| Probable cause affidavit: |
SUBMITTED By: EMRICK, AL 0104 (AR11120715) did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: LAWN EQUIPMENT, the property of THE VICTIM, in violation of Florida Statute 812.019(1); AND DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: LAWN EQUIPMENT, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THEREOF, OR DID APPROPRIATE THE SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTES 812.014; AND did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of THE VICTIM to-wit: A V-ROD HARLEY DAVIDSON ENGINE, by exercising control over said property with the intent to either temporarily or permanently deprive THE VICTIM of a right to the property or a benefit thereof, or did appropriate the property to HIS own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c); ON 051111 AT APPROXIMATELY 1345 HOURS, DEPUTY CASOLA AND I WERE TRAVELING NORTHBOUND ON COUNTY ROAD 491 WHEN WE OBSERVED THE DEFENDANT, LATER IDENTIFIED AS MR BRADFORD KUBICSEK, WITH A FOUR BY EIGHT U-HAUL TRAILER ALONG THE EAST SIDE OF THE HIGHWAY. HE WAS UNLOADING SEVERAL PIECES OF GAS POWERED LAWN EQUIPMENT THAT APPEARED TO BE NEW. WE MADE CONTACT with HIM TO ASCERTAIN WHERE HE HAD OBTAINED THE LAWN EQUIPMENT. HE STATED THAT HE and HIS FATHER HAD PURCHASED THEM FROM A "SCRATCH AND DENT" WEBSITE. HE BELIEVED THE NAME OF IT TO BE USLAWNS.COM. THE DEFENDANT STATED ALL PROFITS MADE FROM THE SALE OF THE LAWN EQUIPMENT WERE GOING TO BE DONATED TO CHARITY TO ASSIST THE PEOPLE IN ALABAMA WHO HAD RECENTLY BEEN DEVASTATED BY TORNADOS. I ASKED FOR CONSENT TO LOOK AT THE LAWN EQUIPMENT AND HE AGREED. THERE WAS APPROXIMATELY TEN PIECES OF EQUIPMENT LAID OUT ON THE SIDEWALK AND DEPUTY CASOLA BEGAN RUNNING THE SERIAL NUMBERS THROUGH NCIC. A SHORT TIME LATER TELETYPE ADVISED THEY HAD FOUR HITS ON THOSE ITEMS. THESE ITEMS WERE REPORTED STOLEN OUT OF HUNTSVILLE ALABAMA. AT THAT TIME, I ADVISED THE DEFENDANT THAT HE WAS GOING TO BE DETAINED BECAUSE OF THE HITS WE HAD RECEIVED FROM TELETYPE . HE WAS HANDCUFFED AND PLACED IN THE REAR OF MY VEHICLE. TELETYPE THEN ADVISED OF A FIFTH HIT ON THOSE ITEMS. DETECTIVE GREATREX AND I MADE CONTACT WITH THE DEFENDANT IN MY PATROL VEHICLE. HE WAS READ HIS MIRANDA RIGHTS AND I EXPLAINED TO HIM THAT WE HAD FIVE HITS ON THE TEN ITEMS WE HAD RUN AND ASKED THAT HE BE HONEST WITH ME AS TO HOW HE OBTAINED THEM. HE NAMED TWO INDIVIDUALS FROM ALABAMA THAT HAD SOLD HIM THE ITEMS AND THAT WHILE THEY NEVER TOLD HIM THE ITEMS WERE STOLEN, HE KNEW IT IN HIS HEART. WE THEN CONTINUED TO SEARCH THE U-HAUL TRAILER AND DISCOVERED ADDITIONAL PIECES OF LAWN EQUIPMENT FOR A TOTAL OF 17 PIECES. WE ALSO DISCOVERED A CONSIDERABLE NUMBER OF PARTS INCLUDING AN ENGINE FOR A V-ROD HARLEY DAVIDSON. I THEN CONTACTED THE NATIONAL INSURANCE CRIME BUREAU AND THEY WERE ABLE TO PROVIDE THE VIN NUMBER THAT WAS ASSOCIATED WITH THE ENGINE NUMBER AND THAT THE MOTORCYCLE HAD BEEN REPORTED STOLEN OUT OF HUNTSVILLE ALABAMA. TELETYPE WAS ABLE TO CONFIRM THAT THE MOTORCYCLE WAS STOLEN. I THEN ASKED THE DEFENDANT HOW HE OBTAINED THE MOTORCYCLE AND HE STATED HE BOUGHT IT OFF CRAIG'S LIST FROM A PERSON IN CHATTANOOGA, TENNESSEE. HE DID NOT KNOW THEIR NAME, BUT STATED THAT THEIR E-MAIL ADDRESS WOULD BE ON HIS COMPUTER AT HOME BACK IN TONEY, ALABAMA. I ASKED HIM HOW MUCH HE PAID FOR THE MOTORCYCLE ENGINE. HE STATED HE BOUGHT THE ENGINE FOR $2,000.00 AND THE SELLER THREW IN ALL THE OTHER PIECES FOR FREE. HE THEN ADVISED ME THAT AFTER RESEARCHING THE ENGINE ON E-BAY HE FOUND THAT THE ENGINE WAS WORTH $4,500.00. HE FURTHER STATED WHILE THE SELLER NEVER TOLD HIM THE MOTORCYCLE PARTS WERE STOLEN, HE KNEW THAT THEY WERE. HE STATED WORK HAD BEEN VERY SLOW AND THAT HE WAS TRYING TO BUY AND SELL TO PAY HIS BILLS. THE DEFENDANT WAS ARRESTED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT WERE HE WAS HELD ON NO BOND AS HE HAS NO LOCAL TIES AND ADMITTED THAT HE HAD APPROXIMATELY TWO FAILURE TO APPEAR (FTA) WARRANTS REFERENCE TRAFFIC OFFENSES IN ALABAMA, HOWEVER, HE STATED THAT THOSE FTA'S WERE A RESULT OF CONFUSION OVER COURT DATES AND NOT THAT HE WAS TRYING TO ABSCOND FORM THE COURTS. *NOT-EXEMPT* "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” |
