8/20/2019 probable cause.pdf

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PROBABLE CAUSE AFFIDAVIT

CASE :

0015018881

TO: FIRST APPEARANCE MAGISTRATE

DEFENDANT: Dalvin James Cook

er: ·

·

 

.

CHARGES:

F.S.S. 784.03(1)(a)(l) -

Battery-

Touch or Strike

.

i

0

SUMMARY

OF OFFENSES

AND

PROBABLE

CAUSE

AFFIDAVIT:

--   . w

On

the morning

of

Tuesday, June 23, 20

15

, the Tallahassee

P6li ce

Department was

dispatched to the area ofCiydes and Costel lo's Cocktail Bar, 210 South Adams Street, in reference

to

an

assault.

The

original CAD notes stated that the complainant, Madison Geohegan, advised 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: Madison

Geohegan (complainant victim), Keara Lubeskie (Geohegan's friend and witness), and Justin

Rossi (independent witness).

Officer Smidt first spoke

to

Geohegan. 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 Lubeskie and Rossi. Geohegan told him that after the

bar

had closed

[Clydes and Costello ' s closes at 2 A.M.] she and Lubeskie were speaking

to

several FSU football

players. The two parties began to get into a heated, verbal argument, which mainly centered

between Geohegan and a male. At the time, Geohegan did not mow who this male wa

s,

and

believed

he

was the older brother of an unknown FS U 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 Geohegan had been speaking with (not Cook) became upset when she told

him she had a boyfriend, and began

to

yell obscenities at her. She

sa

id Cook came over and was

originally trying to calm the situation down. The other ma

le

had walked away, but was continuing

to

yell at her. At some point, Travis Rudolph also approached her and began a conversation, which

5-7 FSU footballplayers punchedher in the lip andleft????

This guy wasn'teven there!!

injury from 5-7football player

der brother ofSU player??

I believe she isreferring to Devonte

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turned into an argu

men

t between them. Geohegan told me she had several people yelling at her and

that the situation was confusing.

She stated Rudolph 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 Rudolph, 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 s

he

fell back against a black Jeep parked

along the roadway.

Cook

was restrained

by

people nearby and Geohegan remained near

th

e Jeep as

Cook was forced back approximately ten feet from her He approached her again, and, while being

res trained, managed to strike her at last one additional time in the face; t is caused her to fall to one

knee. The group of football players, along with Cook, then walked away.

•

In

vestigator's Note: In the original report, the name is Travis Randolph. This is erroneous,

and the individual she was speaking to is Travis Rudolph.

Justin Rossi, an independent witness, said he was at Clydes and Costello

's

inquiring about

a security job. He saw a black male being very forward with Geohegan about taking her home

and having sex with her. After the bar had closed, he was out

si

de, and saw the same black male,

n

ow

with a larger group. T

he

males were arguing with Geohegan and Lubeskie, and Rossi said one

of the males punched Geohegan. He provided a sworn written state

men

t I spoke with Rossi at a

later date, and showed im a photographic line-up cont

ai

ning Cook; he was unable to identify

anyone in it as being involved.

Lubeskie stated she was outside of Clydes and Costello's with Geohegan and was talking

to her friend, Travis Rudolph. Whj}e speaking with Rudolph, s

he

saw Geohegan get 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 Rudolph was not involved in t

he

incident and that

the

male suspect had dreadlocks I

la

ter spoke wi

th

Lubeskie, who told me the

suspect was Dalvin Cook. She had received this name and made the identification after speaking

with Geohegan.

2

Maybeecausehe was

ntoxicatedo the point

hat sheould nottandp???

She actuallypunched him

back of the he

No cars were

outside of Clydeso after they beat her up, they "walked" away? Did imention there was a olice car next to the incident?

s guy was neverre!! he wasde the bar

He heard all of this in a club?how close was he to them?

He is saying they were arguing with both girls.

She is saying she was talking to her friend

Rudolph... Which one is lying?

maybebecauswas ins

How drunk washe that he conot understananything else?

She IdentifiedCook afterspeaking with"victim" hmmm.

She was too drunkat the time, so sheasked her friendthe next day whothe person was....

Battery

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After speaking with Geohegan on Friday,

June

26, and Monday,

June

29, Cook was

identified through social

media by

Geohegan,

Lube

skie, and

Geohegan's

father. Subsequently, I

showed Geohegan a 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

at 232 Hayden Road. Cook

sa

id

he

could not

remember getting into an

argument

that evening /morning, and stated

that he

did not hit anyone. I

also interviewed Rudolph

and

Deondre Francois, who were apparently

present

along with Cook.

Rudolph

sa

id there had been a

ve

rbal altercation, but that

he

was

unaware of

a fight taking place.

He mentioned to me that they had left before things got out of hand. Rudolph said he was with

Cook the entire evening, and at no point was

he

separated from him.

Francois also said there

had

been a verbal altercation, and that

Rudolph

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 Rudolph

got

in, they were upset about

the

incident. Francois 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 Attorney

Meggs

approved this probable

cause

affidavit, charging Dalvin

Cook with one count of Battery -

Touch or

Strike 

in

violation ofF.S.S.

784

.03(1)(a)(l).

Due

to a

previous arre

st

(2014MM3097Al) ,

Cook

does not qualify for the

Adult

Civil Citation program.

Due to this previous arrest resulting in a failure-to-appear , he does not qualify for a notice-to

appear, and an arrest warrant is being issued

The preceding is true to the best of my present knowledge

or

belief.

Investigator e

Tallahassee Po ce

Department-

Criminal Investigations Division

N O T A R Y A S A ~

Notarization: Sworn and subscribed

before

me on July 10, 20

15

My

commission expires: Law Enforcement Officer

3

They showed themsocial media pix ofCook beforepresenting a lineup to identify thevictim???? SMH!!!

How did the DADidentify COOK???he was neverthere!!!

BATTERY!!!