Assault and Battery Case Results (Part 2)
Internal Reference #1163
Facts: The defendant entered the gas station and asked for change. The defendant was unhappy with the denominations of the bills and began to curse at the cashier. The defendant left the business and returned approximately 90 minutes later. The defendant reentered the store and again began to challenge the cashier. The defendant also threatened to kill him. The defendant then returned to his vehicle and moved it directly in front of the store. The defendant retrieved a black gun from a case in the vehicle. The defendant then pointed the gun at the store. The defendant exited his vehicle and began to walk toward the store while flailing the gun around in his right hand. The victim said the defendant approached the store with the gun in his right hand and said “I am going to kill you!” The victim was in fear for his life and thought the defendant was going to shoot him. The victim then called 911 and the defendant fled in his vehicle. A BOLO was issued and the defendant was located. The defendant was detained for a show up. The gun was located in the vehicle. A show up was conducted and the victim positively identified the defendant as the subject who threatened to kill him. Officer p also conducted a show up with the listed witness who also positively identified the suspect. Post Miranda, Detective S interviewed the defendant. The defendant confessed to Detective S that he retrieved his gun, which he described as a “Taurus” from a case inside his vehicle. The defendant stated that he walked toward the front of the store while flailing the gun around and yelling at the victim.
Charges: Agg Assault W/ Fire Arm
Result: Mr. Foley convinced the state attorney to reduce the charge to a misdemeanor and then client hired another attorney because he could not make his financial obligation. Substitution of Counsel granted.
Internal Reference # 1093
Facts: On 8/17 at 2330 hours, the defendant did commit the offense of simple battery on the victim, who is his daughter, by forcefully removing her from a chair, pushing her toward the roadway and slamming her to the ground. The defendant and victim were involved in a verbal dispute while seating in patio chairs at the location. The victim stated the defendant told her “you are dead”. The victim stated the defendant the grabbed her by the shoulders and forcefully removed her from her chair. The victim advised the defendant then “choke slammed” her in the driveway of the residence. The victim had minor abrasions to her left wrist and swelling above her right eye. The victim refused fire rescue.
The defendant was taken into custody without incident and was transported to the main jail for processing. The victim refused to give a tape-recorded statement and refused to have her injuries photographed.
The defendant was arrested and charged with Simple Battery (touch or strike)(784.03(1)(A)(3)
Process: While reviewing discovery, Mr. Foley realized that the state attorneys office had incorrectly identified the key witness and therefore set the case for trial. On the day of trial, the state dismissed all charges.
Results: Mr. Foley was successful in having the case Nolle Prosequi ( Dismissed )
Internal Reference #1097
Facts: On 11/18, Officer D responded to the location, in reference to a verbal argument. Officer D made contact with the witness, who stated there was a verbal argument at the residence, involving her father, the defendant. The witness stated the defendant is a respondent to a domestic violence injunction and is not to be at the address.
A computer check showed the defendant had an injunction against him for the location with the petitioner being a juvenile victim by and through an eyewitness. The communications center pulled the Sheriffs office copy of the injunction and it shows it is a no contact injunction. The juvenile victim and eyewitness both stated the defendant was at the location with them and was verbally threating to beat his daughter, the reportee.
Officer D made contact with the defendant at his residence and placed him under arrest and transported him to the jail.
The defendant was arrested and charged with Aggravated Battery/Pregnant and Violation of Probation.
The defendant violated Probation by failing to live and remain at liberty without violating any law by committing the criminal offense of Violation of Domestic Violence Injunction.
The probation officer recommendation:
The department recommends that the defendant’s current term of probation be revoked. The defendant was charged with violating a domestic violence protection order. The defendant was told on numerous occasions not to have contact with the victim or the kids. The defendant is on probation for violent offenses and has had prior violent offenses with 2 nd degree murder-dangerous act. With this violation the defendant scores out o 96 points. I would respectfully recommend that the defendant’s current term of probation be revoked and that he serve an active sentence in the Florida Department of Corrections Prison System with no probation to follow.
Results: The defendant already had prior charges including a Second Degree Murder conviction and multiple Violations of Probation before hiring Mr. Foley. After hiring Mr. Foley, he was able to avoid the recommendations by the probation officer and the defendant walked out of court the same day with probation reinstated.
