Absolutely, yeah. >> okay. >> I mean, the evidence is right there. >> Okay. Well, based on that, that's uh sufficient for us to arrest >> On July 2nd, 2023, St. Petersburg Police responded to a reported battery at a 7-Eleven on 34th Street South. A dispute over a declined payment had allegedly escalated when a store clerk threw a large drink at a customer, striking her in the head. Officers began interviewing those involved to determine what had happened. >> Go to the right of the civil. This gentleman right here, I was at I came in to purchase some uh items from 7-Eleven, and I had got two drinks. I had a brownie, sunflower seeds, and at first I didn't have enough money, so I said, "Let me go out to my car to get my my wallet." Came out to the car to get my wallet, came back in, and I wanted to do multiple, you know, split payments. He told me that he couldn't do split payments. And he just seemed like he was so agitated and irritated with me. So, I said, "Okay, well, fine. Just take the brownie off, and I'm I'll pay, you know, for them separately." He took the brownie and flung it behind him. Like, "Why would you do that? I was about to purchase it." "Well, you There go more brownies if you want to purchase them." So, you know what I did? I said, "Fine. You can have this." I didn't I didn't take anything off the register or throw nothing at him. As I was walking out the door, he took this cup and flung it and hit me upside my head as hard as he could. And I want to press charges. This is my witness here. His girl I'm not I'm not sure who she is. >> You said you said you need rescue? >> Yes, I do. >> What do you need rescue for? >> My head is hurting right now. >> From >> From From From the impact to my head. Yes, my head is hurting. >> Let me let him know to come out come over to check you out, okay? >> Or I either I can go to the hospital, however it go, but >> 131 Bravo, rescue to movement. So, this gentleman right here, he's a witness for you? >> And there's another lady in her car as a witness. Several people in that car over there. They say it's >> The Mercedes? >> Uh no no no the Sonata. >> The one next to the Mercedes over there? >> Mhm. >> Okay. I'll go talk to these folks too. Let me grab your name and your info real quick here. When did this all happen around? >> This happened about 10 minutes ago. >> 10 Did you have your phone with you? Does that show the time you called us? >> Uh matter of fact Yes, so it happened about 15 minutes ago cuz I tried to warn my car at about I called you 10:24. >> And what what time was that at? >> I tried to warn my car it said 7 minutes ago but it had the time that's when I asked him about doing just taking it off and I'll just you know pay for it separately. >> And this all happened at the register area? >> When he took the brownie and slung it and I just pushed the stuff said, you know, fine I'll you know, I'm not going to get this stuff you're going to treat me like that. >> And you're just basically upset cuz you were trying to divide up payments on it. >> He was already upset agitated. And he had walked away from the register when I pushed the stuff back and said I fine I'll >> And that's that's the cup theory too. It's a big old What you have in there? >> I had a This is a lemonade that I had in there. It's all over the floor and ice. >> And where did it hit you on your head you said? >> Right here. >> On the left side of your head? >> Yes. >> May I have a take a look see if you got any kind of injury there? Looks like rescue just got here. >> My neck hurts. >> Just right here? >> Yeah, he hit me so hard >> No lumps, cuts, nothing like that? >> But my neck is hurting and the side of my head is hurting. >> Okay. >> From the impact. >> Rescue's here. They'll come take a look at you. Are Are you a witness to this? >> Yeah. >> Uh yeah, I saw what happened. >> I'll talk to you each separately. I'll talk to you first and I'll get with you, sir. This is your patient here. I'll talk to you first. All right, do you mind if I grab your name and your info from you? >> I was in line. >> You were at the register? >> Yeah, it was a little line. They were at Well, he and his girlfriend were in the front of me. >> And what did you see happen? >> So, I was standing there, you know, I saw her. She was standing there cuz I guess her card wasn't working. >> Her card wasn't working? >> So, you know, he was getting frustrated and he hopped over to the other side, took somebody else. And then I guess he came back over there to where she was and she tried her card again, wasn't working. She was like, "Okay, we'll just take this off." I guess it was the brownie cuz he grabbed it and threw it. And I was like, "What did So, once he threw the brownie, it went up by the tobacco products and landed up there. And then, you know, he walked over to the other side again, started helping somebody else. So, she just pushed the two drinks she had on the counter, pushed them down. >> What do you pushed them down? >> She did just like this and it fell over. She was going like this. >> She pushed them off the counter? >> No. >> They jumped over, pushed them over on the counter? >> No, they were like this and then fell over. So, she just >> It didn't spill all over this place? >> No, they still had the caps on them. So, the drink So, one of the