A homeless man in Leesburg was arrested last week on a warrant charging him in an attack in December at a Speedway gas station.
On the evening of Dec. 20, 2023, an officer with the Leesburg Police Department responded to a Speedway gas station in Lake County regarding a battery complaint, according to an affidavit of probable cause out of Lake County. The officer met with the 59-year-old male victim who was an employee of the business.
The victim advised that at about 5:30 p.m., he was taking trash to the dumpster on the east corner of the store when he saw a man, later identified as 47-year-old Bernie Edward Box, ride up on a bicycle. He approached the store’s “corral,” a small, fenced area near the dumpster, and looked inside. He then walked over to the victim and told him that the store manager told him he could take some items from the corral, the affidavit said.
The victim told Box that the manager was not present, and he would have to come back when she was at the store. He informed Box that he could not give him permission to take anything from the corral without her authorization, the affidavit said.
Box closed the gap between them, got in the victim’s face and told him he was going to take the items anyway. The victim stated he could not take anything and to get back on his bicycle to leave the property. Box then grabbed him by the sweater and struck him in the face with a closed fist, knocking his eyeglasses off and to the ground. The victim hit back once in self-defense, and Box left the premises, the affidavit said.
The officer was able to meet with the store manager, who was not working at the time but came to the store after being informed of the situation. Upon hearing a description of the suspect, she believed him to be a homeless man she knew as Box with a “Scorpio” tattoo on his neck. She advised that she did not give him permission to store or remove any items in the corral or anywhere else on the property. She wanted him to be issued a trespass warning if he was found, the affidavit said.
The officer then had LPD run a criminal history check on Box, leading to the discovery of an active Lake County arrest warrant for trespass. Additionally, he had at least two prior convictions for battery, the affidavit said.
After clearing the scene, the officer noticed a person matching Box’s description on a blue bicycle at the corner of U.S. Highway 27 and West Dixie Avenue. The officer parked his patrol vehicle and approached Box on foot, during which he observed a “Scorpio” tattoo on his neck. He was arrested on the active warrant and found to be in possession of a small amount of marijuana, the affidavit said.
Box was then transported to the LPD and questioned about the incident at Speedway. He explained that he was at the gas station to get a pressure washer and trailer that he kept there. He initially stated that the store manager gave him permission to store items at the proptery but later admitted that he assumed she would because she let other people store things there, the affidavit said.
When he got to the store, Box saw the victim walking back to the store and informed him why he was there. He alleged that the victim became agitated and got close to his face. Due to the victim getting close and spitting when he spoke, he closed the distance and got nose-to-nose with him, the affidavit said.
As they argued, the victim struck Box, and he grabbed the victim in self-defense. The officer informed him that getting close enough to touch noses was battery, and Box stated that he did not touch the victim’s nose. He stated there was enough space to put a piece of paper or a business card between them, the affidavit said.
Box was ultimately issued a trespass warning for the Speedway location prior to being taken to Lake County Jail for the warrant and drug offense, the affidavit said.
The following day, an LPD detective reviewed the details of the incident and Box’s criminal history, finding five prior convictions for battery and classifying the case as a felony. He also put together a photo lineup for the victim to review. The victim consequently immediately and positively identified Box as the one who struck him, the affidavit said.
A final review of Box’s criminal history showed that it was extensive, spanning nearly 30 years and including eight felony convictions and 23 misdemeanor convictions for a variety of offenses. Among them was a battery regarding an arrest by the Sumter County Sheriff’s Office in 1996 and several domestic batteries, the affidavit said.
The affidavit was signed Monday, Feb. 5, and Box was taken in the next day by LPD. He was charged with simple battery (one or more prior convictions) and taken to Lake County Jail on a $5,000 bond.
