| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ROBERT 0505 (12-323758) (AR12-3956) DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, MS JEANNE TIBBETTS, TO-WIT: BROKE THE DRIVERâS WINDOW WITH A HAMMER, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)(1). DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIMS, TO WIT: MISCELLANEOUS CHANGE AND MONIES, WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIMS 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 STATE STATUTES 812.014(1) AND 812.014(3)(A), ELEVEN COUNTS. DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN CONVEYANCE, THE PROPERTY OF THE VICTIMS, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: PETIT THEFT, AND THE SAID CONVEYANCE WAS NOT OPEN TO THE PUBLIC AT THE TIME, AND THE DEFENDANT WAS NOT LICENSED OR INVITED TO ENTER OR REMAIN IN SAID CONVEYANCE, IN VIOLATION OF FLORIDA STATUTE 810.02, ELEVEN COUNTS. ON 122912, I RESPONDED TO 3850 NORTH NOKOMIS POINT, CRYSTAL RIVER, IN REFERENCE TO A VANDALISM THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MS JEANNE TIBBETTS, WHO ADVISED THAT SHE DID NOT HEAR OR SEE ANYTHING SUSPICIOUS, HOWEVER, WAS AWOKEN BY THE WITNESS, AT WHICH TIME, HE SHOWED HER THAT HER DRIVERâS WINDOW HAD BEEN BROKEN. THE VICTIMâS DRIVERâS SIDE WINDOW APPEARED TO HAVE BEEN SMASHED WITH AN UNKNOWN OBJECT. THE DOOR WAS STILL LOCKED; HOWEVER, JUST OUTSIDE THE VEHICLE WAS A CALCULATOR THAT WAS IN A LEATHER CASE. WITHOUT OPENING THE CASE, IT APPEARED THAT IT WAS POSSIBLY A WALLET OR A CHECK BOOK. I THEN MADE CONTACT WITH THE WITNESS, MR GREGORY COOMBS, WHO ADVISED THAT HE HEARD A LOUD NOISE OUTSIDE HIS WINDOW. WHEN HE LOOKED OUT, HE ADVISED HE SAW A WHITE MALE APPROXIMATELY 5â5â 120-150 POUNDS, WEARING BLACK PANTS AND A GREY LONG SLEEVE SHIRT, TRYING TO BREAK HIS NEIGHBORâS WINDOW WITH A HAMMER. HE ADVISED THAT THE SUBJECT HAD A RED BACKPACK AND AFTER HE INITIALLY HIT THE WINDOW, HE WALKED DOWN THE STREET BEFORE RETURNING AND HITTING IT AGAIN, AT WHICH TIME IT BROKE. HE FURTHER ADVISED HE SAW THE SUBJECT REACH INTO THE VEHICLE, ATTEMPTING TO REMOVE ITEMS. THE WITNESS THEN NOTIFIED THIS AGENCY. DEPUTY VIGGIANO ARRIVED ON SCENE, DEPLOYED K-9 CONAN. AFTER APPROXIMATELY 15 MINUTES, DEPUTY VIGGIANO ADVISED THAT HE WAS POSSIBLY OUT WITH THE DEFENDANT, LATER IDENTIFIED AS MR ANDRES PADRON. SERGEANT FIELDS DROVE THE WITNESS TO THE DEFENDANTâS LOCATION, AT WHICH TIME; SERGEANT FIELDS ADVISED THAT THE WITNESS POSITIVELY IDENTIFIED THE DEFENDANT AS THE SUBJECT BREAKING INTO HIS NEIGHBORâS VAN. I THEN RESPONDED TO 3800 HIAWATHA AND MADE CONTACT WITH THE DEFENDANT. WHILE EN ROUTE, I WAS ADVISED BY DEPUTY VIGGIANO THAT LOCATED AT THE REAR OF THE RESIDENCE, HE HAD LOCATED A RED BACKPACK MATCHING THE DESCRIPTION GIVEN BY THE WITNESS. 