drinks that was on the counter that tipped over, he picked it up and as she was walking to the door, he picked it up and he chucked it at her, and threw it. And then it hit on the left side of her head and opened up and busted on her. >> You saw him pick up the the big gulp and throw it at her? >> Yeah, it was like a yellow something yellow in that cup cuz there was something white in the other cup. And >> You saw it hit her? >> Yeah, it hit her the left side of the and the cup opened up. It busted open all over. You know, and then she turned around and was like, "Are you serious?" And then after that, he sat up here and grabbed something else. I don't know if it was like one of the scanners or something, act like he was going to throw it at her or something. He was like, "You throwing stuff at me." But, I didn't see her throw anything at him. I mean, when she pushed her drink over on the counter, it didn't spill, didn't touch him. He was on the other side of the counter, so I don't know what he was talking about she threw at him. But, I didn't see her throw anything at him. >> And tell me what you saw. What did the lady do? She was trying to check out at the cash register and her card >> And where were you at that time? >> I was standing right behind her, I was the next person in line. And her card wasn't working. So, when she tried to swipe pay it like the worker was acting all extra for no reason. He threw his hat over the counter. Then he threw her brownie all the way up in the air, almost hit the dude. And then she at that point she was like, "All right, I'm good." So, she asked who did her stuff back to her, some. And then that's when he had grabbed the cup and threw it over his head and hit it in the head with it. >> Take your phone call. >> Well, I'm going to try to have to put one of them in the second. So, can I call you back? >> Hello, sir. Are you the only employee that's here right now? All right. I'm going to need to speak with you. I know you got some customers in the store. Is there any way that maybe we can just close up for a minute while we speak with you? >> Yep. >> All right. >> Simple. Sweetheart, is all you're getting coffee? >> Sorry. >> You're good. >> Thank you. >> There's one more customer. She's going to leave with >> This lady here? >> Mhm. >> All right. >> Thank you, guys. >> All right. So, uh let me make sure I got your info here. Is this Gulfport address up-to-date for you? >> What charges am I looking at? >> Well, I'll talk to you about that in just a second, but I got to interview you about what the allegations are. Okay? So, uh the lady outside is alleging that a battery occurred, that a drink was thrown at her, hit her in the head. So, we're here to investigate a battery allegation. Um you've been identified as suspect in this. So, before I ask you any questions about what happened, I need to make you aware of what your Miranda rights are, okay? You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him or her present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand each of these rights as I explained to you? >> No question on it. >> Hear that? And having your rights in mind, are you willing to talk to me about what happened? >> Not really, but I will. >> You do or you don't? >> I don't even know, man. Y'all got cameras. Sir, >> Excuse me, we're we're kind of close for a minute. I'm sorry. >> Man, there's cameras all around. >> Yeah. You Are you willing to talk to me then? >> On record? >> Yes, on record. You don't want to speak? Okay, that's your right. Um There are There are cameras in here. Is that Is there any way we can take a look at the cameras? Do you have access to the cameras? You don't? >> My bosses do. >> All right. Um Did Did we hear back from Echo yet? >> Um yeah, I'll talk to you about it though first. >> All right. Well, just let me to make you aware >> If this a case where I got to call my boss, then he has to have somebody come in because I'm going to jail, let me >> So, so >> Based on I have two witnesses who decided to stick around to talk to us about what happened. They're giving corroborating statements about what happened saying that you threw a big gulp drink at the lady's head. >> I absolutely did. >> Okay. >> the evidence is right there. >> Okay. Well, based on that that's a sufficient for us to arrest you for a battery charge. Okay. I don't know what your criminal history is right now. We're still trying to figure that out. Have you ever been arrested for battery before? >> I've been arrested for domestic violence, um capital sexual battery. >> Okay. So, you got a history of >> a No, that was when I was 13. I'm 35. >> Okay. How about since you've been an adult? Have you been arrested for any kind of batteries? >> No. >> Okay. We still just have to check your criminal >> Well, I got a I got a domestic violence which I don't know if it was dropped or not. >> Depending on the circumstances, you may um qualify for an adult diversion. I just have to check on your criminal history and see if you qualify >> I doubt it. >> You doubt what? That you qualify for an adult diversion? Okay. Well, I'll still check into it. But, if >> You're talking to somebody that has a charge that he could have gone to prison for for the rest of his life. I highly doubt it. I qualify for a diversion. >> Okay. Well, then