| Probable cause affidavit: |
SUBMITTED BY: SMITH, STEVEN 0292 (13-93398) (AR13-6426) DID KNOWINGLY BE IN ACTUAL OR CONSTRUCTIVE POSSESSION OF ANY PLACE, STRUCTURE, OR PART THEREOF, TRAILER, OR OTHER CONVEYANCE WITH THE KNOWLEDGE THAT THE PLACE, STRUCTURE, OR PART THEREOF, TRAILER, OR CONVEYANCE WILL BE USED FOR THE PURPOSE OF TRAFFICKING IN A CONTROLLED SUBSTANCE, FOR THE SALE OF A CONTROLLED SUBSTANCE, OR FOR THE MANUFACTURE OF A CONTROLLED SUBSTANCE INTENDED FOR SALE OR DISTRIBUTION TO ANOTHER, IN VIOLATION OF FLORIDA'S STATE STATUTE 893.1351(2) ON 071213, AT APPROXIMATELY 0330 HOURS, I WAS CONTACTED BY SERGEANT LAMBERT AND ADVISED THAT PATROL WAS AT A RESIDENCE LOCATED AT 2949 NORTH CARL G ROSE HIGHWAY, HERNANDO, IN REFERENCE TO METHAMPHETAMINE MANUFACTURING. HE FURTHER ADVISED THAT UPON HIMSELF AND OTHER PATROL DEPUTIES RESPONDING TO THE HOUSE, THEY OBSERVED A WHITE MALE WITH A ONE-POT METHAMPHETAMINE COOK IN HIS HAND RUN FROM THE KITCHEN TO THE BATHROOM AREA. HE FURTHER ADVISED THAT TWO MALES HAD RUN OUT THE BACK DOOR FROM THE RESIDENCE AND WERE STILL AT LARGE. UPON ARRIVAL ON SCENE AND MAKING CONTACT WITH SERGEANT LAMBERT, HE ADVISED ME THAT UPON THEM KNOCKING ON THE FRONT DOOR, THERE IS A WINDOW DIRECTLY TO THE RIGHT OF THE FRONT DOOR, IT IS THROUGH THIS WINDOW THAT HE WAS CLEARLY ABLE TO SEE DEFENDANT, MR ROGER CHURCHILL, WITH A ONE-POT METHAMPHETAMINE COOK IN HIS HANDS. HE WATCHED HIM RUN TO THE BATHROOM WHICH IS JUST OFF OF THE KITCHEN. SERGEANT LAMBERT FURTHER ADVISED THAT UPON WALKING UP TOWARDS THE HOUSE, THERE WAS A STRONG ODOR OF CHEMICALS WHICH IN SERGEANT LAMBERTâS TRAINING AND EXPERIENCE HE KNEW TO BE RELATED TO METHAMPHETAMINE MANUFACTURING. SERGEANT LAMBERT STATED UPON KNOCKING ON THE DOOR, TWO WHITE MALES RAN OUT THE BACK DOOR WHO WERE LATER IDENTIFIED AS DEFENDANT, MR DAVID WHITLEY AND HOMEOWNER/DEFENDANT, MR DOUGLAS STURTZ. HE ADVISED THAT DEFENDANT CHURCHILL CAME TO THE FRONT DOOR AND MADE CONTACT WITH LAW ENFORCEMENT. THEY ALSO MADE CONTACT WITH DEFENDANT, MS YAHAIRA ACOSTA, WHO IS DEFENDANT STURTZâS FIANCE AND ALSO RESIDES AT THE RESIDENCE. VERBAL CONSENT TO ENTER THE HOUSE WAS GAINED FROM DEFENDANT ACOSTA; ALTHOUGH IT WAS NOT NEEDED DUE TO THE ODOR OF THE METHAMPHETAMINE LAB AND SERGEANT LAMBERT OBSERVING THE ONE-POT COOK THROUGH THE WINDOW. SERGEANT LAMBERT TOOK THIS DEPUTY IN TO THE RESIDENCE IN THE BATHROOM AREA WHICH IS JUST OFF FROM THE KITCHEN. INSIDE THE SHOWER, I OBSERVED A COCA COLA BOTTLE WHICH HAD BEEN UTILIZED TO MANUFACTURE METHAMPHETAMINE. I ALSO OBSERVED IN THE LIVING ROOM AREA A CLEAR PLASTIC BAG, WHICH WAS PARTIALLY HID UNDERNEATH A BED, WHICH CLEARLY CONTAINED ALL OF THE WASTE FROM THE METHAMPHETAMINE COOK. THIS WASTE INCLUDED LITHIUM BATTERY CASINGS, THE WAXY PAPER FROM