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. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR BURGLARY AND THAT I KNOW THAT HE HAD COMMITTED MORE THAN JUST THE ONE WITH THE BROKEN WINDOW. I WALKED THE DEFENDANT OVER TO MY PATROL VEHICLE AND SECURED HIM IN THE REAR SEAT. AS DEPUTY JOHNSON REMOVED THE ITEMS FROM THE BACKPACK, HE LOCATED A LARGE AMOUNT OF CHANGE, A LARGE KNIFE, A HAMMER, LOTTERY TICKETS AND A GLASS PIPE WITH MARIJUANA RESIDUE. AFTER SEEING THE CONTENTS OF THE BAG AND KNOWING THAT THERE WERE NO ITEMS TAKEN FROM THE INITIAL INCIDENT ADDRESS, I RETURNED TO MY PATROL VEHICLE AND BEGAN SPEAKING WITH DEFENDANT. I ADVISED THE DEFENDANT THAT WE WOULD BE TRACKING DOWN THE VICTIMS AND THAT HE WOULD BE CHARGED ACCORDINGLY. I ADVISED HIM THAT IT WAS IN HIS BEST INTEREST TO COOPERATE SO THAT WE CAN CLEAR EVERYTHING UP AT THIS POINT AND THAT HE WOULD NOT KEEP BEING ARRESTED EVERY TIME A NEW VICTIM CAME FORWARD. THE DEFENDANT THEN STATED THAT HE THINKS HE MIGHT NEED TO SPEAK TO HIS LAWYER. I ADVISED HIM THAT I WAS NO LONGER GOING TO ASK HIM ANY QUESTIONS AND SHUT THE DOOR. AFTER APPROXIMATELY TWO MINUTES, WHILE SPEAKING WITH SERGEANT FIELDS, I WAS ADVISED BY DEPUTY VIGGIANO THAT THE DEFENDANT WAS SCREAMING TO TALK WITH ME. I AGAIN MADE CONTACT WITH DEFENDANT IN ORDER TO CHECK HIS WELL BEING AND FIND OUT WHY HE WAS YELLING. AS I OPENED THE PATROL VEHICLE DOOR, THE DEFENDANT STATED THAT HE DID NOT SAY THAT HE WANTED TO SPEAK TO HIS LAWYER, HE JUST WAS NOT SURE IF HE SHOULD OR NOT. I ADVISED THE DEFENDANT THAT I COULD NOT MAKE THAT CHOICE FOR HIM AND IF HE WOULD LIKE TO SPEAK WITH HIS LAWYER, HE COULD. AT THAT TIME, HE STATED THAT HE DID NOT WISH TO SPEAK WITH HIS LAWYER AND THAT HE WOULD SPEAK WITH ME WITHOUT HIS LAWYER PRESENT. THE DEFENDANT ADVISED THAT HE AND HIS FIANCE HAD GONE TO THE OAR HOUSE WHERE THEY WERE DRINKING. HE ADVISED THAT THEY HAD GOTTEN INTO AN ARGUMENT BECAUSE THEY DID NOT HAVE ENOUGH MONEY TO HANG OUT FOR THE ENTIRE NIGHT. HE ADVISED THAT WHILE DRIVING HOME, THEY CONTINUED THE ARGUMENT. THE DEFENDANT GOT OUT OF THE VEHICLE AND BEGAN TO WALK. HE ADVISED THAT WHILE WALKING, HE BEGAN CHECKING DOOR HANDLES ON VEHICLES IN AN ATTEMPT TO FIND MONEY. HE ADVISED THAT HE WENT THROUGH A HAND FULL OF VEHICLES AND CHECKED MANY MORE. WHEN ASKED WHAT A HAND FULL WAS, HE ADVISED APPROXIMATELY 10-15. HE FURTHER ADVISED THAT AFTER REMOVING SEVERAL ITEMS AND A LOT OF CHANGE, HE STASHED THE BACKPACK BEHIND THE HOUSE AT 3800 NORTH HIAWATHA TERRACE AND WAS WAITING OUT FRONT FOR HIS FIANCE TO PICK HIM UP. THE DEFENDANT FURTHER ADVISED THAT HE WOULD BE ABLE TO POINT OUT THE VEHICLES THAT HE HAD GONE INTO. HE THEN DIRECTED ME TO 3853 NORTH HIAWATHA