| Probable cause affidavit: |
SUBMITTED BY: SLINGERLAND, DANIEL 0443 (12-92176) (AR12-1242) 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: POKED THE VICTIM IN THE CHEST THREE TO FIVE TIMES, IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1). DID UNLAWFULLY AND KNOWINGLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID UNLAWFULLY HAVE IN HER ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: A METAL PIPE AND CONTAINER, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1). ON 051912 AT APPROXIMATELY 0859 HOURS, I RESPONDED TO 6014 SOUTH OLD FLORAL CITY ROAD IN FLORAL CITY IN REFERENCE TO A PHYSICAL ALTERCATION IN PROGRESS. UPON ARRIVAL, I OBSERVED ALL PARTIES STANDING IN THE FRONT YARD OF THE RESIDENCE. I OBSERVED THE DEFENDANT, MS WENDY LEGROS, BEGIN TO WALK RAPIDLY AWAY FROM WHERE THE VICTIM AND WITNESS WERE STANDING. AS I EXITED MY PATROL VEHICLE, I MADE CONTACT WITH THE DEFENDANT AND DIRECTED HER TO SIT DOWN IN A CHAIR ON THE CARPORT, TO WHICH SHE COMPLIED. I BEGAN TO MOVE TOWARDS THE VICTIM AND WITNESS WHEN I WAS ADVISED BY DEPUTY EMRICK THAT THE DEFENDANT WAS GETTING OUT OF HER SEAT. WHEN I TURNED TO LOOK, I OBSERVED THE DEFENDANT DIVE FACE FIRST INTO THE GRASS AND LIE FLAT ON HER STOMACH WITH HER HANDS ON HER BACK. NEITHER DEPUTY EMRICK NOR I DIRECTED THE DEFENDANT TO TAKE THIS ACTION. UPON MAKING CONTACT WITH THE VICTIM, MS MARGARET BOSWELL, SHE STATED THAT THE DEFENDANT HAD GOTTEN INTO HER FACE AND HAD BEGUN POKING HER IN THE CHEST WITH HER FINGER. WHILE I WAS SPEAKING WITH THE VICTIM, I DIRECTED DEPUTY EMRICK TO DETAIN THE DEFENDANT WHILE I COMPLETED MY INVESTIGATION. I THEN HAD TO ASSIST DEPUTY EMRICK BECAUSE THE DEFENDANT REFUSED TO COOPERATE. AFTER BEING HANDCUFFED, WE ATTEMPTED TO HELP THE VICTIM TO A CHAIR, WHICH SHE REFUSED AND INSISTED ON LYING FACEDOWN IN THE GRASS. I THEN CONTINUED SPEAKING WITH THE VICTIM WHO STATED THAT SHE RECEIVED SEVERAL TELEPHONE CALLS EARLIER THAT DAY FROM THE DEFENDANT AND THAT THE DEFENDANT WAS RESIDING WITH THE VICTIMâS MOTHER AT THE INCIDENT LOCATION. THE VICTIM THEN ADVISED THAT SHE AND HER DAUGHTER/WITNESS, MS SHANNON BOSWELL, WENT TO THE INCIDENT LOCATION TO CHECK ON HER MOTHER AND UPON ARRIVING, A VERBAL ALTERCATION BEGAN BETWEEN ALL PARTIES. THE VICTIM STATED THAT THE DEFENDANT WAS ACTING IRRATIONAL AND STATED âSHE WAS ACTING CRAZYâ. THE VICTIM STATED THAT DURING THE ARGUMENT, THE DEFENDANT GOT INTO HER FACE AND WHILE YELLING AT THE VICTIM, BEGAN POKING HER IN THE CHEST. THE VICTIM STATED SHE WAS IN FEAR FOR HER SAFETY DUE TO THE IRRATIONAL BEHAVIOR OF THE DEFENDANT AND THE DEFENDANTâS PHYSICAL STATURE OVER THE VICTIM. I THEN MADE CONTACT WITH THE WITNESS WHO CORROBORATED THE VICTIMâS STATEMENT. I DID OBTAIN SWORN WRITTEN STATEMENTS FROM THE VICTIM AND THE WITNESS WHICH WILL BE TURNED IN TO RECORDS. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS ADVISED THAT SHE WAS BEING PLACED UNDER ARREST FOR BATTERY. THE DEFENDANT STATED NUMEROUS TIMES THAT SHE WAS NOT GOING TO TALK TO ME. THE DEFENDANT STATED NUMEROUS TIMES THAT SHE HAD THE RIGHT TO REMAIN SILENT AND THAT I WAS VIOLATING HER CIVIL RIGHTS. I THEN READ THE DEFENDANT MIRANDA VIA PREPRINTED AGENCY CARD AND ASKED IF SHE UNDERSTOOD HER RIGHTS WHICH SHE REFUSED TO ANSWER. I ASKED THE DEFENDANT IF SHE WOULD SPEAK TO ME WHICH SHE REFUSED TO ANSWER. THE DEFENDANT WHO WAS UNDER ARREST AND HANDCUFFED, BEHIND HER BACK, (DOUBLE LOCKED), WAS SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT MADE NUMEROUS STATEMENTS REGARDING CONTACTING THE NEWSPAPER, HER LAWYER AND ALSO SPONTANEOUSLY STATED THAT SHE HAD POKED THE VICTIM IN THE CHEST AND THAT I WAS VIOLATING HER CIVIL RIGHTS. I REPEATEDLY ADVISED THE DEFENDANT THAT SHE HAD THE RIGHT TO REMAIN SILENT, HOWEVER THE DEFENDANT REFUSED. PRIOR TO LEAVING THE SCENE, WHILE COLLECTING PAPERWORK, THE VICTIM AND WITNESS IDENTIFIED A BLUE IN COLOR PURSE SITTING NEAR THE FRONT STEPS OF THE RESIDENCE THEY STATED BELONGED TO THE DEFENDANT. I SECURED THE PURSE AND SHOWED IT TO THE DEFENDANT, WHO STATED THAT THE PURSE DID BELONG TO HER. I CONDUCTED A SEARCH OF THE PURSE TO ENSURE NO CONTRABAND ITEMS WERE IN THE PURSE AND TO PREVENT SUCH ITEMS FROM ENTERING THE CITRUS COUNTY DETENTION FACILITY. WHILE CONDUCTING THIS SEARCH, I PICKED UP A SMALL WOODEN CONTAINER THAT THROUGH MY TRAINING AND EXPERIENCE I KNEW TO BE AN OBJECT USED TO CONTAIN NARCOTICS. UPON OPENING THE CONTAINER, I DETECTED A STRONG ODOR OF MARIJUANA. I ALSO OBSERVED A QUANTITY OF MARIJUANA IN ONE OF THE OPENINGS OF THE CONTAINER. I OBSERVED A METAL PIPE IN ANOTHER OPENING OF THE CONTAINER. I CONDUCTED A PRESUMPTIVE FIELD TEST WHICH SHOWED POSITIVE FOR THE PRESENCE OF THC. THE MARIJUANA WAS WEIGHED AT THE CITRUS COUNTY DETENTION FACILITY WITH AN APPROXIMATELY WEIGHT OUTSIDE THE CONTAINER OF 1.1 GRAMS. THE DEFENDANT WAS ADDITIONAL CHARGED WITH POSSESSION OF MARIJUANA AND POSSESSION OF DRUG PARAPHERNALIA. THE EVIDENCE WAS LATER TURNED IN TO THE EVIDENCE LOCKER WITH MARIJUANA BEING TRANSFERRED TO A PLASTIC BAG TO BE PACKAGED SEPARATELY FROM THE DRUG PARAPHERNALIA. THE DEFENDANT'S BOND WAS SET AT $1,500.00, PER THE BOND SCHEDULE. |