INSIDE THE BATTERIES, BLISTER PACKS, A EMPTY BOX OF SUDAFED, A EMPTY COLD PACK WRAPPER, THE WATER CONTAINER FROM THE COLD PACK AND NUMEROUS COFFEE FILTERS. UPON HAZMAT ARRIVING ON SCENE, I REMOVED THE ONE-POT COOK AND THE PLASTIC BAG FROM THE RESIDENCE. THE ONE-POT COOK WAS MADE SAFE BY THIS DEPUTY AS WELL AS THE REST OF THE BYPRODUCT. A SEARCH OF THE RESIDENCE BEGAN. LOCATED IN THE LIVING ROOM IN AN ASHTRAY WAS A NARCOTICS PIPE, LOCATED IN A PURSE ON THE BED IN THE LIVING ROOM WHICH BELONGED TO DEFENDANT, MS RACHELLE BAKER, WAS A SMALL GLASS PIPE USED TO SMOKE METHAMPHETAMINE. ALSO LOCATED IN T HE KITCHEN, IN THE HOUSEHOLD GARBAGE BAG WAS A HYDROGEN CHLORIDE GAS GENERATOR WHICH HAD BEEN DISCARDED IN THIS TRASH BAG. THE HCL GENERATOR WAS RECOVERED BY THIS DEPUTY AND PLACED WITH THE OTHER LAB ITEMS. ONE OF THE PERIMETER DEPUTIES TOWARDS THE REAR OF THE RESIDENCE LOCATED DEFENDANT, MR DAVID WHITLEY, WHO WAS LYING ON THE SHORE OF THE LAKE HALF IN THE WATER, IN THE WEEDS. MR WHITLEY WAS TAKEN INTO CUSTODY. A SECONDARY SEARCH OF THE HOUSE BEGAN. THIS DEPUTY CHECKED THE SHOWER WHERE THE METHAMPHETAMINE COOK HAD BEEN LOCATED AND DISCOVERED THAT WHILE WE WERE TAKING DEFENDANT WHITLEY INTO CUSTODY, DEFENDANT DOUGLAS STURTZ HAD SNUCK BACK INTO THE HOUSE AND WAS HIDING IN THE SHOWER. MR STURTZ WAS ALSO IMMEDIATELY TAKEN INTO CUSTODY. I SPOKE WITH DEFENDANT STURTZ, WHO IS THE HOMEOWNER WITH DEFENDANT ACOSTA. HE CONSENTED TO THE CONTINUED SEARCH OF THE RESIDENCE. DURING THIS CONSENT HE STATED âWHAT DOES IT MATTER, YOU ALREADY HAVE EVERYTHINGâ. KNOWING THAT WE WERE STILL MISSING THE CHEMICALS USED IN THE MANUFACTURING PROCESS, WE CONDUCTED A SECONDARY SEARCH. UPON OPENING THE SLIDE ATTIC DOOR IN THE CEILING, A BLACK BOOK BAG WAS CLEARLY VISIBLE. THIS DEPUTY REMOVED THE BOOK BAG, TAKING IT OUTSIDE. UPON OPENING THE BOOK BAG, THIS DEPUTY DISCOVERED A HAMMER, TWO PAIRS OF PLIERS USED TO CUT THE LITHIUM BATTERIES OPEN, A CAN OF COLEMAN FUEL, A CONTAINER OF LIQUID DRAIN OPENER, COFFEE FILTERS, SALT, PLASTIC BAGGIES AND SEVERAL GLASS CONTAINERS WHICH HAD LIQUID RESIDUE IN THEM, WHICH LATER FIELD TESTED POSITIVE FOR METHAMPHETAMINE. UPON THESE ITEMS BEING DISCOVERED, I BEGAN PERFORMING INTERVIEWS. THIS DEPUTY ATTEMPTED TO CONDUCT AN INTERVIEW WITH DEFENDANT MR ROGER CHURCHILL, HOWEVER, HE WAS UNCOOPERATIVE; THEREFORE HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. I CONDUCTED AN AUDIO RECORDED INTERVIEWED DEFENDANT MR DAVID WHITLEY. I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. DEFENDANT WHITLEY ADVISED THAT ON 071213, HE, DEFENDANT BAKER AND DEFENDANT CHURCHILL RESPONDED TO THE RESIDENCE AND THAT DEFENDANT CHURCHILL HAD MADE AN AGREEMENT WITH THE HOMEOWNERS/DEFENDANTS ACOSTA AND STURTZ, THAT IF THEY ALLOWED DEFENDANT