Probable cause affidavit: |
SUBMITTED BY: CASADA, STEVEN 0460 (AR13-5560) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: EYEPOPPIN HOAGIES AND CHEESE STEAK RESTAURANT LOCATED AT 1221 NORTH US HIGHWAY 41 IN INVERNESS, FLORIDA, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND ($5,000.00), TO WIT: TWO ALUMINUM DOORS, 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(2)(C)(1). DID PLAN/MANAGE/SUPERVISE AND TRAFFIC IN STOLEN PROPERTY, IN VIOLATION OF FLORIDA STATE STATUTE, 812.019(2). ON 050813 A GRAND THEFT WAS REPORTED TO THE CITRUS COUNTY SHERIFFâS OFFICE. THE THEFT INVOLVED THE TAKING OF ALUMINUM DOORS FROM THE BACK OF THE EYEPOPPIN HOAGIES AND CHEESE STEAK RESTAURANT LOCATED AT 1221 NORTH US HIGHWAY 41 IN INVERNESS, FLORIDA. THE COMPLAINANT/OWNER OF THE BUSINESS ADVISED THAT SHE PLACED TWO 60â BY 84â ALUMINUM SERVICE DOORS OUTSIDE THE KITCHEN DOOR AT APPROXIMATELY 0900 HOURS. AT 1030 HOURS, THE OWNER WENT OUTSIDE TO BRING THE ALUMINUM DOORS BACK INSIDE, BUT THEY WERE GONE. SHE ADVISED THAT SHE DID NOT PLACE THE DOORS OUTSIDE FOR TRASH OR IN ANY KIND OF RECYCLING STATION. THE OWNER CONTACTED THE LOCAL RECYCLING FACILITIES AND ADVISED THEM TO KEEP AN EYE OUT FOR SOMEONE TRYING TO SCRAP THE DOORS. ON 050913 AT APPROXIMATELY 1400 HOURS, THE OWNER OF THE BUSINESS CONTACTED THE CITRUS COUNTY SHERIFFâS OFFICE TO ADVISE THAT INTER-COUNTY RECYCLING FACILITY IN LECANTO, FLORIDA, HAD CONTACTED HER WITH INFORMATION ABOUT AN INDIVIDUAL WHO TRIED TO SCRAP SOME ALUMINUM DOORS MATCHING THE DESCRIPTION OF THE COMPLAINANTâS DOORS. AFTER THE PATROL DEPUTY PROCEEDED TO THE INTER-RECYCLING FACILITY TO OBTAIN THE INFORMATION, THE INFORMATION WAS PASSED ON TO THIS DETECTIVE. THE PAPERWORK HAD THE NAME AND INFORMATION OF MR ANDREW ANTHONY LUIZ, HEREIN IDENTIFIED AS THE DEFENDANT. IN ADDITION, PHOTOGRAPHSâ WERE OBTAINED OF THE ALUMINUM DOORS IN THE BED OF THE DEFENDANTâS WHITE FORD RANGER PICKUP TRUCK AS IT RESTED ON THE SCALE. THE DEFENDANT WAS UNABLE TO SCRAP THE ALUMINUM DOORS ON THIS DAY. AFTER OBTAINING THIS INFORMATION, CONTACT WAS MADE WITH THE DEFENDANT BY TELEPHONE ON THE MORNING OF 051013. AFTER ADVISING THE DEFENDANT WHY THIS DETECTIVE WAS CONTACTING HIM, WE AGREED TO MEET AT THE INVERNESS GOVERNMENT CENTER ON 051013 AT 1200 HOURS. AT 1200 HOURS, THE DEFENDANT VOLUNTARILY MET THIS DETECTIVE IN THIS DETECTIVEâS OFFICE WHERE A DIGITALLY RECORDED INTERVIEW WAS CONDUCTED. THE DEFENDANT FIRST DENIED EVER HAVING ANY ALUMINUM DOORS IN HIS POSSESSION ON 050813 OR 050913. EVENTUALLY, THE DEFENDANT WAS COOPERATIVE AND HONEST AND ASKED, âHOW CAN I MAKE THIS RIGHT?â THE DEFENDANT ADVISED THE ALUMINUM DOORS WERE IN LEESBURG AND THAT HE COULD GET THEM BACK. I THEN CONTACTED THE VICTIM WHO ADVISED SHE WISHED TO PURSUE CHARGES AGAINST THE DEFENDANT. THE DEFENDANT WAS READ HIS MIRANDA WARNINGS FROM A PRE-PRINTED AGENCY CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS. THE DEFENDANT EXPLAINED THAT HE WAS DRIVING BY THE EYEPOPPIN HOAGIES AND CHEESE STEAK RESTAURANT AND SAW THE DOORS. HE THEN LOADED THE DOORS INTO THE BACK OF HIS WHITE FORD RANGER PICKUP TRUCK. THE DEFENDANT ADVISED HE NEVER MADE CONTACT WITH ANYONE AT THE RESTAURANT IN ORDER TO ASK FOR PERMISSION TO TAKE THE DOORS. THE DEFENDANT ADVISED HE HAS TAKEN ITEMS FROM THERE BEFORE, AND IT WAS OKAY WITH THE OWNER. HE COULD NOT, HOWEVER, PROVIDE THIS DETECTIVE WITH A CONTACT PERSON AT THE RESTAURANT. I ADVISED THE DEFENDANT THAT I HAD ALREADY SPOKEN WITH THE OWNER AND SHE DID NOT KNOW WHO HE WAS, AND SHE HAD NEVER SPOKEN WITH OR MADE ANY DEALS WITH HIM. THE DEFENDANT ADVISED AFTER TAKING THE DOORS, HE RAN ERRANDS AND REMOVED THE PLEXIGLAS FROM INSIDE THE DOORS. THE DEFENDANT THEN PROCEEDED TO THE INTER-COUNTY RECYCLING FACILITY IN LECANTO, FLORIDA, TO SCRAP OTHER ITEMS, ALONG WITH THE PLEXIGLAS. THE DEFENDANT CONTINUED TO ADVISE THIS DETECTIVE THAT ON 050913 HE PROCEEDED TO LEESBURG, FLORIDA, TO GO TO THE HOSPITAL. WHILE IN LEESBURG, HE PROCEEDED TO THE INTER-COUNTY RECYCLING FACILITY LOCATED AT 1308 CENTER STREET, WHERE HE SCRAPPED THE ALUMINUM DOORS AND RECEIVED $20.00 FOR THEM. A DATABASE SEARCH REVEALED THAT THE DEFENDANT DID MAKE A TRANSACTION AT THE LEESBURG, FLORIDA, RECYCLING FACILITY ON 050913 AT 1241 HOURS. RECORDS SHOW THE DESCRIPTION OF THE ITEMS AS L140 ALUMINUM CLIP-MLC, 39 POUNDS. AT THAT TIME THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR GRAND THEFT AND DEALING IN STOLEN PROPERTY. THE DEFENDANT WAS HANDCUFFED (DOUBLE-LOCKED) IN FRONT OF HIS BODY AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. ONCE AT THE DETENTION FACILITY, I MADE CONTACT WITH BOTH INTER-COUNTY RECYCLING FACILITIES WHO VERIFIED THE DATABASE INFORMATION. THE OWNER ADVISED HE COULD PROVIDE ME WITH A SWORN STATEMENT ON 051313. THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF FOR PROCESSING, WHERE HIS BOND WAS SET AT $12,000.00 PER THE BOND SCHEDULE. |