Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR14-11538) (CASE 14-101163) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE CHEVRON GAS STATION, LOCATED AT 2205 WEST NORVELL BRYANT HIGHWAY IN LECANTO, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: SEVERAL CARTONS OF CIGARETTES AND FLORIDA SCRATCH OFF LOTTERY TICKETS WITH A VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: ACTUAL VALUE BEING $288.91, 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 CHEVRON GAS STATION, TO-WIT: THE FRONT GLASS PANED DOOR, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(B)(2) ON 072414, AT APPROXIMATELY 0036 HOURS, THE CITRUS COUNTY SHERIFF'S OFFICE WAS DISPATCHED TO THE CHEVRON GAS STATION LOCATED AT 2205 WEST NORVELL BRYANT HIGHWAY IN LECANTO REGARDING A COMMERCIAL BURGLARY ALARM. UPON ARRIVAL DEPUTIES FOUND THE FRONT DOOR TO BE SMASHED OUT AND FURTHERMORE, THE DEPUTIES LOCATED A CAR JACK LYING ON THE FLOOR OF THE BUSINESS, WHICH APPEARED TO BE WHAT WAS USED TO SHATTER THE GLASS. A KEY HOLDER FOR THE BUSINESS WAS CONTACTED, AND AFTER A SHORT TIME, EMPLOYEE KAREN GONZALES ARRIVED AND ADVISED THAT SHE HAD SECURED THE BUSINESS AT APPROXIMATELY 2330 HOURS. THE STORE OWNER LATER IDENTIFIED AS THE VICTIM, ISLAM, ALSO ARRIVED ON SCENE, WHERE, AFTER A SHORT TIME IT WAS DETERMINED AFTER VIEWING THE STORE'S SURVEILLANCE SYSTEM THAT AT APPROXIMATELY 0034 HOURS, A MEDIUM BUILD SUBJECT WITH A HEIGHT OF APPROXIMATELY 5'10" AND WEIGHT OF 240 POUNDS, DRESSED IN BLACK PANTS, BLACK HOODIE, WHITE GLOVES AND A BLACK AND WHITE SKELETON MASK, DID USE THE CAR JACK TO SMASH OUT THE FRONT DOOR, WHERE HE THEN MADE ENTRY. UPON MAKING ENTRY THE SUSPECT THEN JUMPED OVER THE COUNTER, GRABBING A LARGE CARDBOARD BOX, WHICH WAS FILLED WITH SEVERAL CARTONS OF CIGARETTES, WHERE THE SUSPECT THEN IS OBSERVED PULLING SEVERAL LOTTERY TICKETS FROM THE COUNTER. UPON DOING SO THE SUSPECT THEN JUMPED BACK OVER THE COUNTER, EXITING THE STORE AND FLEEING THE SCENE. THE VICTIM ADVISED DEPUTIES THAT SEVERAL HUNDRED DOLLARS IN CIGARETTE CARTONS WERE STOLEN, IN EXCESS OF $300.00. ON 072414, I RESPONDED TO THE CHEVRON GAS STATION WHERE CONTACT WAS MADE WITH THE VICTIM. UPON SPEAKING WITH THE VICTIM, HE PROVIDED ME WITH AN INVOICE FOR THE GLASS FRONT DOOR WHICH INDICATED THE COST OF REPAIR TO BE $288.91. FURTHERMORE, THE VICTIM ADVISED THAT A TOTAL OF 12 LOTTERY TICKETS WERE STOLEN, with FACE VALUE OF $125.00. THE VICTIM DID PROVIDE THE SCRATCH OFF LOTTERY TICKET IDENTIFICATION NUMBERS AND FURTHER ADVISED HE HAD ALREADY REPORTED THE TICKETS STOLEN TO THE FLORIDA LOTTERY. PRIOR TO LEAVING THE SCENE THE VICTIM ADVISED ME