| Probable cause affidavit: |
SUBMITTED BY: SANTIAGO, JUAN 0437 (AR08102227) DID UNLAWFULLY ENTER OR REMAIN IN THREE SEPARATE CONVEYANCES, WHICH WAS THE PROPERTY OF THE VICTIMS, WITHOUT SAID PERSONS' CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: BURGLARY, AND THE SAID CONVEYANCES WERE NOT OPEN TO THE PUBLIC AT THE TIME, AND THE DEFENDANT WAS NOT LICENSED OR INVITED TO ENTER OR REMAIN IN SAID CONVEYANCES, IN VIOLATION OF FLORIDA STATUTE 810.02(4)(B) (THREE COUNTS), AND DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN DWELLING/STRUCTURE OR CURTILAGE THEREOF, LOCATED IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, AS OWNER OR CUSTODIAN THEREOF, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO WIT: THEFT, IN VIOLATION OF FLORIDA STATE STATUTES 810.02(1) AND 810.02(4)(A) (ONE COUNT); AND DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIMS, OF THE VALUE OF $100.00 OR MORE BUT LESS THAN $300.00, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIMS OF THEIR 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, AND THE PROPERTY WAS TAKEN FROM A DWELLING/STRUCTURE OR FROM THE UNENCLOSED CURTILAGE OF A DWELLING, IN VIOLATION OF FLORIDA STATUTES 812.014(3) AND 812.014(2)(D) (THREE COUNTS). ON 031808 AT APPROXIMATELY 0220 HOURS, DEPUTY C REESE OBSERVED A 1994 TOYOTA CELICA BEARING FLORIDA TAG W16-MEG SITTING ON THE SHOULDER OF THE ROAD NEAR THE INTERSECTION OF WEST DUNNELLON ROAD AND CIRCLE M NEAREST TO THE WOODLINE. HE NOTICED A WHITE MALE OCCUPANT WHO WAS LEANING BACK IN THE DRIVER'S SEAT POSSIBLY IN AN ATTEMPT TO CONCEAL HIMSELF. DEPUTY REESE MADE CONTACT WITH TWO SUBJECTS INSIDE THE VEHICLE BECAUSE OF THE TIME OF THE MORNING, THE SUSPICIOUS ACTIONS OF THE DRIVER AND BECAUSE HE HAD JUST CLEARED A CALL FOR SERVICE LESS THAN ONE-HALF MILE AWAY REGARDING A SUSPICIOUS VEHICLE IN THE AREA TRAVELING WITHOUT HEADLIGHTS. HE HAD ALSO RECENTLY WORKED A BURGLARY CLOSE TO THE LOCATION. THE OCCUPANTS WERE IDENTIFIED AS THE CO-DEFENDANT (LOCATED IN THE FRONT PASSENGER'S SEAT) AND THE DEFENDANT. WHILE CHECKING THE SUBJECTS FOR WARRANTS AND GATHERING INFORMATION, K9 DEPUTY BRUNK ARRIVED ON SCENE AND WALKED K9 SPARTAN AROUND THE VEHICLE. THE K9 ALERTED ON THE VEHICLE AND A SEARCH WAS CONDUCTED BY DEPUTY JOHNSON AND K9 BRUNK. NO NARCOTICS WERE LOCATED; HOWEVER, A JDC COMPACT DISK PLAYER MODEL KDSL800 WAS LOCATED IN THE TRUCK. BOTH SUBJECTS WERE ASKED IF THEY OWNED THE ITEM, BUT DENIED ANY KNOWLEDGE OF IT. THE CO-DEFENDANT WAS ADVISED TO CONTACT HIS PARENTS DUE TO HIS JUVENILE STATUS AND WAS LATER RELEASED TO HIS