Internal Reference # 1055
Facts: On 3/8/12, the defendant did commit a battery upon the victim, wherein Officer B identified as the defendant. The defendant did intentionally touch the victims groin with his hand in a lewd manner.
The defendant was arrested and charged with Simple Battery (784.03.)
Results: Mr. Foley entered a no contest plea. After negotiations with the state and the judge, they both agreed to Withhold Adjudication on the charge of Simple Battery. No Jail, No Conviction.
Internal Reference #2005
- Battery/ Aggravated/ With a Deadly Weapon
- Assault/Aggravated / With a Deadly Weapon
- Child Abuse/No Harm
Results: Case Dismissed
Internal Reference #2006
Facts: At the rear of a location, the victim approached Officer L’s car and advised him that he had a verbal dispute with a white male later known as the defendant and was threatened with a knife. The victim further advised that he had numerous problems with the defendant in the past and when he saw the defendant behind the business’s, he approached the defendant in his vehicle and said lets be friends. The victim advised that the defendant approached him while he was inside his vehicle and took out a knife from his pocket and opened the blade and pointed it towards him about arms length away and stated to the victim “I’ll fuck you up mother fucker” the defendant did, intentionally and unlawfully, threatened to do violence to the victim. At the time this occurred, the defendant appeared to have the ability to carry out the threat. The specific act by the defendant, created in the victim, a well-founded fear that the violence was about to take place.
When contact was made with the defendant, he had in his front right pocket the knife that was used in the assault that was identified by the victim. While the defendant was in the rear of Officer L’s patrol vehicle, he spontaneously uttered to Deputy W that he took out his knife and approached the victims vehicle.
The defendant was taken into custody and transferred for processing.
Charges: Aggravated Assault With Deadly Weapon(784.021-1a)
Result: Aggravated Assault With Deadly Weapon(784.021-1a) – Adjudication Withheld, 6 months probation.
No Prison, No Jail, No Conviction
Internal Reference #2010
On 11/11, Officer C responded to a location in reference to a Strong-arm Robbery.
Arriving on scene, Officer C met with the 16 year old victim. The victim stated that he was visiting his friends. Feeling the need to urinate, the victim decided to urinate on the fence that separates the two properties. While urinating on the fence, the victim was discovered by the resident of the property. The victim stated that the defendant proceeded to yell and push him off of his property.
The victim indicated that he apologized to the defendant and went back over to his friends house. The defendant followed the victim over to the residence and told the homeowner (mother of defendants friend) of what had just occurred. The victim again apologized for his actions to the defendant in front of his friend’s mother. The defendant then left the property and returned to his residence.
According to the victim, fifteen to twenty minutes elapsed when the defendant driving eastbound, stopped his vehicle, a white car, unknown make or model in front of the residence. The victim was in front of the residence in the driveway talking to his friends(witnesses). The defendant proceeded to tell the victim “Get in the fucking car, lets go to your house”. The victim indicated that the defendant wanted to drive him to his home where he would tell his parents what had happened. The victim stated that he was afraid of the defendant and that he did not know what the defendant would do if he entered his vehicle. The victim told the defendant that he was not allowed to get into cars with strangers, and refused to go with him. According to the victim and the witnesses, the defendant got out of his car, walked up to the victim and proceeded to curse at him, telling him to get into his vehicle. The defendant then returned to his car ad again told the victim to get in. The victim again refused. The defendant then stated “That if I get out of this car again, I will beat your fucking ass”. The victim fearing for his safety again refused.
Upon hearing the refusal of the victim to enter his vehicle, the defendant exited his vehicle for a second time and approached the victim. According to the victim and the witnesses, the defendant grabbed the victim by the front of his shirt with both hands, (Officer C had the victim demonstrated on him how the defendant grabbed him). The defendant then orpoceeded to push the victim off and over the rear of a vehicle parked in the driveway and into the bushes that ran along the edge of the driveway. During this encounter, the defendant ripped off a 14kt gold(thin linked) chain that was around the neck of the victim. The victim stated his father had given him the chain when he was six years old and estimated the value of it to be $100.00. The victim indicated that the defendant then put the chain in a closed fist and returned to the vehicle after a neighbor came between the two of them.