THAT HE HAD ALREADY BEEN CONTACTED BY THE OWNER OF "SSS SECURITY", MR JIM LOOS, WHO OWNS THE SURVEILLANCE COMPANY, JUST TO THE EAST OF THE CHEVRON GAS STATION, WHERE HE ADVISED HIM THAT HE MAY HAVE VIDEO DEPICTING THE SUSPECT VEHICLE. UPON MAKING CONTACT WITH MR LOOS, HE ADVISED ME THAT THE TIME OF THE BURGLARY HIS EXTERIOR SURVEILLANCE CAMERA CAPTURED A LIGHT COLORED, FOUR DOOR VEHICLE, WITH LARGE RIMS, PULLING INTO THE PARKING LOT OF HIS BUSINESS. NO FURTHER DESCRIPTION OF THE VEHICLE COULD BE MADE. ON 072914, CONTACT WAS MADE WITH THE FLORIDA LOTTERY WHERE I SPOKE WITH SPECIAL AGENT ROGER DAY. HE ADVISED ME THAT AN ATTEMPT HAD BEEN MADE TO CASH TWO OF THE STOLEN TICKETS NUMBERS 1188-8 AND 1208-8 ON 072414 AT 7:11 HOURS AT THE CIRCLE K GAS STATION LOCATED AT 2025 NORTH LECANTO HIGHWAY IN LECANTO. FURTHERMORE AGENT DAY ALSO ADVISED OF AN ATTEMPT TO CASH THE SAME TICKETS AT THE WINN DIXIE SUPERMARKET LOCATED AT 3565 NORTH LECANTO HIGHWAY IN BEVERLY HILLS ON THE SAME DATE AT 1027 HOURS. I THEN RESPONDED TO THE WINN DIXIE IN BEVERLY HILLS, WERE CONTACT WAS MADE WITH THE STORE MANAGER IN REFERENCE TO REVIEWING THEIR SURVEILLANCE VIDEO. UPON DOING SO I OBSERVED A LARGE FRAMED MILATO MALE AT THE FRONT COURTESY COUNTER ATTEMPTING TO CASH LOTTERY TICKETS AT APPROXIMATELY 1027 HOURS. THE SUBJECT HAD SHORT HAIR AND A GOATEE AND WAS WEARING BLUE MEDICAL SCRUBS. AFTER THE SUSPECT ATTEMPTED TO CASH THE TICKETS, AND WAS DENIED DUE TO THE FACT THEY WERE NOT ACTIVATED, HE IMMEDIATELY LEFT THE STORE. FURTHERMORE, A GRAY FOUR DOOR DODGE CHARGER WAS VIEWED ON THE SURVEILLANCE VIDEO JUST AFTER THE SUSPECT HAD LEFT THE STORE. I THEN RESPONDED TO THE CIRCLE K IN LECANTO, WHERE I WAS ABLE TO VIEW THE VIDEO SURVEILLANCE FOOTAGE THERE. I OBSERVED THE SAME BLACK MALE WHO TRIED TO CASH THE TICKETS AT THE WINN DIXIE, ENTERING THE STORE AT THE SAME DATE AT APPROXIMATELY 07:11 HOURS. HE WAS WEARING A BLUE SHIRT AND JEANS. THE SUBJECT WAS AGAIN DENIED PAYMENT FOR THE TICKETS, AS THEY HAD NOT BEEN ACTIVATED. THE SUSPECT WAS THEN SEEN LEAVING THE CIRCLE K AND GETTING INTO THE SAME GRAY DODGE CHARGER WHICH I HAD PREVIOUSLY OBSERVED ON THE WINN DIXIE SURVEILLANCE VIDEO. FURTHERMORE THE VEHICLE APPEARED TO HAVE HEAVY BRAKE DUST ON THE FRONT RIMS. ALTHOUGH THE VEHICLE COULD NOT BE POSITIVELY IDENTIFIED THIS VEHICLE DID APPEAR TO HAVE THE SAME CHARACTERISTICS AS THE ONE DEPICTED IN THE SURVEILLANCE VIDEO FROM SSS SECURITY. THE SUBJECT VIEWED ON THE SURVEILLANCE VIDEO FROM WINN DIXIE AND THE CIRCLE K APPEARED TO BE OF THE SAME BUILD AND FRAME AS THE SUSPECT WHO HAD BROKEN INTO THE CHEVRON GAS STATION. AN AGENCY WIDE BOLO