| Probable cause affidavit: |
SUBMITTED BY: MORAN, GREG 1246 (AR13-8303) 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 STRUCK THE VICTIM IN THE RIGHT UPPER ARM WITH A CLOSED FIST, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 121113, I WAS DISPATCHED TO 11 FREESIA COURT, IN HOMOSASSA, AS BACKUP FOR SERGEANT CONLEY, IN REFERENCE TO A PHYSICAL DISTURBANCE. UPON MY ARRIVAL, I MADE CONTACT WITH SERGEANT CONLEY, AT WHICH TIME, HE ADVISED ME THAT THE DEFENDANT, MR THOMAS WILLIAM NICHOLS, ALONG WITH THE VICTIM, MS ANTONEE DENEEN TOWNSEND, HAD BEEN IN A VERBAL ARGUMENT OVER THE VICTIMâS DOG. THE VERBAL ARGUMENT BECAME PHYSICAL, DUE TO THE DEFENDANT STRIKING THE VICTIM IN THE ARM. I MADE CONTACT WITH THE VICTIM, SHE STATED THAT SHE HAD BEEN OUTSIDE LOOKING FOR HER DOG, AT WHICH TIME, SHE OBSERVED HER DOG AT THE DEFENDANTâS RESIDENCE. AS SHE WAS CALLING THE DOGâS NAME IT CAME RUNNING TOWARDS HER. THE VICTIM STATED THAT THE DEFENDANT THEN BEGAN YELLING AT HER CALLING HER A âGHETTO BITCHâ AND A âBLACK BITCHâ. THE VICTIM BEGAN WALKING TOWARDS THE DEFENDANT, AT WHICH TIME, THE DEFENDANT WAS CALLING HER NAMES THE WHOLE TIME. THE VICTIM ASKED THE DEFENDANT TO STOP CALLING HER NAMES. THE VICTIM STATED AS SHE APPROACHED THE DEFENDANT, HE YELLED âDONâT YOU HIT MEâ, AT WHICH TIME, THE VICTIM STATED TO THE DEFENDANT THAT SHE WAS NOT GOING TO HIT HIM. THE DEFENDANT THEN SWUNG AND HIT THE VICTIM IN HER RIGHT SHOULDER WITH A CLOSED FIST. THE DEFENDANT KEPT APPROACHING THE VICTIM IN AN AGGRESSIVE MANNER, SO SHE DEFENDED HERSELF AND PUSHED HIM AWAY AND RETURNED TO HER RESIDENCE. SHE COMPLETED A SWORN WRITTEN STATEMENT THAT WAS LATER TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. I MADE CONTACT WITH THE DEFENDANT, AT WHICH TIME, I ASKED HIM TO TELL ME WHAT HAD OCCURRED. THE DEFENDANT STATED THAT HE WAS OUTSIDE REPAIRING THE SPRINKLERS ON THE SIDE OF HIS RESIDENCE. HE WENT IN TO HIS GARAGE WHERE HE FOUND THE VICTIMâS WHITE DOG URINATING ON HIS TRASHCAN. THE DEFENDANT STATED HE YELLED AT THE DOG TO GET OUT OF THE GARAGE. THE DEFENDANT ADVISED THAT THIS WAS NOT THE FIRST TIME THAT THE DOG HAS RELIEVED ITSELF ON HIS PROPERTY. THE DEFENDANT STATED THAT HE OBSERVED THE VICTIM TWO HOUSES DOWN. THE DEFENDANT HOLLERED AT HER TO GET HER DOG OFF OF HIS PROPERTY. THE DEFENDANT AND THE VICTIM THEN BEGAN A VERBAL ENCOUNTER, AT WHICH TIME, HE CALLED HER âGHETTOâ AND SHE CALLED HIM âCRACKERâ. THE VICTIM THEN RAN FROM HER RESIDENCE AND CHASED HIM AROUND HIS YARD. THE VICTIM THEN CAME AT HIM WITH HER FINGERS AND HAND HITTING HIM IN THE FACE. THE DEFENDANT TRIED TO PUSH THE VICTIM AWAY, HOWEVER SHE KEPT SWINGING HER HANDS AT HIM. THE DEFENDANT THEN COMPLETED A SWORN WRITTEN STATEMENT THAT WAS LATER TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. I OBSERVED BRUISES TO THE VICTIMâS UPPER ARM WHICH WAS CONSISTENT TO HER STATEMENT. I ALSO OBSERVED A SCRATCH ON THE LEFT SIDE OF THE DEFENDANTâS FACE. PHOTOGRAPHS WERE TAKEN OF THE VICTIM AND THE DEFENDANT, SEE CRIME SCENE TECHNICIAN REPORT. I MADE CONTACT WITH WITNESS ONE, MS SHANNON CONLEY, WHO STATED THAT SHE WITNESSED TWO OF HER NEIGHBORS ARGUING. SHE HEARD THE DEFENDANT SCREAM RACIAL SLURS AT THE VICTIM FROM DOWN THE ROAD. WITNESS ONE STATED THE DEFENDANT WAS UPSET ABOUT THE VICTIMâS DOG URINATING IN HIS GARAGE. THE RACIAL SLURS UPSET THE VICTIM WHICH CAUSED HER TO WALK TOWARDS THE DEFENDANTâS RESIDENCE. WHILE THE VICTIM WAS STANDING ON THE DEFENDANTâS DRIVEWAY THE DEFENDANT KEPT SCREAMING MORE RACIAL SLURS AND THE DEFENDANT THEN YELLED âDONâT HIT MEâ. WITNESS ONE ADVISED THE VICTIM DID NOT ATTEMPT TO OR STRIKE THE DEFENDANT. WITNESS ONE STATED SHE OBSERVED THE DEFENDANT SWING HIS LEFT ARM AND STRIKE THE VICTIM ON HER UPPER RIGHT ARM. IN AN ATTEMPT TO DEFEND HERSELF THE VICTIM PUSHED THE DEFENDANT BACK NEAR HIS CHEST AREA, AT WHICH TIME, THE DEFENDANT THEN PUSHED THE VICTIM BACK. WITNESS ONE STATED SHE STARTED RUNNING IN THE DIRECTION OF THE RESIDENCE YELLING AT THEM TO âSTOP FIGHTINGâ. WITNESS ONE STATED TO the DEFENDANT SHE SAW HIM STRIKE THE VICTIM. JUVENILE WITNESS TWO, MS JORDAN CONLEY, CORROBORATED WITNESS ONEâS STATEMENT. BOTH WITNESSES COMPLETED SWORN WRITTEN STATEMENTS, WHICH WERE LATER TURNED OVER TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. THE VICTIM WAS PROVIDED AN AGENCY CASE CARD BEARING MY NAME AND THIS CASE NUMBER. I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR BATTERY, DUE TO WITNESSES STATEMENTS THAT HE WAS THE PRIMARY AGGRESSOR. THE DEFENDANT WAS HANDCUFFED IN THE BACK (DOUBLE LOCKED). THE DEFENDANT WAS SEARCHED AND PLACED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE |
