lonam 1 @agiAl PROBABLE CAUSE AFFIDAVIT CASE #: 0015018881 TO: FIRST APPEARANCE MAGISTRATE DEFENDANT: Dalvin James Cook CHARGES: P.8.8. 784.03(1)(a)(1) — Battery - Touch or Strike SUMMARY OF OFFENSES AND PROBABLE CAUSE AFFIDAVIT: ~ € Hd Ol Ar sez On the moming of Tuesday, June 23, 2015, the Tallahassee Poliée Depabiment was dispatched to the area of Clydes and Costello’s Cocktail Bar, 210 South Adams Street, in reference to an assault. The original CAD notes stated that the complainant, Siam, edvised that 5-7 FSU football players had just hit her in the lip and left the scene, with a time delay of ~five minutes. Officer Smidt (#337) arrived on-scene and spoke to the following individuals: SIMA AMRORE (complainant / victim), WARMED. fiend and witness), and my GHEE (independent witness). Officer Smidt first spoke to QJMIMIMy He notated that she had a bloody lip and had dirt on her left knee, and was intoxicated; digital photographs were taken of her injuries, She was standing on the sidewalk With A a AEG AEG 01 him that after the bar had closed [Clydes and Costello’s closes at 2 A.M.] she and (QS were speaking to several FSU football players, The two parties began to get into a heated, verbal argument, which mainly centered between QNEBMB and a male. At the time, QEMMMMMMpdid not know who this male was, and believed he was the older brother of an unknown FSU football player, based on a prior conversation she had with this person, The male was later identified as Dalvin Cook, which is detailed below. The first male MBE had been speaking with (not Cook) became upset when she told him she had a boyfriend, and began to yell obscenities at her. She said Cook came over and was originally trying to calm the situation down. The other male had walked away, but was continuing to yell ather. At some point, (000000999 also approached her and began a conversation, which‘tumed into an argument between them. GQRIEMEEMIQ told me she had several people yelling at her and that the situation wes confusing. She stated was too close to her, so she shoved him away. He did not react other than continuing to argue. Cook asked her if she had to push (MIM, and she said after that “it happened quick.” Both parties were yelling and screaming at the other, and Cook began swinging at her. She did not know how many times she was struck, but she fell back against a black Jeep parked along the roadway, Cook was restrained by people nearby and IEEE zemained near the Jeep as Cook was forced back approximately ten feet from her. He approached her again, and, while being restrained, managed to strike her at last one additional time in the face; this caused her to fall to one knee. The group of football players, along with Cook, then walked away. ‘© Investigator’s Note: In the original report, the name ‘s (ZT This is erroneous, and the individual she was speaking to ‘s za RR, «x: independent witness, said he was at Clydes and Costello’s inquiring about a security job. He saw a black male “being very forward” with WERBB «bout taking her home and having sex with her. After the bar had closed, he was outside, and saw the same black male, now with a larger group. The males were arguing with (Jimmi n< ind Ssaid one of the males punched (UMMM He provided a swom written statement. I spoke with Rossi at a later date, and showed him a photographic line-up containing Cook; he was unable to identify anyone in it as being involved. GBB stated she was outside of Clydes and Costello’s vit and was talking toher fiend, UGE, While specking wit GRIMM, she sew GMM oct punched by the older brother of a freshman wide receiver for FSU. Due to her level of intoxication, Officer Smidt said all her could understand from her at the time was that QE was not involved in the incident and that the male suspect had dreadlocks. I later spoke with @RBMMQ, who told me the suspect wes Dalvin Cook, She had received this name and made the identification after speaking withAfter speaking with (@QHMINMM} on Friday, June 26, and Monday, June 29, Cook was identified through social media by Gur, SHEGRe, and GVA father. Subsequently, I showed @HREBBMEp. photographic line-up, in which she positively identified Cook, with 100 % certainty, as the person who had punched her. On Wednesday, July 1, I interviewed Cook ct [iS Cook said he could not remember getting into an argument that evening /moming, and stated that he did not hit anyone, I also interviewed (009 and QQRREEERE? who were apparently present along Cook. EBBBB said there had been a “verbal altercation,” but that he wes unaware of a fight taking place. He mentioned to me that they had left before “things got out of hand." GERM said he was with Cook the entire evening, and at no point was he separated from him. (RBBEMRalso said there had been a verbal altercation, and that QUEM had been struck by one of the females, but he did not witness anyone else fighting. He told me he had gone and sat in their car, and when Cook and (IRE got in, they were upset about the incident. (MIM, denied his witnessing or them talking about a fight. On Thursday, July 2, I presented this case to the State Attorney's Office for review. On Friday, July 10, State Attomey Meggs approved this probable cause affidavit, charging Delvin Cook with one count of “Battery ~ Touch or Strike” in violation of F.S.S, 784.03(1)(a)(i). Due toa previous arrest (2014MM3097A1), Cook does not qualify for the Adult Civil Citation program, Due to this previous arrest resulting in @ feilure-to-appear, he does not qualify for a notice-to- ‘The preceding is true to the best of my present knowledge or belief. an ge SIGNATURE, Investigator Jepftt Federico #680 Tallahassee Police Department - Criminal Investigations Division NOTARY/ASA EZ om) ‘Notarization: Sworn and subscribed before me on July 10, 2015 My commission expires: Law Enforcement Officer appear, and an arrest warrant is being issued.Probable Cause approved by State Attomey, 2 Judicial Circuit, William Meggs on July 10, 2015 SIGNATURE, Wh WG ORDER: THIS CAUSE coming before me as a First Appearance Magistrate, and having reviewed a Affidavits, find: Probable cause sufficient; Probable cause not sufficient and unless corrected within defendant shall be released on his own recognizance, the Bond Amount Requeste: JUDGE@SIGNATURE