| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR13-5674) 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 PICKED THE VICTIM UP AND SLAMMED HIM IN TO THE WALL, AND DROPPED HIM ON THE FLOOR; IN VIOLATION OF FLORIDA STATE STATUTE 784.03(1)(A)(1); ON 051913, AT APPROXIMATELY 1353 HOURS, I WAS DISPATCHED TO 9613 EAST GOSPEL ISLAND RD, APARTMENT A, INVERNESS FLORIDA, I N REFERENCE TO A PHYSICAL ALTERCATION BETWEEN TWO NEIGHBORS, WHICH HAD ALREADY OCCURRED. WHILE EN ROUTE, DISPATCH ADVISED THAT BOTH PARTIES WERE NOW SEPARATED; AND THAT THE DEFENDANT, LATER IDENTIFIED AS MR JOHN ESSEX, HAD RETURNED HOME. UPON MY ARRIVAL TO THE AREA, I RESPONDED TO THE DEFENDANTâS RESIDENCE LOCATED AT 136 BELLE VIEW WAY, APARTMENT B. I THEN MADE CONTACT WITH THE DEFENDANT. I OBSERVED THAT HE HAD NO MARKS NOR INJURIES, AND APPEARED TO HAVE A CALM DEMEANOR. FURTHERMORE, I ALSO SPOKE WITH MS PARIS BRYSON, WHO IS THE LIVE-IN GIRLFRIEND OF THE DEFENDANT. SHE ADVISED THAT HER SIX YEAR OLD JUVENILE SON WAS PLAYING WITH THE VICTIMâS CHILDREN, AND THAT THEY HAD SHOVED HER SON TO THE GROUND, AND TAKEN HIS LUNCH BOX. MS BRYSON ADVISED THAT AFTER HEARING THIS FROM HER SON, SHE HAD WALKED OVER TO THE VICTIMâS RESIDENCE TO SPEAK WITH THE VICTIM, MR BRIAN K DILLARD. SHE STATED THAT SHE HAD KNOCKED ON THE DOOR, AND RECEIVED NO ANSWER. MS BRYSON ADVISED THAT SHE HAD THEN POKED HER HEAD IN THE REAR SLIDING GLASS DOOR, AND YELLED TOWARDS THE VICTIM, WHO WAS LYING ON THE COUCH. MS BRYSON ADVISED THAT SHE GAINED THE VICTIMâS ATTENTION, AT WHICH POINT HE BEGAN YELLING PROFANITIES AT HER, AND YELLED, âGET THE FUCK OUT OF MY HOUSE.â MS BRYSON STATED IT WAS AT THAT TIME THAT THE VICTIM HAD PICKED UP A CHAIR AND HAD THROWN IT AT HER, MISSING HER. SHE ADVISED THAT THE DEFENDANT HAD THEN WALKED AROUND THE CORNER OUTSIDE, AND HAD OBSERVED THE VICTIM AS HE THREW THE CHAIR AT HER. MS BRYSON ADVISED THAT THE DEFENDANT THEN TACKLED THE VICTIM TO THE GROUND. SHE ADVISED THAT THE DEFENDANT AND SHE THEN LEFT AND WENT BACK TO THEIR RESIDENCE. I THEN SPOKE WITH THE DEFENDANT. HE ADVISED THAT MS BRYSON HAD GONE OVER TO THE VICTIMâS RESIDENCE, AND HE HAD HEARD A VERBAL ALTERCATION ENSUING BETWEEN THE VICTIM AND MS BRYSON. HE ADVISED THAT HE HAD BEEN ON THE PORCH OF HIS OWN RESIDENCE, SMOKING A CIGARETTE; AND HE THEN WENT OVER TO THE VICTIMâS RESIDENCE TO SEE WHAT WAS GOING ON. THE DEFENDANT ADVISED THAT UPON ROUNDING THE CORNER OF THE VICTIMâS RESIDENCE, HE HAD OBSERVED THE VICTIM ATTEMPTING TO