MOTHER. THE DEFENDANT WAS ADVISED THAT HE WAS FREE TO LEAVE THE AREA. UPON FURTHER QUESTIONING, THE DEFENDANT ADMITTED THAT HE HAD TAKEN THE CD PLAYER DURING A BURGLARY AT SCALLY'S FROM THREE DIFFERENT VEHICLES INSIDE OF THEIR IMPOUND YARD. HE ALSO HAD FURTHER ITEMS AT HIS RESIDENCE AND WOULD WILLINGLY TURN THEM OVER TO DEPUTY REESE. THE DEFENDANT SAID THAT THERE WAS A LEATHER JACKET IN THE TRUNK THAT WAS TAKEN DURING THE BURGLARY THAT DEPUTY REESE SEIZED. THE DEFENDANT COMPLETED A WRITTEN STATEMENT. FURTHER ITEMS WERE SEIZED AT THE DEFENDANT'S RESIDENCE, WHICH WERE PLACED IN EVIDENCE. THESE ITEMS WERE VOLUNTARILY GIVEN TO DEPUTY REESE BY THE DEFENDANT. ON 031808, DETECTIVE LOFREDDO AND I ARRIVED AT SCALLY'S AUTOMOTIVE AND MADE CONTACT WITH AN EMPLOYEE. WE OBSERVED A TAN FORD TAURUS WITH THE PASSENGER'S SIDE WINDOW SMASHED OUT AND ITS STEREO REMOVED. THIS VEHICLE WAS LATER IDENTIFIED BY THE DEFENDANT AS ONE OF THOSE HE AND THE CO-DEFENDANT ENTERED. I MADE CONTACT WITH THE DEFENDANT AND OBTAINED A WRITTEN STATEMENT, WHICH IMPLICATED THE CO-DEFENDANT IN AT LEAST THREE VEHICLE BURGLARIES AT SCALLY'S AUTOMOTIVE. DETECTIVE LOFREDDO, DEPUTY BARRY, AND I THEN MADE CONTACT WITH THE CO-DEFENDANT AT THE RENAISSANCE CENTER. DEPUTY BARRY CONTACTED THE CO-DEFENDANT'S MOTHER WHO ADVISED THAT IT WAS THE CO-DEFENDANT'S CHOICE WHETHER OR NOT HE WOULD SPEAK WITH US. THE CO-DEFENDANT AGREED TO SPEAK WITH US. DETECTIVE LOFREDDO READ THE CO-DEFENDANT MIRANDA VIA CARD AND HE SAID THAT HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH US. DETECTIVE LOFREDDO CONDUCTED A RECORDED AUDIO INTERVIEW WHERE THE CO-DEFENDANT STATED THAT HE AND THE DEFENDANT AND ANOTHER SUBJECT WENT TO SCALLY'S ON THE NIGHT OF THURSDAY (031308) AND ENTERED SCALLY'S PROPERTY. HE SAID THAT HE AND THE DEFENDANT ENTERED AT LEAST THREE SEPARATE VEHICLES AND ENTERED THE FENCED AREA. THE CO-DEFENDANT SAID THAT HE NEVER TOOK ANYTHING FROM ANY OF THE VEHICLES, BUT ENTERED THEM TO LOOK INSIDE. I THEN ARRESTED THE CO-DEFENDANT AND TRANSPORTED HIM TO THE CITRUS COUNTY JAIL. WHILE AT THE JAIL, THE CO-DEFENDANT ADDED THAT HE DID CUT THE FENCE WITH A TOOL THAT WAS EITHER IN THE VEHICLE HE WAS RIDING IN OR ONE HE FOUND IN A PICKUP TRUCK ON SCALLY'S PROPERTY. HE ALSO ADVISED ME THAT HE TOOK RADIOS FROM THREE SEPARATE VEHICLES AND that A BUCCANEER'S LEATHER JACKET THAT WAS TAKEN FROM ONE OF THE VEHICLES WAS STILL AT HIS RESIDENCE. CONTACT WAS MADE WITH JENNIFER AT THE JUVENILE ASSESSMENT CENTER, WHO ADVISED THE JUVENILE DEFENDANT COULD BE RELEASED TO THE CUSTODY OF HIS PARENTS. *NOT-EXEMPT* |
