| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR12124276) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: THE RESIDENCE LOCATED AT 9701 NORTH NORTHCUT AVENUE IN CRYSTAL RIVER, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTE 810.08(2)(B). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO WIT: THE DOOR TO THE RESIDENCE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 806.13(1)(B)1. ON 010612, I WAS DISPATCHED TO 9701 NORTH NORTHCUT AVENUE IN CRYSTAL RIVER IN REFERENCE TO A DISTURBANCE REGARDING CHILD CUSTODY. WHILE EN ROUTE TO THE CALL, DISPATCH ADVISED THAT THE SUSPECT/DEFENDANT, MR JOSEPH SMALZER, HAD BROKEN DOWN THE FRONT DOOR AND HAD LEFT THE SCENE IN A BLACK CHRYSLER THAT HAD A TEMPORARY TAG ATTACHED TO IT. A SHORT TIME LATER, DEPUTY HOLTZHOUSE CONDUCTED A TRAFFIC STOP ON THE VEHICLE AT THE INTERSECTION OF DUNNELLON ROAD AND HIGHWAY 19. I THEN RESPONDED TO THE RESIDENCE WHERE I MADE CONTACT WITH THE VICTIM, MS CAROL ALLMAN, AND HER DAUGHTER, MS NICOLE DAVIS. MS DAVIS EXPLAINED THAT SHE AND MR SMALZER HAD BEEN DATING FOR SOMETIME AND THEY HAVE A THREE YEAR OLD CHILD IN COMMON. SHE ADDED THAT SHE AND MR SMALZER HAD BEEN LIVING IN DELRAY BEACH BUT THAT SHE HAD MOVED FROM THAT RESIDENCE INTO HER MOTHER'S RESIDENCE ON NORTH NORTHCUT AVENUE. MR SMALZER HAD TAKEN THEIR CHILD TO ATLANTA AND WAS RETURNING THE CHILD TO MS DAVIS. MR SMALZER HAD STAYED AT MS ALLMAN'S RESIDENCE OVER NIGHT AND HAD PLANNED TO STAY UNTIL SUNDAY WHEN THEY BECAME INVOLVED IN A VERBAL ALTERCATION. MR SMALZER THEN GRABBED THEIR CHILD AND ATTEMPTED TO LEAVE THE RESIDENCE. MS DAVIS THEN BROUGHT THE CHILD BACK INTO THE RESIDENCE AND LOCKED THE DOOR, HOWEVER, MR SMALZER PUSHED ON THE DOOR WITH SUCH FORCE THAT HE BROKE THE PINS ON BOTH THE BOTTOM AND THE TOP OF THE DOOR WHICH KEEP THE DOOR SECURE. HE THEN TOOK THE CHILD AND LEFT THE RESIDENCE. MS DAVIS STATED THAT SHE AND MR SMALZER HAD NEVER BEEN MARRIED AND THERE IS NO COURT ORDER CURRENTLY IN PLACE REGARDING CHILD CUSTODY. SHE FURTHER ADVISED THAT SINCE SHE WAS THE PRIMARY CUSTODIAL PARENT UNDER FLORIDA LAW AND THAT SHE FELT THAT MR SMALZER WAS UNDER THE INFLUENCE OF SOME TYPE OF DRUG THAT SHE WANTED THE CHILD TO BE RETURNED. AT THAT TIME, THE CHILD'S GRANDMOTHER, MS ALLMAN, AND I PROCEEDED TO THE LOCATION WHERE DEPUTY HOLTZHOUSE HAD STOPPED MR SMALZER AND THE CHILD WAS TURNED OVER TO MS ALLMAN. MS ALLMAN STATED THAT SHE WAS AFRAID THAT MR SMALZER WOULD RETURN TO HER PROPERTY AND REQUESTED THAT HE BE ISSUED A TRESPASS WARNING TO PREVENT HIM FROM RETURNING. AT THAT TIME, MR SMALZER WAS ADVISED THAT HE WAS BEING TRESPASSED AND IF HE RETURNED THAT HE WOULD BE SUBJECT TO ARREST FOR TRESPASS AFTER WARNING. MR SMALZER THEN STATED THAT HE HAD NO GASOLINE, NO MONEY, AND THAT HE GUESSED THAT HE WOULD BE GOING TO JAIL. MR SMALZER WAS THEN WARNED SEVERAL ADDITIONAL TIMES THAT IF HE RETURNED TO THE RESIDENCE THAT HE WOULD BE ARRESTED. ONCE MR SMALZER WAS RELEASED FROM THE SCENE, I RETURNED TO MS ALLMAN'S RESIDENCE OUT OF FEAR THAT MR SMALZER WOULD RETURN. WHILE I WAS PARKED ON THE SIDE OF MS ALLMAN'S RESIDENCE, MS DAVIS CONTACTED ME AND ADVISED ME THAT SHE HAD RECEIVED NUMEROUS CALLS FROM MR SMALZER. AFTER APPROXIMATELY ONE HOUR, I OBSERVED MR SMALZER'S VEHICLE DRIVE PAST THE RESIDENCE SEVERAL TIMES AND AT 2347 HOURS, I OBSERVED HIM BACK INTO THE DRIVEWAY, EXIT THE VEHICLE, AND THEN RUN TOWARD MS ALLMAN'S RESIDENCE. I THEN CALLED FOR ASSISTANCE AND AS I RAN AROUND THE SIDE OF THE RESIDENCE, I OBSERVED MR SMALZER EXIT THE RESIDENCE AND SLAM THE DOOR. AT THAT TIME, HE WAS PLACED UNDER ARREST AND WAS SUBSEQUENTLY TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH TRESPASSING AT AN OCCUPIED STRUCTURE AND WITH CRIMINAL MISCHIEF TO THE DOOR. HIS TOTAL BOND WAS SET AT $1,250.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* "IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE ADA COORDINATOR AT THE OFFICE OF THE TRIAL COURT ADMINISTRATOR, CITRUS COUNTY COURTHOUSE, 110 NORTH APOPKA AVENUE, INVERNESS, FLORIDA 34450, TELEPHONE (352) 341-6700, AT LEAST 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOUR ARE HEARING OR VOICE IMPAIRED, CALL 711.” |