THROW A CHAIR AT MS BRYSON; AT WHICH POINT HE HAD TACKLED HIM TO THE GROUND. BOTH THE DEFENDANT AND MS BRYSON ADVISED THAT THE ALTERCATION HAD TAKEN PLACE OUTSIDE, AND THAT NEITHER OF THEM HAD ENTERED THE VICTIMâS RESIDENCE. I THEN MADE CONTACT WITH THE VICTIM AT HIS RESIDENCE. I OBSERVED THE VICTIM TO HAVE A LARGE SCRAPE, WHICH WAS STILL BLEEDING, ON HIS FOREHEAD, AND A SIMILAR TYPE INJURY ON HIS RIGHT PECTORAL. THE VICTIM ADVISED THAT HE HAD BEEN LYING ON THE COUCH IN THE LIVING ROOM OF HIS RESIDENCE, AND HAD BEEN AWOKEN BY MS BRYSON, WHO WAS STANDING IN THE DOORFRAME AREA OF THE SLIDING GLASS DOOR, SCREAMING AT HIM. THE VICTIM ADVISED THAT HE GOT UP FROM THE COUCH AND TOLD HER TO GET OUT OF HIS RESIDENCE, AND SHE REFUSED TO DO SO, ALL THE WHILE POINTING AGGRESSIVELY AT THE VICTIM, YELLING AT THE VICTIM. IN AN ATTEMPT TO GET MS BRYSON TO LEAVE, THE VICTIM THEN PICKED UP A SMALL WOODEN CHAIR WHICH HAD BEEN SITTING NEXT TO HIM, AND HAD THROWN IT IN THE DIRECTION OF MS BRYSON. HE ADVISED THAT THE CHAIR HAD NOT STRUCK HER. HE ADVISED THAT THE DEFENDANT HAD THEN CHARGED TOWARDS HIM, ENTERING HIS RESIDENCE, AND PICKING HIM UP, SLAMMING HIM AGAINST THE CEMENT WALL OF HIS OWN RESIDENCE. HE ADVISED THAT THE DEFENDANT HAD THEN PICKED HIM UP, AND SLAMMED HIM TO THE GROUND, RESULTING TO THE INJURIES HE HAD SUSTAINED. THE VICTIM ADVISED THAT THE DEFENDANT AND MS BRYSON THEN LEFT THE RESIDENCE. I THEN MADE CONTACT WITH TWO JUVENILES WHO RESIDE AT THE RESIDENCE, WHO ARE AGES 12 AND 16. I SPOKE WITH THEM SEPARATELY, AND THE CORROBORATED THE VICTIMâS ACCOUNT OF EVENTS. PRIOR TO LEAVING THE SCENE, THE VICTIM WAS PROVIDED WITH AN AGENCY CASE CARD, BEARING MY NAME, IDENTIFICATION NUMBER AND THIS CASE NUMBER, AND WAS ADVISED TO CONTACT THIS AGENCY WITH ANY FURTHER QUESTIONS OR INFORMATION. I THEN AGAIN MADE CONTACT WITH THE DEFENDANT, AND AFTER ADVISING HIM THAT HIS STATEMENT DID NOT APPEAR TO BE CONSISTENT, HE ADMITTED THAT HE HAD ACTUALLY ENTER THE VICTIMâS RESIDENCE, AND HAD PICKED HIM UP AND SLAMMED HIM DOWN TWICE ON THE GROUND. HOWEVER, THE DEFENDANT ADVISED THAT THE REASON HE HAD ENTERED THE RESIDENCE TO WAS TO DEFEND HIS GIRLFRIEND. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST, FOR SIMPLE BATTERY. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. I THEN TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, HE WAS RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF SIMPLE BATTERY, WITH HIS BOND SET AT $500.00, PER THE BOND SCHEDULE. |