TERRACE, WHICH HAD A VEHICLE BEARING FLORIDA TAG NUMBER 8691BB AND ADVISED THAT HE HAD GONE THROUGH THAT VEHICLE. HE THEN DIRECTED ME TO 3850 NORTH EAGLE POINT, WHICH HAD A VEHICLE BEARING FLORIDA TAG NUMBER M153ZY AND ADVISED THAT HE HAD GONE THROUGH THAT VEHICLE. HE THEN DIRECTED ME TO 3939 NORTH EAGLE POINT, WHICH HAD A VEHICLE BEARING FLORIDA TAG NUMBER AZPH79 AND ADVISED THAT HE HAD GONE THROUGH THAT VEHICLE. HE THEN DIRECTED ME TO 3861 NORTH RINGDOVE POINT, WHICH HAD A VEHICLE BEARING OHIO TAG NUMBER ENC3839 AND ADVISED THAT HE HAD GONE THROUGH THAT VEHICLE. HE THEN DIRECTED ME TO 3834 NORTH RINGDOVE POINT, WHICH HAD A VEHICLE BEARING FLORIDA TAG NUMBER 833YZW AND ADVISED THAT HE HAD GONE THROUGH THAT VEHICLE. HE THEN DIRECTED ME TO 3850 NORTH NOKOMIS POINT WHERE HE POINTED OUT THE VICTIMâS VAN AND ADVISED THAT HE HAD BROKEN THE WINDOW OUT WITH THE HAMMER THAT WAS IN THE BAG. HE THEN DIRECTED ME TO 3920 NORTH NOKOMIS POINT, WHICH HAD A VEHICLE BEARING FLORIDA TAG NUMBER 745MBG AND ADVISED THAT HE HAD GONE THROUGH THAT VEHICLE. HE ADVISED THAT IN THE ASH TRAY, WHERE HE REMOVED CHANGE, THERE WERE ALSO A MARIJUANA PIPE AND SCRATCH OFF LOTTO TICKETS THAT HE HAD TAKEN. HE THEN DIRECTED ME TO 3839 NORTH NOKOMIS POINT, WHICH HAD A VEHICLE BEARING FLORIDA TAG NUMBER J158JX AND ADVISED THAT HE HAD GONE THROUGH THAT VEHICLE. HE THEN DIRECTED ME TO 3885 NORTH NOKOMIS POINT, WHICH HAD A VEHICLE BEARING FLORIDA TAG NUMBER 447YAD AND ADVISED THAT HE HAD GONE THROUGH THAT VEHICLE. OUT OF ALL THESE VEHICLES HE ADVISED THAT HE DID NOT KNOW EXACTLY WHAT HE HAD TAKEN, HOWEVER, THEY WERE UNLOCKED AND HE WAS LOOKING FOR CHANGE. HE ADVISED THAT IN SEVERAL OF THESE VEHICLES, THERE WAS ELECTRONIC EQUIPMENT; HOWEVER, HE DID NOT TAKE IT AS HE WAS JUST LOOKING FOR MONEY. HE THEN DIRECTED ME TO 1454 NW 22ND STREET, WHICH HAD TWO VEHICLES BEARING FLORIDA TAG NUMBERS 097YAD AND L288LK. HE ADVISED IT WAS OUT OF ONE OF THESE VEHICLES THAT HE REMOVED THE HAMMER, THE KNIFE AND THE RED BACKPACK ALONG WITH CHANGE HE BELIEVES. THE DEFENDANT ADVISED TO THE BEST OF HIS RECOLLECTION, THESE WERE THE ONLY VEHICLES THAT HE HAD GONE THROUGH. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH ELEVEN COUNTS OF BURGLARY TO A VEHICLE, ELEVEN COUNTS OF PETIT THEFT AND ONE COUNT OF CRIMINAL MISCHIEF. DUE TO THE DEFENDANT BEING THE SOLE CARE GIVER OF HIS TWO MONTH OLD SON, HIS BOND WAS REDUCED TO A TOTAL OF $1,000.00 AT THIS DEPUTIES DISCRETION. AT THE TIME OF THIS REPORT, CONTACT WAS ATTEMPTING TO BE MADE WITH THE OTHER VICTIMS WHICH WILL BE ADDED TO THE REPORT AT A LATER TIME. ALL ITEMS WERE COLLECTED AND TURNED IN TO EVIDENCE. THE WITNESS AND THE DEFENDANT COMPLETED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED IN TO RECORDS. |