if it sounds like it might be a good idea for me to call to see if we can get another employee in here so that they can work here cuz if if I can't give you an adult diversion or anything >> until I know for a fact. So, once you tell me, I can call him and then look I'm not >> You want to just stand by with him and then I'll see what I can work out with Echo here. >> Yeah. So, he's He's got a Only thing they found as an adult is a sexual battery charge less than 12 years. >> He's as as an adult? >> As an adult. But, when I look at the statute, it only says battery. It only says battery, aggravated battery, felony battery. I'm sure that would fall within a felony battery, no? I don't think so cuz it's a whole separate charge and it's very specific. First there's one person who gets hit for battery, aggravated battery, fourth felony battery and he commits a second or subsequent battery. I mean it's pretty specific as far as batteries go. So. >> 0707 Yankee Victor. I heard him talking before when I >> Hey, we're ready to figure this out here. >> Yes, sir. >> Are you on the phone with the boss man? >> No, I'm on my girlfriend trying to figure out what's going to happen to my stuff and the old restaurant. >> Okay. Well, uh why don't you go ahead and get a hold of the boss and tell him you're going to need somebody to come down to fill in for you. Yeah, unfortunately. >> Hey, sir. Hey, how soon can you get somebody here to the store? I'm going to jail tonight. Yeah, they're taking me to jail. I don't >> I don't know what to tell you. >> I'm going to jail tonight. Like this is Here they are. They're they're like I'm I'm I'm not joking. They're waiting like Chance calling me because they have to [ __ ] replace me. I'm going to jail tonight. >> Somebody will >> I >> I guess so. >> Can I can I just call you back in a second? >> She says she's going to call me back in a minute. >> No. >> Yes, sir. She's upset for for a reason. >> I think that she wants immediate satisfaction. >> Yes, sir. >> Yes, that's >> We're doing the investigation and it's not to >> Can I open the door for my replacement? >> Are they here now? Are they here now? >> Yeah, let's do that. >> I I She's like, "What's going on?" I was like, "We're doing the investigation stuff." >> Yeah. >> And she was upset at everything. >> Um >> Hey, are you guys taking me right now? >> Yeah, we have 5 minutes. Do it like Hold on. Hold on. >> I I'm just trying to Is this the boss? >> Yep. >> Hey sir, this is Officer Clerkner with St. Pete Police. Uh Good, thank you. We had an incident down here where your clerk was a suspect for throwing a drink at one of the customers. So, we have probable cause taking to jail tonight. So, we got to take him. Do you have someone that can replace him fairly quickly? Oh. Okay, she's here. I'm sorry. I'm sorry, she's here. Your your other employee just showed up. >> Yes, but my question to you is but throwing a drink at a customer is that like punishable by law or something? >> Yes, it's it's Yes, sir. It's considered battery. It's a Yes. Yes, it is. >> And what about the customer who had the drink that you saw what happened to me? >> She didn't throw the drink at me. She just pushed them at me. It's It's not the same. I was wrong. I'll admit it. >> Okay. All right, just show just show Stacy for like 5 minutes cuz it's going to take me at least 25 minutes to get there. Um just show her your employee password so that she can start ringing up the customers. >> Um sir, that depends on if the cops are okay with that. I don't have a >> I need to get the store open. Let me talk to the cops then. >> Hold on. Hold on. Hold on. One second. You're on speaker phone. Hold on. >> what's your question, sir? >> My question is can we not open the store for public right now? >> Yeah, of course you can. If you got an employee here that's able to run things, that's up to you. >> Can Can I just ask you >> you know Do you have everything you need to do the job right now? >> I have his codes. >> You have everything you need? >> Yeah. >> All right. She'll be behind your back. >> I can't smoke a cigarette? >> No, we we can't stick around here do cigarette smoking. Just put your hands behind your back for me. Yeah, I'm going to make this comfortable. Turn your head this way. There you go. Not too tight? I only ask because everybody always complains once they sit in the back of the police car, "Oh, my hands hurt. These are too tight. It's uncomfortable." Nothing else we missed on you here? >> Um it >> You want to leave the hat with her, too? >> Yes. >> Okay, I'll give that back to her, too. Have a seat for me. >> Nothing else on you we didn't miss? No, nothing here. I didn't have prescription there. You want to take them off then? Man, I don't care. >> can put your size back on. All right, just have a seat for me. >> As the investigation unfolded, officers compared witness statements with the accounts provided by those involved. After gathering the available evidence, they concluded there was sufficient probable cause to place the suspect under arrest. Based on the conduct observed in this body camera footage, the following charge could apply: battery FS 780.4.03. Potential charges are presented for informational purposes only and may differ from the final charges filed or the ultimate outcome of the case.