| Probable cause affidavit: |
SUBMITTED BY: RICCI, ANTHONY 0606 (AR14-9435) 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: SPIT IN THE VICTIM'S FACE AND KICKED HIM IN HIS BACK IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 031014, AT THE BEGINNING OF SHIFT I MADE CONTACT WITH DEPUTY SETTLES. SHE ADVISED THAT WHILE SHE WAS INVESTIGATING A DISTURBANCE THAT OCCURRED AT Z-ROX BAR SHE MADE CONTACT WITH THE VICTIM. HE STATED THAT HE WAS KICKED IN THE BACK BY HIS EX-GIRLFRIEND/DEFENDANT ONE, MS THERESA CANNELLA, DURING AN ALTERCATION AT Z-ROX PLACE ON 030914. THE VICTIM STATED THAT HE WAS ALSO STRUCK IN THE FACE BY DEFENDANT CANNELLAâS BOYFRIEND/DEFENDANT TWO, MR JOSEPH VANDEE, WHICH RESULTED IN INJURIES TO HIS RIGHT EYE AND CAUSED HIM TO GO UNCONSCIOUS. I THEN PROCEEDED TO Z-ROX PLACE AND MADE CONTACT WITH THE BAR OWNER, MS JESSICA GAITHER, WHO WAS FAMILIAR WITH THE INCIDENT. SHE STATED THAT SHE WAS NOT PRESENT DURING THE ALTERCATION; HOWEVER SHE HEARD FROM THE BARTENDER THAT WORKED THAT DAY/WITNESS, MS ASHLEY MARTIN THAT AN ALTERCATION OCCURRED AT THE BAR. MS GAITHER THEN ASSISTED ME IN VIEWING SURVEILLANCE FOOTAGE AND STATED THAT SHE KNEW THE VICTIM AND BOTH OF THE DEFENDANTS AS REGULAR PATRONS. UPON VIEWING A SEGMENT OF THE VIDEO, SHE POINTED OUT THE THREE INDIVIDUALS. SHE POINTED TOWARDS THE VICTIM THAT WAS SEATED AT THE BAR AND BOTH OF THE DEFENDANTS WHO WERE SEATED AT A TABLE. DEFENDANT CANNELLA THEN APPROACHED THE VICTIM AT THE BAR AND APPEARED TO BE AGITATED AND YELLING IN HIS FACE. DEFENDANT CANNELLA WAS THEN ESCORTED OUT THE FRONT DOOR BY HER BOYFRIEND, DEFENDANT VANDEE. DEFENDANT CANNELLA WAS WITNESSED COMING BACK INTO THE BAR AND AGAIN ARGUED WITH THE VICTIM WHO WAS STILL SEATED AT THE BAR. SHE APPEARED AGITATED AND YELLING AT THE VICTIM. DEFENDANT CANNELLA WAS THEN SEEN SPITTING IN THE VICTIM'S FACE AND DEFENDANT VANDEE WAS SEEN ESCORTING HER OUT OF THE BAR AGAIN. A SHORT TIME LATER, DEFENDANT CANNELLA CAME BACK INTO THE BAR, THIS TIME BEING STOPPED BY A PERSON NAMED BECKY, WHO THE BAR OWNER STATED IS A BARTENDER AT A BAR NAMED MICKEYâS. THIS PERSON WAS SEEN ATTEMPTING TO STOP DEFENDANT CANNELLA IN ENGAGING IN ARGUMENT WITH THE VICTIM FOR A THIRD TIME. DEFENDANT CANNELLA EVENTUALLY MADE IT PAST THIS PERSON AND MADE CONTACT WITH THE VICTIM WHO WAS STILL SEATED AT THE BAR. WHEN THE VICTIM WAS FACED AWAY FROM DEFENDANT CANNELLA, SHE KICKED HIM IN THE BACK. DEFENDANT VANDEE THEN ESCORTED DEFENDANT CANNELLA AWAY FROM THE BAR AGAIN. A SHORT TIME LATER, THE VICTIM WAS SEEN SEATED AT THE BAR AND A FEW MOMENTS LATER HE GOT UP, WHERE IT APPEARED THAT HE WAS BEING ASKED TO COME OUTSIDE. THE VICTIM WAS THEN SEEN GOING OUT THE FRONT DOOR TO THE FRONT