A neighbor who lives across the street stated that he saw the two arguing and came over and stepped between the defendant and the victim, telling the defendant to calm down and that the victim was only a “kid”. The neighbor stated that he did not see the defendant hit or push the victim and only remembers stepping between the two.
The defendant then returned to his vehicle and drove off
The victim and the witnesses state that the defendant punched him several times in the head, after he was pushed in the bushes that run along the driveway. However upon checking the victim for injuries, Officer C could see no swelling, bruising, or redness to the head, neck, or arms. The victim’s shirt was ripped along the collar. The victim had refused any medical treatment from the fire department who left the scene after Officer C arrived.
The victim and witnesses wrote out statements that were placed into evidence. One of the witnesses who is a juvenile did not write a statement after his father indicated that he did not want his son to be involved with the investigation. His statements were verbal only. The neighbor did not write a statement, stating that he did not see anything.
Upon checking through dispatch, Officer C found that the residence that the defendant lives at is owned by a woman. At the time of Officer C’s on scene investigation, no one was home. At 2219 hours, Officer C spoke with the homeowner by phone who stated that her husband is the defendant and that he was at an unknown friends house visiting. Officer C gave the woman his cell phone number, stating that he needed to get in touch with Officer C as soon as possible.
- Simple Battery(784.03)
- Simple Battery(784.03) - Dismissed
- Robbery(812.13) – Dismissed
All Charges Dismissed
Internal Reference #2015
Facts: On 4/11 at 0259 hours, Officer L made contact with the victim at the hospital. The victim stated that she was involved in a verbal argument with her husband (defendant), when the defendant grabbed the victim by the neck and pushed her into a table. The victim stated that she fell over a chair and onto a table causing a large laceration to her nose. The victim stated that the defendant continued to pursue her at which time she punched the defendant in the face in self defense. The victim stated that the defendant grabbed onto her left arm, later viewed by Officer L as to cause a large bruise. The victim stated that the defendant threatened her not to call the police or he would kill himself. The victim stated that the defendant also turned the volume up on the TV and took her cell phone away so that she could not call for help. The victim stated that she was able to convince the defendant to take her to the hospital due to severe injuries. It was later revealed via a medical exam that the victim had fractured her nose causing serious bodily harm.
Officer L took digital photographs and a sworn taped statement and placed the listed items into evidence.
Officer L attempted to make contact with the defendant with unsuccessful results.
Officer L informed the victim on how to obtain a restraining order.
Charges: Aggravated Battery Causing Bodily Harm- Domestic(784.045-1A1(HG))
Result: Aggravated Battery Causing Bodily Harm- Domestic(784.045-1A1(HG)) – Dismissed
All Charges Dismissed
Internal Reference #3018
Facts: Officer D responded to a restaurant in reference to a stabbing in progress. Officers arrived while the disturbance was still in progress. Officer P arrived on scene and detained a male who was later identified as the defendant’s accomplice. A restaurant employee pointed out another male inside the restaurant as the second subject involved in the altercation. Officer D detained that subject who was later identified as the defendant. A victim was being assisted by a female. The victim had a large laceration on the front of his neck, which was bleeding profusely. The female was applying pressure to the victim’s wound until Fire-Rescue arrived to treat him. A second victim had a laceration to his neck as well. Both victims were transported to the hospital for emergency treatment. According to witnesses, a physical altercation began between the defendants and the victims after an argument. The defendant struck both victims in the head, allegedly by “head-butting them”. Shortly after that, the accomplice used a knife to cut both the victims on the neck. The accomplice attempted to leave the area but was stopped by a restaurant patron. Shortly after being detained, police arrived. Detective B responded after the scene was secured and investigation was turned over to Sgt P and major crimes detectives. Statements were taken of witnesses who saw the scene. A witness identified both the defendant and his accomplice as the aggressors in the altercation. Officer B interviewed both victims at the hospital, one victim described the defendant and said that he grabbed the victim by his neck and “head butted” him. The other victim did not see the defendant head-butt him. Both victims described the accomplice as the individual who cut them with a knife. Crime scene unit responded to process the scene and collect evidence. A knife was located on scene, the incident took place in front of an outdoor table on the southwest corner of the resultant. The defendant stated that he knew the accomplice through their employment. The victims said they did not know the defendants. The defendant admitted to “head-butting” the victim. The accomplice was placed under arrest for Homicide(attempt). The defendant was placed under arrest for Battery (simple) 2 counts
Charges: Simple Battery 2 counts
Process: Original offer from state was adjudicate 12 months probation with special condition of 180 days jail on Count1 and 12 months probation and special condition of 6 months of jail to run concurrent with count 1.
