| Probable cause affidavit: |
SUBMITTED BY: SEAGREAVES, JAMES 0637 (AR08103403) DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A DEADLY WEAPON, TO WIT: BB GUN WITHOUT THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL- FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021(1)(A) AND DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: CRACK COCAINE, SAID OBJECT BEING CERAMIC CRACK PIPE, IN VIOLATION OF FLORIDA STATE STATUTES 893.145 AND 893.147(1)(B). ON 052408, I RESPONDED TO THE CITGO ON FLORIDA AVENUE IN FLORAL CITY, IN REFERENCE TO A DISTURBANCE THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM AND HER MOTHER, FATHER AND BROTHER. THE VICTIM ADVISED SHE HAD GONE TO THE DEFENDANT'S RESIDENCE TO PICK UP PERSONAL PROPERTY SHE LEFT WHEN BABY-SITTING AT THE RESIDENCE ON 052308. SHE ADVISED WHEN SHE ARRIVED, SHE DEMANDED HER PROPERTY (APPROXIMATELY 50 MUSIC COMPACT DISCS). THE DEFENDANT, MR ANTHONY BELCASTRO, STATED HE DID NOT HAVE THEM AND TOLD HER TO LEAVE. THE VICTIM THEN ENTERED THE RESIDENCE WITH THE PERMISSION OF THE HOMEOWNER, MR BELCASTRO'S FATHER AND WHEN THE VICTIM CONFRONTED MR BELCASTRO AGAIN, REFERENCE THE STOLEN PROPERTY AND THREATENED HIM WITH LAW ENFORCEMENT ACTION, MR BELCASTRO BECAME ENRAGED, BEGAN THREATENING THE VICTIM, WHO THEN LEFT THE RESIDENCE AND RETURNED TO THE DRIVEWAY, WHERE HER FAMILY WAS WAITING IN THEIR VEHICLE. THE VICTIM STATED AT THAT TIME, MR BELCASTRO EXITED THE RESIDENCE WITH A GUN, THREATENING TO SHOOT THE VICTIM AND HER MOTHER. MR BELCASTRO WAS RESTRAINED BY HIS FATHER AND BY CO-HABITANT/CO-DEFENDANT, MR KEVIN SHAW. THE VICTIM STATED THAT WHILE THEY SUBDUED MR BELCASTRO, SHE AND HER FAMILY FLED THE SCENE AND DIALED 9-1-1. UPON RESPONDING TO 8486 EAST DANIELS ROAD (THE DEFENDANTS' RESIDENCE), I MADE CONTACT WITH MR BELCASTRO'S FATHER, WHO ADVISED THAT HE GOT THE VICTIM'S PROPERTY BACK AND THAT EVERYTHING WAS, "COOL." I ASKED HIM ABOUT A FIREARM AND HE ADVISED THAT MR BELCASTRO DID GRAB A PELLET/BB RIFLE, BUT THAT HE STOPPED MR BELCASTRO BEFORE HE COULD SHOOT AT THE VICTIM. I THEN ASKED TO MAKE CONTACT WITH MR BELCASTRO, WHICH I DID IN HIS BEDROOM. I REQUESTED THAT MR BELCASTRO FOLLOW THIS DEPUTY OUTSIDE. ONCE OUTSIDE, DEPUTY KURT LYNN ASKED MR BELCASTRO IF HE HAD ANY WEAPONS OR ANYTHING ELSE IN HIS POCKETS AT WHICH TIME, MR BELCASTRO REACHED INTO HIS POCKET AND PULLED OUT A CERAMIC CRACK PIPE. I TOOK POSSESSION OF THE CRACK PIPE AND QUESTIONED MR BELCASTRO REFERENCE USING A FIREARM TO THREATEN THE VICTIM. MR BELCASTRO ADVISED HE WAS ANGRY AT THE VICTIM, BUT ONLY GRABBED THE RIFLE BECAUSE THERE WERE SMALL CHILDREN IN THE RESIDENCE AND HE DID NOT WANT THEM TO GET IT. I ASKED MR BELCASTRO IF AT ANY TIME HE THREATENED THE VICTIM WITH THE RIFLE AND HE STATED HE DID NOT HAVE THE OPPORTUNITY BECAUSE HIS FATHER AND MR SHAW STOPPED HIM. I OBTAINED STATEMENTS FROM THE VICTIM, HER MOTHER AND FATHER AND HER BROTHER. THEY ALL TESTIFIED THAT THEY OBSERVED MR BELCASTRO COME OUT OF THE RESIDENCE IN A RAGE AND THREATEN THE VICTIM AND HER MOTHER WITH THE RIFLE. WHILE I WAS QUESTIONING MR BELCASTRO, MR SHAW MADE AN AMBIGUOUS THREAT TOWARDS THE VICTIM, STATING, "IF YOU GO TO JAIL, WE'LL TAKE CARE OF HER." DEPUTY LYNN THEN BEGAN QUESTIONING MR SHAW ABOUT THE THREAT HE MADE AND ASKED HIM FOR HIS IDENTIFICATION. WHILE MR SHAW WENT THROUGH HIS WALLET TO RECOVER HIS IDENTIFICATION DEPUTY LYNN OBSERVED A CLEAR PLASTIC BAGGIE WITH A NUMBER OF PILLS INSIDE. DEPUTY LYNN QUESTIONED MR SHAW REFERENCE THE PILLS, AND MR SHAW ADVISED SOMEONE HAD GIVEN HIM THE PILLS. DEPUTY LYNN RESEARCHED THE MARKINGS ON THE PILL AND FOUND THEM TO BE 50 MILLIGRAM TRIAZODONE, A SCHEDULE FOUR CONTROLLED SUBSTANCE. I ASKED MR SHAW IF HE HAD A PRESCRIPTION FOR THE TRIAZODONE AND HE ADVISED HE DID NOT AND SOMEONE HE LATER IDENTIFIED AS THE VICTIM IN THIS CASE HAD GIVEN THEM TO HIM. A COMPUTER CHECK REVEALED THAT MR BELCASTRO IS CURRENTLY ON PROBATION. AT THAT TIME, I PLACED MR BELCASTRO UNDER ARREST FOR AGGRAVATED ASSAULT, AND POSSESSION OF PARAPHERNALIA. I HANDCUFFED MR BELCASTRO (DOUBLE LOCKED) AND PLACED HIM IN THE REAR SEAT OF MY PATROL VEHICLE. MR KEVIN SHAW WAS PLACED UNDER ARREST FOR POSSESSION OF A CONTROLLED SUBSTANCE AND HE WAS HANDCUFFED (DOUBLE LOCKED) BY DEPUTY KURT LYNN AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. BOTH SUBJECTS WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. PRIOR TO LEAVING THE SCENE, A DAISY BB RIFLE WAS SEIZED AS EVIDENCE, AS WELL AS THE CRACK PIPE AND SEVEN 50 MILLIGRAM TRIAZODONE. ONCE AT THE DETENTION FACILITY, MR BELCASTRO WAS CHARGED WITH VIOLATION OF PROBATION FOR THE NEW LAW VIOLATION. MR BELCASTRO'S BOND WAS SET AT $5,500.00 PER THE BOND SCHEDULE AND MR SHAW'S BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