ENTRYWAY. THE OWNER STATED THAT THERE IS NO CAMERA FOOTAGE FOR THE ENTRYWAY; HOWEVER THE BARTENDER STATED THAT SHE WITNESSED DEFENDANT VANDEE PUNCH THE VICTIM, KNOCKING HIM UNCONSCIOUS. I THEN MADE CONTACT WITH BARTENDER/WITNESS MARTIN, WHO DESCRIBED THE INCIDENT WITNESSED ON THE VIDEO TAPE; HOWEVER ADDED THAT WHEN SHE SAW THE VICTIM LEAVE THE FRONT DOOR SHE WAS AT THE BAR, IN VIEW OF THE FRONT DOOR AND THE AREA OUTSIDE. SHE THEN WITNESSED DEFENDANT VANDEE PUNCH THE VICTIM IN THE FACE, KNOCKING HIM UNCONSCIOUS. SHE STATED THAT THERE APPEARED TO BE AN ARGUMENT BETWEEN THE VICTIM AND DEFENDANT VANDEE PRIOR TO HIM BEING PUNCHED. SHE THEN PROCEEDED OUTSIDE TO ASSIST THE VICTIM. SHE ADVISED THAT BOTH DEFENDANTS LEFT THE PREMISES. I THEN PROCEEDED TO 5561 WEST RIVERBEND ROAD, WHERE I MADE CONTACT WITH BOTH OF THE DEFENDANTS. DEFENDANT VANDEE INVITED ME INSIDE OF THE RESIDENCE AND I MADE CONTACT WITH DEFENDANT CANNELLA. SHE ADVISED THAT ON 030914, SHE PROCEEDED TO Z-ROX PLACE AND UPON ARRIVAL SHE SAW THE VICTIM, WHO WAS AN EX-BOYFRIEND THAT SHE HAS PROBLEMS WITH. SHE STATED THAT SHE THEN PROCEEDED TOWARDS A TABLE THAT WAS AWAY FROM THE VICTIM. SHE ADVISED THAT WHILE SHE WAS AT THE BAR THE VICTIM WAS ARGUING WITH HER. SHE STATED THAT WHEN SHE PROCEEDED OUTSIDE OF THE BAR, THE VICTIM CHOKED HER AND IT WAS AT THIS POINT THAT DEFENDANT VANDEE PUNCHED THE VICTIM IN THE FACE. I THEN ASKED DEFENDANT CANNELLA IF SHE HAD AN ALTERCATION WITH THE VICTIM INSIDE OF THE BAR AND SHE STATED NO. I ASKED DEFENDANT CANNELLA IF SHE CONTACTED LAW ENFORCEMENT IN REFERENCE TO HER ALLEGATIONS OF BEING CHOKED AND SHE ADVISED THAT SHE DID NOT. I ADVISED HER THAT I HAD OBSERVED VIDEO SURVEILLANCE OF HER KICKING AND SPITTING IN THE VICTIM'S FACE AND THERE WAS ALSO A WITNESS THAT DESCRIBED THIS INCIDENT, AT WHICH TIME SHE STATED THAT SHE DID NOT REMEMBER. DEFENDANT VANDEE STATED THAT HE WITNESSED DEFENDANT CANNELLA AND THE VICTIM ENGAGE IN AN ALTERCATION AT THE BAR. HE ADVISED THAT THEY LEFT THE BAR AND THE VICTIM FOLLOWED, WHERE HE WITNESSED THE VICTIM ATTEMPT TO CHOKE DEFENDANT CANNELLA AND DEFENDANT VANDEE THEN PUNCHED THE VICTIM. BOTH DEFENDANTS WERE ADVISED THAT THEY WERE BEING PLACED UNDER ARREST FOR BATTERY. THEY WERE BOTH HANDCUFFED (DOUBLE LOCKED), BEHIND THEIR BACK, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. BOTH OF THEIR BONDS WERE SET AT $500.00 PER THE BOND SCHEDULE. A COPY OF THE SURVEILLANCE VIDEO WILL BE TURNED INTO EVIDENCE. WITNESS MARTIN PROVIDED ME WITH A SWORN WRITTEN STATEMENT WHICH WAS COLLECTED AND WILL LATER BE TURNED IN TO RECORDS. DEPUTY SETTLES STATED THAT THE VICTIM PROVIDED HER WITH A SWORN WRITTEN STATEMENT WHICH WAS COLLECTED AND WILL LATER BE TURNED IN TO RECORDS. |
