPON HER ARRIVAL AT THE DEFENDANT'S RESIDENCE, she HONKED THE HORN FOR HER DAUGHTER (VICTIM ONE) TO COME OUTSIDE; HOWEVER, SHE DID NOT COME OUTSIDE. SHE ADVISED SHE THEN TRIED TO BEEP HER DAUGHTER ON HER CELLULAR TELEPHONE; HOWEVER, SHE DID NOT ANSWER THE TELEPHONE. SHE STATED A SHORT TIME LATER, THE DEFENDANT'S MOTHER STEPPED OUTSIDE THE RESIDENCE TO LOOK AT HER AND SHE THEN WENT BACK INSIDE. VICTIM TWO STATED SHE THEN DECIDED TO LEAVE AND WHILE BACKING OUT OF THE DRIVEWAY, VICTIM ONE CONTACTED HER VIA CELLULAR TELEPHONE ADVISING THAT THE DEFENDANT WAS HITTING HER AND NOT LETTING HER OUT OF THE RESIDENCE. AT THAT TIME, VICTIM TWO GOT OUT OF HER VEHICLE AND WENT TO THE FRONT DOOR OF THE RESIDENCE. SHE STATED THAT UPON APPROACHING THE DOOR, SHE HEARD YELLING AND SCREAMING AND WHEN LOOKING IN, SHE OBSERVED THE DEFENDANT CHOKING VICTIM ONE, AT WHICH TIME, SHE WENT INSIDE AND ATTEMPTED TO GET IN BETWEEN VICTIM ONE AND THE DEFENDANT. SHE STATED THE DEFENDANT THEN STRUCK HER AND PUSHED HER AND VICTIM ONE OUT THE FRONT DOOR. VICTIM TWO STATED THAT WHILE IN THE YARD, THE DEFENDANT TRIED TO BREAK HER CELLULAR TELEPHONE WHEN SHE WAS ATTEMPTING TO CALL 9-1-1. VICTIM TWO STATED THAT SHE OBSERVED THE DEFENDANT TACKLE VICTIM ONE, HITTING HER AND SITTING ON TOP OF HER. SHE STATED SHE TRIED TO GET THE DEFENDANT OFF OF VICTIM ONE, BUT HE GOT UP AND SHOVED HER AGAIN. VICTIM TWO ADVISED THAT THE DEFENDANT THEN WENT INSIDE THE RESIDENCE FOR SOMETHING AND THEN THREW SOME TYPE OF ITEM AT HER AND VICTIM ONE. SHE STATED HE THEN GOT IN HIS VEHICLE AND LEFT THE SCENE. I OBSERVED A BRUISE WITH A LARGE LUMP ON THE LEFT WRIST OF VICTIM TWO; HOWEVER, SHE ALSO REFUSED MEDICAL TREATMENT. I PHOTOGRAPHED THE INJURIES TO BOTH VICTIMS WHICH WILL BE TURNED INTO EVIDENCE. I THEN SPOKE TO WITNESS ONE (DEFENDANT'S MOTHER) WHO STATED THAT VICTIM ONE HAD STARTED THROWING THINGS INSIDE THE RESIDENCE WHICH HIT THE DEFENDANT. SHE STATED THAT HE ATTEMPTED TO CALM HER DOWN AND RESTRAIN HER. she STATED THAT VICTIM ONE CAME OUT OF THE ROOM AND WAS THREATENING HER AND THE DEFENDANT THEN GRABBED HER. I THEN ATTEMPTED TO MAKE CONTACT WITH THE DEFENDANT VIA CELLULAR TELEPHONE. ON THE FIRST ATTEMPT, UPON HIM ANSWERING, I IDENTIFIED MYSELF AND ASKED HIM TO RETURN TO THE RESIDENCE AND TELL ME HIS SIDE OF THE STORY; HOWEVER, HE REFUSED AND HUNG UP. A SHORT TIME LATER, I ATTEMPTED TO CALL THE DEFENDANT AGAIN AND UPON SPEAKING WITH HIM, HE AGREED TO RETURN TO THE RESIDENCE AND EXPLAIN HIS SIDE OF THE INCIDENT. WHEN HE RETURNED TO THE RESIDENCE, the DEFENDANT ADVISED ME THAT HE HAD AWAKENED THIS MORNING AND HIS GIRLFRIEND STARTED TALKING "SHIT" TO HIM FOR NO REASON. THE DEFENDANT STATED HE THEN CALLED HER A "BITCH" AT WHICH TIME, SHE GOT "IN HIS FACE " AND STARTED TO THROW THINGS AROUND THE ROOM. THE DEFENDANT STATED HE THEN CALLED VICTIM TWO AND ASKED HER TO COME AND GET HER "CRAZY ASS" DAUGHTER OUT OF HIS HOUSE. THE DEFENDANT FURTHER STATED THAT VICTIM ONE WENT TOWARDS HIS MOTHER AND GOT IN HER MOTHER'S FACE AND PUSHED HER, AT WHICH TIME, HE GRABBED VICTIM ONE TO STOP HER FROM HURTING HIS MOTHER AND WHEN HE DID THAT, VICTIM TWO BURST THROUGH THE FRONT DOOR AND STARTED STRIKING HIM. THE DEFENDANT STATED THAT IS WHEN HE SHOVED BOTH VICTIMS OUT THE FRONT DOOR. THE DEFENDANT FURTHER STATED THIS WAS THE ONLY ACTION HE HAD TAKEN. I THEN SPOKE TO WITNESS TWO WHO STATED THAT HE HAD OBSERVED A SMALL SUV TYPE VEHICLE PULL INTO THE DRIVEWAY ACROSS FROM 4962 NORTH WESTERN DRIVE. THE OCCUPANTS WENT INSIDE THE HOUSE AND ABOUT THREE TO FIVE MINUTES LATER, HE HEARD A LOT OF YELLING COMING FROM THE RESIDENCE. HE STATED THAT ABOUT ONE MINUTE LATER, HE OBSERVED TWO FEMALES AND ONE MALE COMING OUT OF THE RESIDENCE PUSHING AND SHOVING EACH OTHER AND CURSING. HE STATED the ALTERCATION APPEARED TO BE THREE FEMALES AGAINST THE MALE AND ONE OF THE FEMALES CONTINUED SHOVING THE MALE. HE STATED THAT THE DEFENDANT THEN HAD A FEMALE ON THE GROUND AND WHEN HE OBSERVED THE FEMALE GET UP, THERE WAS MORE CURSING AND SCREAMING AT EACH OTHER. HE STATED HE THEN SAW THE MALE GET IN HIS BLUE CAR AND LEAVE THE PREMISES. I THEN SPOKE WITH WITNESS THREE WHO STATED SHE HAD WITNESSED THE DEFENDANT PUSHING VICTIM ONE AND VICTIM TWO. SHE STATED SHE OBSERVED THE DEFENDANT TACKLE OR THROW VICTIM ONE TO THE GROUND. SHE STATED SHE THEN OBSERVED THE DEFENDANT GET IN HIS VEHICLE AND TAKE OFF DOWN THE DRIVEWAY AND IN DOING SO, SHE OBSERVED HIM SWERVE AT VICTIM ONE AS IF HE WERE GOING TO HIT HER. THROUGH MY INVESTIGATION, I OBSERVED TWO DEODORANT CONTAINERS; ONE BEING ON THE FRONT PORCH AND ONE ON THE DRIVEWAY. I OBSERVED SOME PLASTIC PIECES ON THE CONCRETE WHICH APPEARED TO POSSIBLY BELONG TO A CELLULAR TELEPHONE. IT SHOULD BE NOTED THAT AT NO TIME DID THE DEFENDANT'S MOTHER STATE THAT SHE HAD BEEN STRUCK OR PUSHED. SHE ONLY STATED THAT VICTIM ONE HAD THREATENED HER. IT WAS DETERMINED THAT THE DEFENDANT WAS THE FIRST PERSON TO STRIKE THE VICTIMS, AT WHICH TIME, HE WAS PLACED UNDER ARREST, HANDCUFFED BEHIND HIS BACK (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND CHARGED WITH TWO COUNTS OF BATTERY, WITH TOTAL BOND SET AT $1,000.00 PER THE BOND SCHEDULE. ALL PARTIES PROVIDED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED INTO RECORDS. *NOT-EXEMPT* |
