shoved me I mean he shoved me hard when I fell yeah I knocked her on knocked her hand off the door so I could close it she fell on her own I road rage escalating to felony battery location Lake County Florida United States Agency Lake County Sheriff's Office charges filed aggravated assault felony battery disorderly conduct hello hi what's up yeah what all happened um well we we started out I was in the mall I was leaving Publix and you know how they have them stop signs yep well he was in a blue truck behind me and I stopped and he just threw there so and there's two white arrows you can either way and then when you come up to pick a bone you could go straight around the bin or whatever okay and before that there was a white car in front of his truck and they were making a right as if to go to Petsmart or something so I went up to the stop sign I turn I went left and he came I don't know he came close like he was gonna hit me that look like it right there almost that's the color of it and um we we were coming down Radio Road and he kept like right on my tail and then then he just stepped on it and went around and passed me and I'm like this fool almost hit me cause when he got in front he brake checked it like so he turned down here and I you know I came I shouldn't have but I came down over here and he slammed his brake on and went over there and I stopped where I am and he jumped out of the car he goes what's your problem I said we both had the white arrow but you I tried to tell him the white car was uh there you slowed up so I went up to the stop sign and I went about my business but you driving erratic and everything so next thing I know he took his fist well I think it was open hand and he went like that right into my chest and I fell over head in the road and she says I went out to the yellow line and I was coming and I saw I saw them coming through from Radio Road I saw erratic driving that's what I saw blue vehicle erratically driving and I saw when they stopped and he got out the car and she came out the car to talk to him I was down probably by the first part of the driveway when I'm seeing this and when I came up she like if I didn't stop I would have hit her she I shoved her and she bounced all the way back to the middle of the road so I turned around and I got the license plate number as he dove off I saw it through my rear view mirror and I turned my head and I memorized it and wrote it down and she saw it too both pointing this way and then y'all were both pointing down this way and I thought well shit that's neighbors arguing and then so I slowed down and then next thing you know he had his hands on her and she was almost to the yellow part of that that line right there I was like I didn't know if you cracked your head open or not what does he look like he's an older man he had white hair white beard like a Santa Claus oh not fat but but he's kind of heavy he was yeah he's kind of husky yes husky yeah the car is like that cobalt the truck is like that cobalt cobalt kind of blue yeah that dark blue but that cobalt kind of blue yeah but this was at the license plate G X y X 0 9 yeah um why I gotta ask why did you feel the need to step outside cause he got out of the car and I wanted to tell him that he was in the wrong because I had an arrow both arrows were going straight the car in front of him had his right turn signal on so he slowed up I went to the stop sign stopped and then I made my left to come out and he just came right up on my the my car yeah yeah do you wanna do you wanna press charges no I guess not but they should find him and tell him that he's crazy okay I mean it's all in it's in your hands if you want to press charges or not pisses me off I didn't even see your car when I went flying the reason why I was able to see their the erratic driving because he actually turn turned in front of you right at the turn of yeah the road like he came out in front of her that's what made me I was like what's going on here I didn't know if there was gonna be an accident so I'm slowing down yeah and that's when I I viewed what happened so I'm just glad I got the license plate number that was my biggest concern but I didn't see she hit her head on the pavement and I saw she bounced no I think I'm okay I'm just my chest is sore where he shoved me I mean he shoved me hard when I fell yeah I mean if he was in the grass that's how far I went okay so but do you want to press charges or no cause it's not domestic so I can't just arrest right oh I understand yeah so it's all that's why I'm saying it's all in your hands no I guess I'll let it go calm down I got my mother in the car she's 89 she's have she's a she's a mess yeah you sure you don't want me a mess or anything no no I'm okay just sore that's all just sore how old how old are you me yeah 68 and he's coming through here like that can y'all find him if she's not pressing charges at least talk to him he could have hurt somebody sure you don't want to press charges cause I mean driving erratically through this neighborhood you know it's fine but I'm just with his license plate number you should be able to find him or at least find the owner of the vehicle and it should be able to let you know I mean cause what if it's like a grandpa or an uncle or somebody what are you gonna go to court and everything you got one would I be able to have witnesses with me I mean that would give me more they wanna write a statement and okay but yes it would involve going to court okay I guess I should I think you should the way he was you don't know if he's off his meds you don't know if he's on his medication my concern would be more for the fact that I haven't forbid you weren't really seriously injured yeah you would have been left on the ground um and you're wrong if you're wrong you're wrong and I feel that if you're wrong you should be held accountable alright okay you wanna write a statement no will you write a statement absolutely okay I'll be right back if you don't mind getting your driver's license please thank you which one is one do not yeah no no no no no you want the top one oh the top one yeah yeah that's just to protect your information yeah say we get the guy and then take him to jail and then he requests a report and now this way since you did this your name and stuff will be redacted okay good but it'll not your name but your address and phone number he'll know he'll know the name because we're gonna put in no contact so pretty much say hey we're not allowed to contact this person that's it OK here's your ID yeah Mine's vaguely written cause I didn't hear nothing or anything like that but I do see it so I slowed down and you know what's weird is we're both nurses we both want to make sure you didn't yeah yeah I just that was my biggest turn when I didn't see you hit your head that's when I looked in my video mirror and I turned my head I hit my knee right here because you went like this when he pushed you you went like this and then you went back you bounced that see it happened so quickly yeah that's how I was able to view that you did not hit your head OK you know alright I'm gonna just go over the of what happened first um and first before I forget let me take a photo of these do you hit anywhere else this is where he pushed me up from here is it red are you able to no no you gotta do it yeah you just kind of pull it down right here is where he pushed me OK alright and then anything on the back of your head no your back is your back burned at all no alright tomorrow so you wanna kind of maybe rub your head make sure you don't have anything no does it hurt at all or anything no OK all right ma'am here's um here's your case number uh and you said he was like an older man gray hair gray Santa Claus beard yeah how much hair did he have on top um probably kind of sort of like yours it wasn't like was it wrong no it wasn't wrong alright no problem and if you saw him again you would recognize him I think I would yeah kind of sort of cause when I see that there was a blue truck that went by I looked to see if it was him and it wasn't yeah yeah okay when I fell I was looking that way to see if he turned down one of these roads but I couldn't tell okay no problem here's your case number but he was driving ridiculous yeah I understand ridiculous OK well I'm sorry I hope you have a better day OK try to have a relaxing evening alright if you end up sir obviously needing medical attention please go OK or call or call us my knees a little roughed up and right here is gonna probably get it not I don't think it's gonna be bruised but it might be sore it's tender yeah yeah so obviously give us a call if you need help or just take yourself whatever you feel comfortable okay okay thank you you're welcome take care hey dad you definitely have the Lake County what happened you want to hear my side yeah come on this lady is freaking nuts buddy okay we are and by the way I never pushed her down she grabbed my door tried to rip it open and I knocked her hand off we're coming through the mall parking lot right before we get to ikabons and there's a car turning right so I slow down and you know that that turns into a single lane right there when you turn into ickabons okay she went between me in a car like right there that was gonna turn into ickabons and almost hit both of us so when she got to the stop sign right in front of me which is so I I get there's all the the road rage part of it I understand all that what what happened when you guys got on Treadway I turn she like this far off my bumper so I brake checked her twice not to hit you know just make her back off this lady was I never a cuss word never came out of my mouth I never flipped her off never nothing I whipped over and stopped the truck and I'm like what is your before I could even say what's your problem she is running up to my truck and I'm like what is your problem I said you cut me off I and I just blew the horn at you that's all I did oh you did this you did that I'm sick I'm you know I'm like what's the matter is you're upset because I called you out okay you know I called you out on it and now you're embarrassed about it well how did you call her out about for what she did OK embarrassing herself OK cause so when she got in front of me I'd blow in the horn she wouldn't go just sit there and sit there and I'm blowing the horn and then we get out there and we go out on radio road yeah and then she's going and I'm going then we get to the red light she rolls her window down starts flipping me out cussing me and I'm like and I'm waving just like this that's all I'm doing so we go down Treadway and then she starts uh slowing down crap stop want to stop in the middle of the road so I drove around her got up here to the stop sign turn around she almost ran in my truck when I made the turn so the little subdivision right there I pulled over like she comes running up to my truck were you in your truck at the time I was in the process of getting out okay and then she comes running up to my truck and I'm like I got about right here yeah you can imitate it if you want kind of help me put in the so you got yo you got out of your car yeah I got out I'm like what is your problem she ran up right my face start you doing this you doing that I'm like exactly what I did constantly I mean right on my I go like this never said a word I get in here get right here she grabs my door and rips it open I grabbed it again she tried to close it and I went said get off my truck that's when she fell I closed my door and drove off trying to get my damn truck I'm telling you the lady lost her mind yeah I mean that's what I'm saying she's totally embarrassed at what she did yeah I understand she didn't hurt herself she tripped over her own two feet you know I would never ever ever do it never said a cuss word to her never said nothing you wanna write it up she lost her mind I mean I don't have a problem with it yeah I know 30 624 47 you can go through you know sometimes you just need to let stuff go all I was letting her know like lady you wanna write a statement I don't care I recommend you do that's fine um okay that's a lot of writing man well we also have two other witnesses yeah and the the victim oh yeah sure but but but the thing is technically speaking from what her side of it she's a victim of course um and there's intent to prosecute of course it's over 65 and it's a felony I'm 65 yeah but she's over 65 too she tried to get in I get it I get it that's what I'm saying if you would if you don't mind writing a statement goddamn when do you want to come pick it up more no it needs to be done now well let's go come on well I'll even sit in your car and do it alright you need to sit in my car but you can ride it you can go inside and ride it I mean I can't have but the thing is it you need to I can't ride all that you don't need to put in she was tailing me and all this other crap just say I'll put in what happened right here that's it and I don't care about the driving pattern 54 never pushed her she tripped on her own two feet I'm telling you lady was going nuts so what you told me you need to write it down because this would be a felony crime yeah so if what you said is true I'm not even I'm not worried about it because I know what happened yeah no I know but I'm just saying just you know what happened sure yeah but what I'm going off of her is a different story so that's why of course yeah that's why I would like for you to just please write down say you know start it off where I pulled off to the right yeah go from there okay don't worry about the whole driving and crap like that okay watch your head you wanna go inside and ride it stay out here or what what do you want let me open the garage door alright I'll meet you over there turn right on radio road pulled off over to the side of the road see what her problem was she runs up to me screaming and yelling I asked her what her problem was she said you cut me off or I said you cut me off at the mall she proceeded to cuss me and get in um I never not one time cussed her I turned around to get into my truck and go on she fell she followed me to my truck and as I got in tried to shut the door she grabbed it and would not let me close the door about the third time she would not let me close the door I knocked her on knocked her hand off the door so I could close it she fell on her own I did not push her then I left okay no problem you believe me I'm gonna write it up I think you do haha yeah I'm gonna write it up but you swear this is the truth you know that's your knowledge fuck dude it's okay cool come on man alright um I've never touched a woman me and my wife been together for 43 years man I've never touched a woman yeah are you uh do you have any questions for me OK what the hell took you so long to get here I was out there the whole time look trust me I'm gonna tell you OK alright sir nothing nothing I'm still gonna like I said I'm still gonna drop the charges but I think that's fine but it's amazing how people turn when they get busted when they're guilty for doing something you know that you see it every day just next time don't pull over but she wouldn't get off my I asked her too I asked her why did you get out of your vehicle yeah I get it I get it it's both parties she wouldn't have happened though she would not quit following me okay alright sir so then you pull up what did you oh my God oh meow meow alright sir well go enjoy your man cave or go watch the races with your son alright I appreciate it buddy alright thanks for being so friendly no problem