| Probable cause affidavit: |
SUBMITTED BY: ZAREK, MICHAEL 1359 (AR16-21481) UNLAWFULLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST THE VICTIM'S WILL, OR INTENTIONALLY CAUSE BODILY HARM TO THE VICTIM WHILE THE SAID DEFENDANT WAS BEING DETAINED IN A PRISON, JAIL, OR OTHER DETENTION FACILITY, TO WIT: THE DEFENDANT STRUCK THE VICTIM FROM BEHIND IN THE VICTIMâS FACE, IN VIOLATION OF FLORIDA STATE STATUTE 784.082(3). 103116, AT APPROXIMATELY 1703 HOURS, I WAS DISPATCHED TO THE CITRUS COUNTY DETENTION FACILITY LOCATED AT 2604 WEST WOODLAND RIDGE DRIVE, IN LECANTO, IN REFERENCE TO A PAST BATTERY INVOLVING INMATE-ON-INMATE. UPON ARRIVAL, I MADE CONTACT WITH CORRECTION CORPORATION OF AMERICA (CCA) STAFF WHO ADVISED THAT MR JACOB HOGAN, LATER IDENTIFIED AS THE VICTIM, WISHED TO PRESS CHARGES AGAINST MR XAVIER LOCKLEY, LATER IDENTIFIED AS THE DEFENDANT. CCA STAFF ADVISED THAT THE VICTIM AND DEFENDANT ARE BOTH CURRENTLY INCARCERATED AT THE CITRUS COUNTY DETENTION FACILITY. CCA STAFF ADVISED THAT THERE WAS VIDEO SURVEILLANCE FOOTAGE OF THE INCIDENT AND THEY HAD A COPY BURNED FOR EVIDENTIARY PURPOSES. I WAS ABLE TO REVIEW THE VIDEO SURVEILLANCE FOOTAGE AT THAT TIME, WHERE I OBSERVED THE DEFENDANT ENTER THE POD AT 12:19:28 HOURS WITH A TRAY. THE DEFENDANT PUT THE TRAY DOWN ON A TABLE AT 12:19:37 HOURS AND BEGAN TO WALK TOWARDS THE VICTIM. THE DEFENDANT THEN STRUCK THE VICTIM ON THE RIGHT SIDE OF HIS FACE WITH HIS RIGHT HAND AT 12:19:46 HOURS. THE DEFENDANT ONLY HIT THE VICTIM ONE TIME BEFORE CCA STAFF ENTERED THE POD AND STOPPED ANY FURTHER INCIDENT. I WAS ABLE TO MAKE CONTACT WITH THE VICTIM, AT WHICH TIME HE WAS ESCORTED TO AN INTERVIEW ROOM. THE VICTIM MADE A HAND GESTURE TO HIS MOUTH AND THEN WROTE DOWN ON A PIECE OF PAPER THAT HE IS UNABLE TO PHYSICALLY TALK BECAUSE HIS JAW WAS FRACTURED IN TWO PLACES. THE VICTIM THEN COMPLETED A SWORN WRITTEN STATEMENT. IN THE VICTIMâS SWORN WRITTEN STATEMENT, HE ADVISED THAT ON 102516, HE GAINED KNOWLEDGE THAT A MAN NAMED OMAR WAS GOING TO FIGHT A FRIEND OF HIS NAMED BRYAN. THE VICTIM THEN EXPLAINED THAT BASED ON HIS KNOWLEDGE OF OMAR, HE KNEW THAT OMARâS FRIEND WOULD ALSO JOIN IN ON FIGHTING BRYAN. THE VICTIM STATED ONCE THE FIGHT BEGAN OMAR AND A FRIEND OF HIS NICKNAMED âYELLOWâ BEGAN STRIKING BRYAN. THE VICTIM ADVISED THAT HE THEN PULLED âYELLOWâ FROM THE COLLAR OF HIS SHIRT OFF OF BRYAN AND HELD HIM BACK WHILE OTHER INMATES CAME AND SPLIT UP OMAR AND BRYAN. THE VICTIM ADVISED HE BEGAN TO EXIT THE CELL WITH THE OTHER INMATES, AT