WAS GENERATED WITH PHOTOGRAPHS OF THE SUSPECT AND SUSPECT VEHICLE IN AN ATTEMPT TO IDENTIFY THE SUBJECT ATTEMPTING TO CASH THE STOLEN LOTTERY TICKETS. ON 080114, CONTACT WAS MADE WITH MS HEATHER JONES WHO IS AN EMPLOYEE OF THE CIRCLE K, FROM WHOM I HAD INITIALLY REQUESTED A COPY OF THE SURVEILLANCE VIDEO. UPON SPEAKING WITH HER SHE INFORMED ME SHE BELIEVED SHE HAD SEEN THE SUSPECT DEPICTED ON THE VIDEO COME INTO THE STORE ON 073014. FURTHER MORE, JONES ADVISED SHE WAS ABLE TO OBTAIN A DESCRIPTION OF THE VEHICLE TO INCLUDE FLORIDA TAG 533JNZ. ON 080314, I WAS CONTACTED BY DEPUTY LAHERA IN REFERENCE TO THE BOLO I HAD ISSUED FOR THE SUSPECT AND VEHICLE. DEPUTY LAHERA ADVISED HE HAD CONDUCTED A TRAFFIC STOP ON THE VEHICLE WHICH MATCHED THE DESCRIPTION OF THE ONE IN THE BOLO, AND HE ALSO ADVISED THAT THE DRIVER, WHOM HE IDENTIFIED AS DEFENDANT ANDRE KIRBY, ALSO MATCHED THE DESCRIPTION. DEPUTY LAHERA ALSO PROVIDED A FLORIDA TAG FOR THE DODGE CHARGER OF 53JNZ. ON 080814, CONTACT WAS MADE WITH CIRCLE K EMPLOYEES MS HEATHER JONES AND MANAGER MS JERRIKA SCHNEIDER, WHO IS THE EMPLOYEE WHO COMPLETED THE LOTTERY TRANSACTION WITH THE DEFENDANT. BOTH WERE ABLE TO POSITIVELY IDENTIFY THE DEFENDANT WHO WAS THE SUBJECT WHO ATTEMPTED TO CASH THE STOLEN LOTTERY TICKETS. I THEN RESPONDED TO THE DEFENDANT'S RESIDENCE LOCATED AT 2126 NORTH CRABAPPLE TERRACE IN LECANTO. UPON SPEAKING TO HIM I SHOWED HIM PICTURES OF THE SURVEILLANCE VIDEO FROM BOTH WINN DIXIE AND THE CIRCLE K, TO WHICH HE ACKNOWLEDGED THAT THAT WAS HIM CASHING LOTTERY TICKETS. UPON ASKING THE DEFENDANT WHERE HE HAD GOTTEN THE LOTTERY TICKETS, HE ADVISED ME HE HAD PURCHASED THEM FROM THE CHEVRON IN CRYSTAL RIVER, LOCATED AT STATE ROAD 44 AND U S HIGHWAY 19. UPON QUESTIONING HIM IN REFERENCE TO THE CHEVRON BURGLARY HE DENIED ANY INVOLVEMENT. AT THAT TIME I ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR THE ABOVE CHARGES. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND THE BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE TO THE DETENTION FACILITY, THE DEFENDANT WAS READ MIRANDA FROM A PREPRINTED MIRANDA CARD WHERE THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS. UPON FURTHER SPEAKING WITH THE DEFENDANT, HE DID ADMIT TO DRIVING TO THE CHEVRON GAS STATION WHERE HE ACTED AS A LOOKOUT FOR OTHER SUBJECTS WHO HAD ACTUALLY committeD THE BURGLARY. HE ADVISED HE THEN GAVE THE OTHER UNIDENTIFIED SUBJECTS A RIDE BACK TO CRYSTAL RIVER, WHERE HE WAS GIVEN SOME OF THE STOLEN LOTTERY TICKETS AS PAYMENT FOR HIS ROLL IN THE BURGLARY. UPON ARRIVAL THE DEFENDANT WAS TURNED OVER TO CORRECTIONS STAFF WHERE HIS BOND WAS SET AT $8,000.00. |