take care okay hello hi hi is is Ralph home yes can I see him please yes one moment thank you you're welcome he goes inside shuts the door and never comes back up he would he yeah I'll put him in handcuffs or something I'll explain it to him but yeah he just straight up he lied to my face he said that he tried to shut the door four times whatever the guy across the street said no they were he pushed her down in front of her car fair enough that's the bottom line we have an independent witness not all them together Ralph come on out here all right all right we're counting money back can I change no no I'm going to change man sir no no Ralph Ralph it's okay I'll call the girl I'll call the girl it's okay it's okay you'll be okay you guys don't have to be jerks about this you're being a jerk we instructed you to do something when we instruct you to do something you don't do it that's resisting arrest we are going to be very calm with you but stop stop pulling away can I have whatever's in his pocket yep get my phone for me can you have this thing yes OK I'll be just as calm about this as as you want but you gotta this is the I had no I had an independent witness I just spoke to that witnessed the entire thing that knows nothing or that I called them and went to their house you at no point tried to shut your door and she opened it the hell I didn't you ended up pushing her in front of her vehicle no I wasn't nowhere near her vehicle okay I was sitting in my truck okay I wasn't there I don't know I was and she was the aggressor to the whole thing I hear you and you know that cause she admitted it I knew I should have just I knew I should have just hit my break and made her hit me on the other side on the other side I knew I should have just hit my brakes and made it rear end me and we wouldn't be able to communicate right now but no I tried to be the nice guy that's my wallet you want all this to go with you or you want to stay here or what no I want it to go with me well no I guess I ain't gonna need it am I you can bring your ID y'all know who I am it's up to you now I'll give it to my mom just leave it here alright let's give it to my mom alright yeah I just don't appreciate people lying about what I did aggravated assault Florida Statute Section 784.021 a motor vehicle operated as a threatening instrument qualifies as a deadly weapon under Florida case law deliberate brake checking and high speed tailgating directed at another driver satisfies the elements of aggravated assault without physical contact battery Florida Statute Section 784.03 elements intentional act physical contact against the victim's will intent to harm is not required intent to touch is sufficient to establish the offense a suspect who strikes a hand away from a vehicle door may still satisfy all three elements under this statute felony enhancement Florida Statute Section 784 0 8 2 c battery on a person 65 years of age or older is reclassified from a first degree misdemeanor to a third degree felony punishable by up to five years under section 775.082 the victim's age alone determines the reclassification this is the decisive statute in this case constitutional authority knock and talk Florida v Jardines 569 US 1 2 0 1 3 officers may approach a home's entrance and knock without implicating the Fourth Amendment warrant requirement the suspect stepped outside voluntarily removing any Peyton v New York home entry concern entirely voluntary statements Miranda Threshold Burkimer v Mccarty 468 US 4 2 0 1 9 8 4 Miranda warnings are not required during pre arrest investigatory questioning the suspect's admission to brake checking twice and acknowledging physical contact with the victim were made voluntarily in a non custodial setting and are fully admissible warrantless arrest Florida Statute Section 901 1 5 7 an officer may arrest without a warrant upon probable cause that a felony was committed and that this person committed it probable cause requires only a reasonable belief based on articulate facts it is not a preponderance of evidence it is not proof beyond a reasonable doubt use of force during arrest Graham VS Connor 490 U s 3 8 6 1 9 8 9 reasonableness of force is judged from the perspective of a reasonable officer on the scene at the moment of the decision not with the benefit of hindsight resistance to a lawful arrest additionally triggers Florida Statute Section 843.02 resisting an officer without violence lesson Learned domestic VS stranger battery Florida Statute Section 741.2901 mandates arrest in domestic violence cases only for stranger on stranger felony battery Florida Statute Section 901 1 5 7 grants full arrest authority based on probable cause alone independent of victim cooperation misstating this distinction to a victim may discourage a legally valid prosecution from moving forward lesson Learned elder Protection statute Florida Statute Section 784.08 is widely misunderstood any unwanted physical contact against a person 65 or older automatically becomes a felony regardless of intent to harm regardless of injury severity and regardless of the suspect's own age early identification of victim age is critical to correct charge classification in the field