| Probable cause affidavit: |
SUBMITTED BY: COLEMAN, BRIAN 0247 (AR08104564) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: NINE AIR CONDITIONING UNITS 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; did unlawfully, willfully and maliciously, injure or damage certain property of SEVERAL CITRUS COUNTY BUSINESSES, to-wit: SEVERAL AIR CONDITIONING UNITS PULLED OFF THEIR BASE, such damage being of a value of $1,000.00 or more, or there was an interruption or impairment of a business operation or utility which costs $1,000.00 or more in labor and repairs to restore, in violation of Florida Statutes 806.13(1)(a) and 806.13(1)(b)3; DID UNLAWFULLY ATTEMPT TO COMMIT THE OFFENSE OF GRAND THEFT AND IN THE COMMISSION OF THE OFFENSE WAS INTERRUPTED BY THE CITRUS COUNTY SHERIFF'S OFFICE AND WAS PLACED UNDER ARREST, IN VIOLATION OF FLORIDA STATE STATUTE 777.04(1); DID UNLAWFULLY AND KNOWINGLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID UNLAWFULLY HAVE IN HIS/HER ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: , IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B); DID COMMIT AN ACT OR SERIES OF ACTS, TO-WIT: GRAND THEFT, CRIMINAL MISCHIEF, WHICH THEREBY CAUSED, OR TENDED TO CAUSE, OR ENCOURAGE THE CO-DEFENDANT, A PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS, TO BECOME A DELINQUENT OR DEPENDENT CHILD OR A CHILD IN NEED OF SERVICES, OR DID CONTRIBUTE THERETO, OR DID BY HIS ACTS INDUCE OR ENDEAVORED TO INDUCE SAID CHILD TO DO OR PERFORM ANY ACT OR FOLLOW ANY COURSE OF CONDUCT OR TO LIVE IN A MANNER AS WOULD CAUSE OR TEND TO CAUSE SAID CHILD TO BECOME OR TO REMAIN A DEPENDENT OR DELINQUENT CHILD OR A CHILD IN NEED OF SERVICES, IN VIOLATION OF FLORIDA STATUTE 827.04(1)(A); ON 072808 MEMBERS OF THE CITRUS COUNTY SHERIFF'S OFFICE WERE CONDUCTING UNDERCOVER OPERATIONS AT SOME CITRUS COUNTY METAL RECYCLING LOCATIONS ON HIGHWAY 44. DURING THE OPERATION, I WAS ASSIGNED TO A CRYSTAL RIVER RECYCLING LOCATION ON ENTERPRISE POINT. THROUGH FURTHER INVESTIGATION AT THIS RECYCLING CENTER, RECORDS REVEALED THAT THE CO-DEFENDANT HAD RECYCLED MATERIALS DURING THE MONTH OF JULY. EACH OF THESE TRANSACTIONS COINCIDED WITH THE THEFT OF AIR CONDITIONING UNITS WITHIN CITRUS COUNTY. DURING FURTHER INVESTIGATION WITH THE CO-DEFENDANT, THE CO-DEFENDANT ADVISED THAT THE DEFENDANT, MR JOHN BUNTS, WAS INVOLVED in the THEFT OF AIR CONDITIONING UNITS FROM NINE DIFFERENT LOCATIONS WITHIN CITRUS COUNTY, THESE BEING THE BUSINESSES OF the LAKE ROUSSEAU BAPTIST CHURCH WHICH occurred TWO TIMES, A RESIDENCE ON SUNDANCE POINT, A RESIDENCE ON DAWN FLOWER AVENUE, A RESIDENCE ON CORNFLOWER DRIVE WHICH OCCURRED TWICE, THE ABUNDANT LIFE CHURCH, SUNCOAST INSULATORS AND A RESIDENCE ON TALLAHASSEE ROAD. DUE TO THE SIZE OF THE AIR CONDITIONING UNITS AT SOME OF THESE LOCATIONS, TWO PERSONS WOULD BE NEEDED FOR THE THEFT TO OCCUR. DURING EACH OF THESE THEFTS, THE DEFENDANT AND CO-DEFENDANT BACKED UP TO THE AIR CONDITIONING UNIT, THREW A ROPE OR TOW STRAP AROUND THE AIR CONDITIONING UNIT AND PULLED THE AIR CONDITIONING FROM THE BASE USING A VEHICLE, THUS PULLING BOTH WIRING AN PIPING AWAY FROM THE STRUCTURE, CAUSING DAMAGE EXCEEDING $1,000.00. EACH AIR CONDITIONING UNIT STOLEN WAS VALUED AT $1,000.00 TO $6,000.00 EACH, AND HAD BEEN RECYCLED BY THE CO-DEFENDANT FOR APPROXIMATELY $100.00 ON 080508. WITH THE ASSISTANCE OF THE CO-DEFENDANT, CONTACT WAS MADE WITH THE DEFENDANT, MR JOHN BUNTS, AT WHICH TIME ARRANGEMENTS TO STEAL AN AIR CONDITIONING UNIT WERE MADE. THE CO-DEFENDANT, WHO WAS WORKING IN AN UNDERCOVER CAPACITY, DROVE THE DEFENDANT TO THE RED LEVEL BAPTIST CHURCH AND UPON ARRIVING, THE DEFENDANT EXITED THE PASSENGER SIDE OF THE VEHICLE AND PROCEEDED TOWARD THE REAR BED OF THE PICK UP TRUCK, AT WHICH TIME A TOW STRAP WAS USED BY THE DEFENDANT AND PLACE OVER THE AIR CONDITIONING UNIT. AT THAT TIME, CONTACT WAS MADE WITH THE DEFENDANT, AND HE WAS THEN PLACED UNDER ARREST. AFTER BEING READ MIRANDA WARNING, THE DEFENDANT ADVISED THAT THE CO-DEFENDANT HAD PERMISSION TO GO TO THE CHURCH AND REMOVE THE AIR CONDITIONING UNIT. I INQUIRED OF THE DEFENDANT WHY HE WOULD NEED TO WRAP A TOW ROPE AROUND THE AIR CONDITIONING UNIT AT 2200 HOURS IF HE HAD PERMISSION TO TAKE THE AIR CONDITIONING UNIT. UPON THE DEFENDANT HAVING CONTACT WITH DEPUTY SMITH, HE ADVISED DEPUTY SMITH THAT THEY WERE THERE PICKING UP A TOW STRAP THAT A FRIEND HAD LEFT AT THE LOCATION. THE DEFENDANT WAS THEN TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY AND A SEARCH WARRANT WAS COMPLETED FOR THE DEFENDANT'S RESIDENCE BASED ON INFORMATION RECEIVED FROM THE CO-DEFENDANT. WITH THE SEARCH WARRANT BEING SIGNED BY JUDGE YERMAN, SEARCH OF THE RESIDENCE WAS CONDUCTED. A SMALL AMOUNT OF MARIJUANA AND A SCALE USED FOR WEIGHING MARIJUANA WAS DISCOVERED IN THE DEFENDANT'S ROOM. THE DEFENDANT WAS ALSO CHARGED WITH CONTRIBUTING TO THE DELINQUENCY OF A MINOR. THIS DEPUTY HAD RECEIVED INFORMATION FROM THE CO-DEFENDANT ADVISING THE DEFENDANT HAD ORIGINALLY MADE CONTACT WITH HIM TO CONDUCT THE THEFT OF THE AIR CONDITIONING UNITS, WITH THE CO-DEFENDANT ONLY BEING SIXTEEN YEARS OF AGE. *NOT-EXEMPT* |