CHURCHILL TO MANUFACTURE METHAMPHETAMINE AT THEIR RESIDENCE HE WOULD GIVE THEM METHAMPHETAMINE IN EXCHANGE. WHEN DEFENDANT WHITLEY WAS ASKED IF HE HAD HELPED DEFENDANT CHURCHILL MANUFACTURE THE METHAMPHETAMINE, HE ADVISED THAT HE HAD BY HELPING HIM CRUSH THE SUDAFED PILLS AND IN CLEAN UP AFTER THE MANUFACTURING PROCESS WAS COMPLETE. WHEN ASKED WHAT HE RECEIVED FOR DOING THIS, HE ADVISED THAT DEFENDANT CHURCHILL GAVE HIM A SMALL AMOUNT OF METHAMPHETAMINE. HE ADVISED THAT THE ITEMS HE HELPED DEFENDANT CHURCHILL CLEAN UP, HE PLACED IN A CLEAR PLASTIC BAG WHICH HE PLACED UNDER THE BED IN THE LIVING ROOM. HE FURTHER ADVISED THAT WHEN THE COOK WAS COMPLETE, ALL THE DEFENDANTS DI D USE A SMALL QUANTITY OF THE METHAMPHETAMINE MAINLY BY INJECTION. HE ADVISED A SHORT TIME LATER IS WHEN LAW ENFORCEMENT KNOCKED ON THE DOOR. HE STATED THAT WHEN THEY KNOCKED ON THE DOOR, HE WAS ALREADY OUTSIDE IN THE BACK YARD AND WHEN HE SAW DEFENDANT STURTZ RUN OUT THE BACK DOOR, HE WENT AND HID IN THE WATER ON THE SHORELINE OF THE LAKE. DURING THIS INTERVIEW, HE ALSO ADMITTED TO HANDLING THE ITEMS IN THE BOOK BAG AND ADVISED THAT HIS PRINTS WOULD PROBABLY BE ON THEM. DEFENDANT WHITLEY WAS ARRESTED FOR MANUFACTURING METHAMPHETAMINE, POSSESSION OF CHEMICALS USED IN THE MANUFACTURING OF METHAMPHETAMINE AND RESISTING OFFICER WITHOUT VIOLENCE. I CONDUCTED AN AUDIO RECORDED INTERVIEW WITH DEFENDANT MR DOUGLAS STURTZ. I READ THE DEFENDANT HIS MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STATED THAT HE WOULD SPEAK WITH ME AT THIS TIME. DEFENDANT STURTZ CONFIRMED DEFENDANT WHITLEYâS STORY. HE ADVISED THAT HE AND HIS FIANCE/DEFENDANT ACOSTA HAD BEEN TOLD THAT IF THEY ALLOWED DEFENDANT CHURCHILL TO MANUFACTURE METHAMPHETAMINE AT THEIR RESIDENCE, THEY WOULD BE GIVEN METHAMPHETAMINE FOR THIS ACT. HE ALSO CONFIRMED THAT THE MANUFACTURING DID TAKE PLACE IN THE LIVING ROOM AND KITCHEN AND THAT DEFENDANT WHITELY DID HELP DEFENDANT CHURCHILL. HE FURTHER ADVISED THAT WHEN LAW ENFORCEMENT KNOCKED ON THE DOOR, HE BECAME SCARED, KNOWING THAT THE METHAMPHETAMINE LAB WAS IN THE RESIDENCE, FLED OUT THE DOOR AND HID IN BUSHES ALONG THE LAKESIDE. WHEN ASKED HOW HE GOT BACK INSIDE THE RESIDENCE, HE ADVISED HE WAS SCARED AND KNEW THAT LAW ENFORCEMENT WOULD FIND HIM SOONER OR LATER AND JUST DECIDED TO COME BACK IN TO THE RESIDENCE AND HIDE IN THE SHOWER. DEFENDANT STURTZ WAS THEN PLACED UNDER ARREST FOR BEING IN POSSESSION OF A RESIDENCE UTILIZED IN THE MANUFACTURING OF A CONTROLLED SUBSTANCE AND RESISTING OFFICER WITHOUT VIOLENCE. I CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH DEFENDANT MS RACHELLE BAKER. I READ THE DEFENDANT HER MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND STATED THAT SHE WOULD SPEAK WITH ME AT THIS TIME. DEFENDANT BAKER