- Simple Battery – Adjudication, 10 months probation and truthful testimony against co-defendant if necessary.
- Simple Battery –Dismissed.
No Prison and No Jail
Internal Reference #5001
Facts: Officers responded to the location for emergency police backup for officers involved in an arrest of violent subject. Upon arrival, officer began assisting in crowd control due to a large crowd surrounding officers involved in the arrest of the violent co-∆. As officer instructed crowd to vacate, ∆ ran through crowd and charged Officer M. who was engaged in active arrest of co–∆. ∆ struck Officer M. in the rear of his neck area with open handed slap with her right hand. ∆ then grabbed Officer M.’s shirt collar and began to pull him back towards the crowd. Officer M. was unable to defend himself due to being involved in active tazer of co-∆. Concerned and fearing for the safety of Officer M., and seeing that the ∆ continued to batter him, the officer deployed his tazer, striking the ∆ in the back. Upon the initial tazer of ∆ she fell to the ground, at which time officer instructed her verbally to cease her violent behavior and to place her hands behind her back. ∆ refused and attempted to kick officer while on the ground. ∆ was then administered an additional five second burst via tazer and once again was advised verbally to cease her resistance and place her hands behind her back. ∆ then complied and was placed under arrest. As ∆ was being escorted to the prisoner transport, she pulled away from Officer F.’s grasp in an attempt to flee on foot while still connected to the tazer prongs/tazer wires. ∆ was redirected to the ground, at which time she began to kick her feet toward Officer F. ∆ was administered an additional five second tazer burst. As officer verbally instructed ∆ to comply with police and cease her resistance, ∆ finally complied and ceased all violent behavior toward police officers. ∆ sustained no visual injuries and the listed tazer prongs were removed. Sgt. J. and Sg.t K. notified and responded to the scene. ∆ was asked if she sustained any injuries as a result of her resistance and she stated “no.” ∆ refused medical attention. Investigation revealed ∆ and co-∆ have a boyfriend/girlfriend relationship.
- Battery of a police officer (784.07)
- Resisting officer with violence (843.01)
- Convinced state to dismiss BattLEO then applied for diversion.
- Battery of a police officer (784.07) – Dismissed
- Resisting officer with violence (843.01) –Dismissed, diversion program
Internal Reference #5009
Facts: Officer responded in reference to domestic disturbance. Upon arrival, officer made contact with ∆ and victim, his girlfriend, who had one-year-old child in common. The victim stated that the ∆ struck her in the face with an open hand over the fact that she was dancing with another girl and refused to leave the club with him. The victim also stated that she was again struck in the face with an open hand in front of a restaurant outside. This battery was witnessed by a restaurant employee who did provide officer with a written statement of this battery corroborating the victim’s statement. The victim also stated the ∆ kicked her several times in the leg area, to which the officer observed red marks and minor abrasions. The ∆ was placed under arrest for battery/domestic violence. The victim did provide the officer with an audiotaped statement of the incident and photographs. The victim did have some property in the ∆’s vehicle, however, he refused to let her retrieve any of it from the vehicle and would not tell the officer where it was parked. Officer asked the ∆ several times where the vehicle was so she could obtain her property, to which the ∆ stated, “Fuck her.” The victim did fill out a theft affidavit including her purse, makeup, ID card and keys, which were valued at $160.
Process: Mr. Foley negotiated with SA. Alleged victim filed for a civil injunction. ∆ had no objection to the injunction. In exchange, state dropped the charges.