WHICH TIME âYELLOWâ HIT HIM IN THE FRONT OF HIS FACE, WHICH CAUSED HIM TO BACK UP. A SHORT TIME LATER, HE STATED HE WAS STRUCK IN THE RIGHT SIDE OF HIS FACE BY AN UNKNOWN PERSON. THE VICTIM ADVISED THAT AFTER THE INCIDENT HE WAS INFORMED BY CCA STAFF THAT THE DEFENDANT WAS THE PERSON WHO HIT HIM FROM BEHIND. THE VICTIM ADVISED THAT HE ONLY WISHED TO PRESS CHARGES ON THE DEFENDANT AT THIS TIME. THE VICTIMâS INJURIES CONSISTED OF A FRACTURED JAW IN TWO PLACES THAT REQUIRED HIS JAW TO BE WIRED SHUT. PHOTOGRAPHS WERE TAKEN OF THE VICTIMâS INJURIES; SEE CRIME SCENE TECHNICIANâS REPORT FOR FURTHER. THE VICTIM WAS PROVIDED WITH AN AGENCY CASE CARD BEARING MY NAME AND THE CASE NUMBER AND ADVISED TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION REGARDING THIS CASE. I WAS THEN ABLE TO MAKE CONTACT WITH THE DEFENDANT; HOWEVER, I HAD TO BE ESCORTED TO HIS LOCATION. I WAS ABLE TO SPEAK TO THE DEFENDANT IN THE HALLWAY WHERE HE WAS READ HIS MIRANDA RIGHTS, VIA AN AGENCY ISSUED PREPRINTED MIRANDA CARD AT 1810 HOURS. BEFORE I WAS FINISHED READING THE DEFENDANT HIS MIRANDA RIGHTS, HE ADVISED THAT HE WANTED A LAWYER PRESENT DURING QUESTIONING. I THEN TOLD THE DEFENDANT THAT I DID NOT NEED ANYTHING FURTHER FROM HIM, AT WHICH TIME HE BEGAN ASKING ME WHY I WAS THERE. I THEN ASKED THE DEFENDANT IF HE WANTED TO SPEAK WITH ME, AT WHICH TIME HE ADVISED HE WOULD. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS AGAIN, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WITH HAVING THESE RIGHTS IN MIND HE WISHED TO SPEAK WITH ME WITHOUT HAVING A LAWYER PRESENT. I ASKED THE DEFENDANT IF HE RECALLED WHAT OCCURRED ON 102516 AND HE ADVISED THAT HE RECALLED SOME OF WHAT OCCURRED BECAUSE HE IS SCHIZOPHRENIC. I ASKED THE DEFENDANT TO EXPLAIN TO ME AT LEAST WHAT HE REMEMBERED AND HE ADVISED THAT HIS COUSIN OMAR WAS FIGHTING WITH âTHE WHITE BOYSâ AND SOME OTHER PEOPLE. THE DEFENDANT THEN STATED THAT HE WALKED INTO THE POD AND OBSERVED THE FIGHT AND SAW THAT HIS COUSIN WAS INVOLVED, AT WHICH TIME HE RAN IN TO HELP HIM OUT. THE DEFENDANT STATED THAT HE DID IN FACT PUNCH THE VICTIM AND STATED âI FUCKED UP BY PUNCHING HIMâ; HOWEVER, THE DEFENDANT STATED HE WAS DEFENDING HIS COUSIN. THE DEFENDANT ADVISED THAT HE DOES NOT KNOW THE VICTIM AND DOES NOT KNOW WHY THEY WERE ALL FIGHTING. THE DEFENDANT WAS ADVISED THAT HE WAS BEING CHARGED WITH BATTERY UPON ANOTHER DETAINEE. THE DEFENDANT WAS THEN TURNED BACK OVER TO CCA STAFF. THE DEFENDANTâS BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. |