ALSO CONFIRMED THE OTHER DEFENDANTâS STORIES. SHE ADVISED THAT EARLIER IN THE EVENING DEFENDANT CHURCHILL, DEFENDANT WHITLEY AND SHE HAD RESPONDED TO THE RESIDENCE SO THAT DEFENDANT CHURCHILL COULD MANUFACTURE THE METHAMPHETAMINE. SHE ALSO STATED THAT THE HOMEOWNERS/DEFENDANTS ACOSTA AND STURTZ WOULD BE GIVEN METHAMPHETAMINE FOR THE COOK BEING MANUFACTURED AT THEIR HOUSE. WHEN SHE WAS ASKED WHERE THE EPHEDRINE WAS PROCURED FROM, SHE ADVISED AN ACQUAINTANCE OF HERS HAD GOTTEN IT AND SHE HAD PROVIDED IT TO DEFENDANT CHURCHILL BEFORE THEY RESPONDED TO THE INCIDENT ADDRESS. SHE ALSO CONFIRMED THAT DEFENDANT CHURCHILL HAD THE BLACK BACK PACK WITH HIM IN THE VEHICLE WHEN THEY RESPONDED TO THE INCIDENT ADDRESS. SHE STATED THAT UPON THE MANUFACTURING BEING COMPLETED, SHE ADVISED THAT ALL OF THE DEFENDANTS USED METHAMPHETAMINE AND THAT THE INITIAL COOK THAT DEFENDANT CHURCHILL PREPARED WAS TO BE SOLD AND THE MONEY TO BE GIVEN TO HER TO HELP WITH MONEY THAT SHE HAD LOST. DEFENDANT BAKER PLACED UNDER ARREST FOR MANUFACTURING OF METHAMPHETAMINE, POSSESSION OF CHEMICALS USED IN THE MANUFACTURING OF A CONTROLLED SUBSTANCE AND POSSESSION OF DRUG PARAPHERNALIA. A DIGITALLY RECORDED INTERVIEW WAS CONDUCTED WITH DEFENDANT, MS ACOSTA. I READ THE DEFENDANT HER MIRANDA WARNING VIA AGENCY PREPRINTED CARD. THE DEFENDANT ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND STATED THAT SHE WOULD SPEAK WITH ME AT THIS TIME. UPON HER AGREEING TO TALK TO ME, SHE ALSO CONFIRMED THE OTHER DEFENDANTSâ STORIES, STATING THAT SHE AND HER FIANCE/DEFENDANT STURTZ WOULD RECEIVE METHAMPHETAMINE FOR ALLOWING THE MANUFACTURING TO OCCUR IN THEIR HOUSE. SHE ALSO CONFIRMED THAT DEFENDANT CHURCHILL WAS THE MANUFACTURER. UPON THE COOK BEING COMPLETED, SHE WAS PROVIDED A SMALL AMOUNT OF METHAMPHETAMINE WHICH SEVERAL OF THE OTHER DEFENDANTS HELP HER SHOOT UP WITH A SYRINGE FOR THE FIRST TIME. DEFENDANT ACOSTA WAS PLACED UNDER ARREST FOR POSSESSION OF A RESIDENCE UTILIZED IN THE MANUFACTURING OF A CONTROLLED SUBSTANCE. UPON THE COMPLETION OF THE INTERVIEWS, ALL THE DEFENDANTS WERE PLACED UNDER ARREST, HANDCUFFED, BEHIND THEIR BACKS, (DOUBLE LOCKED), SECURED IN THE REAR OF PATROL VEHICLES AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT CHURCHILLâS BOND WAS SET AT $150,000.00, PER THE BOND SCHEDULE. THE REMAINING DEFENDANTS WERE RELEASED ON THEIR OWN RECOGNIZANCE. ALL ILLEGAL CONTRABAND DEEMED HAZARDOUS WAS COLLECTED BY THIS DEPUTY AND LATER TURNED IN TO THE CITRUS COUNTY LANDFILL HAZARDOUS WASTE SECTION FOR DESTRUCTION. THE PARAPHERNALIA LOCATED INSIDE THE RESIDENCE WAS COLLECTED BY DEPUTY WILLIAMS, PHOTOGRAPHED AND PROCESSED FOR PRINTS. SEE CRIME SCENE TECHNICIAN REPORT. I DID COLLECT DEFENDANT ACOSTAâS CELLULAR TELEPHONE TO BE TURNED IN TO EVIDENCE. |