- Simple battery (domestic violence) (784.03-1A1 (HG))
- Petty theft ($100-$300) (812.014-2e)
- Simple battery (domestic violence) (784.03-1A1 (HG)) – Dismissed
- Petty theft ($100-$300) (812.014-2e) – Dismissed
Internal Reference #5023
Facts: Officer responded to location in reference to an assault. Upon arrival, officer made contact with the victim. Victim’s face was covered in blood with small cut on forehead and swelling of his right eye. Victim stated his roommate, the ∆, came home from work and asked the victim if he started painting the hallway yet. The victim stated he had not, the ∆ became irate and a verbal altercation began. The altercation became physical in the living room when the ∆ placed the victim in a chokehold with the ∆’s arm around the victim’s neck. The ∆ then slammed the victim to the tile floor face first. The ∆ then grabbed the victim by the head and struck it several times on the tile floor. The ∆ then placed the victim in a headlock and struck the victim multiple times in the face with a closed fist. The victim had several lacerations to his face and swelling on the right side of his face. The victim’s girlfriend attempted to pull the ∆ off the victim, which gave the victim opportunity to get to his feet and push the ∆ out the front door and lock the door. There was a large puddle of blood on the tile floor in the living room, where the victim stated the ∆ slammed him to the floor. EMT arrived on the scene, treated the victim’s injuries and released him. Officer placed the ∆ in custody and transported him to booking for processing.
Result: Battery – Dismissed
All charges dismissed
Internal Reference #6010
Process: Mr. Foley filed motion to withdraw because client did not pay.
Result: Motion to Withdraw Granted
Internal Reference #6027
Facts: Officer responded to location in reference to a domestic disturbance. Upon arrival officer met ∆’s mother and her live-in boyfriend (victim) who advised the following:
∆ got expelled from school and when he came home, mother and victim decided to speak to him regarding all of his current problems. (Note: ∆ has anger management issues, he has been Baker acted, and is being treated for bipolar disorder.) Victim advised that ∆ became enraged and instead of discussing the issues, stormed out the front door and slammed it behind him. Victim advised that ∆ then re-entered the house and again slammed the door. Victim was very upset with ∆ by this time and yelled out to ∆ to stop slamming the doors of the house. Victim advised that ∆ said in response, “I’ll slam the doors if I want, and I’ll slam you too, with my baseball bat” and went to his room to get his bat. Victim advised he then grabbed the bat and started swinging it at victim as if he was going to hit victim with it. Mother screamed at ∆ to stop and she advised she was able to snatch the bat from ∆’s grip. Mother and victim advised that ∆ began punching the walls in the house and stormed into his room. When mother told him that she was calling the police, ∆ fled from his home. Upon officer’s arrival, victim was visibly shaken. He advised he believed that ∆ would have hit him with the bat if mother didn’t take it from him. Both victim and mother advised they only wanted the police to scare him and tell him that he can’t keep acting like this.
Process: ∆ was a juvenile. Victim signed a request for waiver of prosecution.
Charges: Aggravated assault with a deadly weapon
Result: Aggravated assault with a deadly weapon – nolle prosequi/Dismissed
All charges dismissed
Internal Reference #7005
Facts: On 7/31 at 1858 hours, Officer M responded to a location in reference to a domestic disturbance reported by the neighbor. Just prior to Officer M’s arrival, he located the victim driving away from the location. The victim reported that her ex-husband had just battered her. She advised that he had jumped into her car through the driver’s window several times, grabbed her hair and hit her multiple times. Officer M observed red marks to the left side of the victim’s neck and she complained of pain from the back and left side of her head. Officer M then made contact with the defendant, at his home. The defendant advised that nothing had happened. Officer M observed some red marks on his hands around his knuckles. Officer M then spoke with the witness who advised that she had seen the defendant jump into the driver’s window of the victim’s vehicle and grab the victim, supporting the victim’s story. Officer M placed the defendant under arrest and transported him to the police department. Officer C remained behind and obtained a sworn statement from the victim detailing these events. Mr. Carter was later taken to the jail where he was remanded to the custody of the sheriff.
Charges: Battery-Simple DV
Result: Battery-Simple DV – Dismissed
All Charges Dismissed