| Probable cause affidavit: |
SUBMITTED BY: MERRITT, JAMES 0757 (AR12-3450) 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: PUSHED AND GRABBED THE VICTIM, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). ON 110912, I RESPONDED TO 14035 WEST RIVER ROAD, INGLIS, LOT 11; WHICH IS THE BIG OAKS RIVER RESORT, IN REFERENCE TO A PHYSICAL DISTURBANCE WHICH HAD ALREADY OCCURRED. UPON MY ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR STEPHEN J GORDLEY. THE VICTIM ADVISED THAT PRIOR TO MY ARRIVAL, HE HAD GONE OVER TO HIS FRIENDâS RESIDENCE, LOCATED AT LOT 11 OF THE BIG OAKS RIVER RESORT, BECAUSE HE HAD WANTED TO SHOW HIM A FISH HE HAD CAUGHT. THE VICTIM ADVISED THAT HE MET WITH HIS FRIEND, LATER IDENTIFIED AS THE DEFENDANT, MR VINCENT ERWIN ROGERS, AND SHOWED HIM THE FISH. THE VICTIM ADVISED THAT THEY TALKED BRIEFLY ABOUT THE FISH AND WHAT TYPE OF FISH IT MIGHT BE. HE STATED THAT THE DEFENDANT THEN BECAME VERBALLY AGGRESSIVE, AND ASKED THE VICTIM IF HE, âWANTED TO DANCE.â THE VICTIM STATED THAT HE TOLD THE DEFENDANT THAT HE DID NOT, AND THE DEFENDANT THEN TOLD HIM, âFUCK YOU,â REPEATEDLY. THE VICTIM STATED THAT HE THEN REPLIED WITH, âFUCK YOU,â TO THE DEFENDANT; AND TOLD HIM THAT HE WAS GOING TO LEAVE. THE VICTIM ADVISED THAT HE THEN STARTED TO WALK AWAY, AND THE DEFENDANT GRABBED HIM BY HIS UPPER BODY AND SHOVED HIM AGAINST A WOODEN FENCE. THE VICTIM STATED THAT NEITHER PARTY HAD EXCHANGED BLOWS, AND THAT HE HAD NOT BEEN INJURED. THE VICTIM STATED THAT AT THAT POINT, HIS WIFE HAD APPROACHED THE TWO, AND TOLD THE DEFENDANT TO LET GO OF THE VICTIM. THE VICTIM ADVISED THAT THE DEFENDANT THEN DID SO, AND HE AND HIS WIFE THEN HEADED BACK TO THEIR LOT, AND THE DEFENDANT FOLLOWED, CONTINUING TO VERBALLY ASSAULT THEM. THE VICTIM STATED THAT HE BELIEVED THE REASON THE DEFENDANT WAS UPSET WITH HIM WAS BECAUSE OF AN ARGUMENT THEY HAD HAD TWO DAYS PRIOR TO THIS INCIDENT. IT SHOULD BE NOTED THAT I DID SMELL AN ODOR OF ALCOHOL TO BE EMITTING FROM THE VICTIM, WHO STATED THAT HE HAD BEEN DRINKING TODAY. I THEN MADE CONTACT WITH THE VICTIMâS WIFE, MS JUANITA C GORDLEY. SHE CORROBORATED THE VICTIMâS ACCOUNT. THE VICTIM ALSO PROVIDED A SWORN WRITTEN STATEMENT, WHICH WAS COLLECTED AND WILL LATER BE TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. I THEN MADE CONTACT WITH THE DEFENDANT. HE STATED THAT HIS NEIGHBOR, THE VICTIM, HAD COME OVER TO HIS DOOR AT HIS LOT, AND WAS KNOCKING. THE DEFENDANT STATED THAT DUE TO A PREVIOUS DISAGREEMENT WITH THE VICTIM, HE HAD NO INTENTIONS OF SPEAKING WITH HIM AND DID NOT WANT HIM THERE. THE DEFENDANT STATED THAT HE COULD TELL THAT THE VICTIM WAS INTOXICATED, AND WAS TALKING ABOUT A FISH HE HAD CAUGHT. THE DEFENDANT STATED THAT THE VICTIM THEN BEGAN DISCUSSING THEIR PREVIOUS DISAGREEMENT, AND THE VICTIM BEGAN USING PROFANITY TOWARDS THE DEFENDANT. THE DEFENDANT STATED THAT HE JUST WANTED THE VICTIM TO LEAVE HIS LOT, AND FINALLY SHOVED HIM. I THEN ADVISED THE DEFENDANT THAT I WAS PLACING HIM UNDER ARREST, FOR BATTERY. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA A PREPRINTED AGENCY ISSUED CARD. THE DEFENDANT ADVISED THAT HE DID UNDERSTAND HIS RIGHTS, AND WISHED TO CONTINUE SPEAKING WITH ME. THE DEFENDANT SEEMED VERY REMORSEFUL, AND STATED THAT HE HAD HAD NO INTENTIONS OF HURTING THE VICTIM, BUT HAD JUST WANTED HIM TO LEAVE HIS LOT. THE DEFENDANT WAS THEN SECURED IN THE REAR OF MY PATROL VEHICLE. THE DEFENDANT WAS VERY COOPERATIVE THROUGHOUT MY INTERACTIONS WITH HIM. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY, AND HE WAS RELEASED FOR BOOKING AND PROCESSING UPON ARRIVAL. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF SIMPLE BATTERY, WITH HIS BOND SET AT $500.00, PER THE BOND SCHEDULE. |
