| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR12-472) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: APARTMENTS A 415 SE FORT ISLAND TRAIL OWNED BY THE PLANTATION, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE PLANTATION, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(B) (AND) WHOEVER HAS IN HIS OR HER POSSESSION ANY TOOL, MACHINE OR IMPLEMENT WITH INTENT TO USE THE SAME OR ALLOW THE SAME TO BE USED TO COMMIT ANY BURGLARY OR TRESPASS, SHALL BE GUILTY OF A FELONY OF THE THIRD DEGREE, TO WIT: THE DEFENDANT WAS IN POSSESSION OF A BACK PACK CONTAINING A HACK SAW, SEVERAL SCREWDRIVERS, AND PLIERS, ETC., USED IN THE COMMISSION OF SAID BURGLARY AT 415 SE FORT ISLAND TRAIL, IN VIOLATION OF FLORIDA STATE STATUTE 810.06. ON 032612, DEPUTY RICHEY MADE CONTACT WITH A HOMELESS INDIVIDUAL, LATER IDENTIFIED AS WITNESS NADEL, WHO ADVISED HIM THAT HE HAD POSSIBLY SEEN SOME SUBJECTS NEAR 415 SOUTHEAST FORT ISLAND TRAIL, TAKING SOME APPLIANCES. HE ADVISED DEPUTY RICHEY THAT THE SUBJECTS WERE IN A BLACK TRUCK; ONE WAS A WHITE MALE AND ONE WAS A HISPANIC LOOKING MALE. HE ALSO STATED THIS OCCURRED APPROXIMATELY A WEEK AGO. ON 032712, AT APPROXIMATELY 0325 HOURS, DEPUTY RICHEY WAS TRAVELING WESTBOUND ON FORT ISLAND TRAIL WHEN HE NOTICED SEVERAL WINDOWS OPEN AT A VACANT APARTMENT COMPLEX LOCATED AT 413 TO 417 SOUTHEAST FORT ISLAND TRAIL. HE HAD BEEN FAMILIAR WITH THESE APARTMENTS AND FOUND THEM TO BE SECURE APPROXIMATELY ONE HOUR EARLIER. HE WAS ALSO WAS AWARE THAT I HAD CHECKED THEM TWO HOURS PRIOR. DEPUTY RICHEY RADIOED FOR BACKUP AT WHICH TIME I ARRIVED. WE THEN CLEARED APARTMENT 413, AT WHICH TIME WE CHECKED 414 AND FOUND IT TO BE SECURE. AS WE MOVED TOWARD APARTMENT 415 WE NOTICED THE WINDOW DIRECTLY BY THE FRONT DOOR WAS COMPLETELY REMOVED AND THAT THERE WAS A MATTRESS UP AGAINST THE FRONT DOOR WHICH APPEARED TO BE MOVING. WE ALSO NOTICED THROUGH A WINDOW IN THE SECOND STORY THAT THE BLINDS APPEARED TO BE MOVING. AT THAT TIME I COVERED THE FRONT WHILE DEPUTY PATTERSON WENT TO THE REAR AND WE THEN CALLED FOR CANINE AND ADDITIONAL UNITS. DEPUTY RICCI ARRIVED AND COVERED THE EAST SIDE AS DEPUTY NORTON ARRIVED AND COVERED THE WEST SIDE. CANINE DEPUTY HRYC ARRIVED AND APPROACHED THE OPEN WINDOW AND ANNOUNCED HIS PRESENCE THREE TIMES, AT which TIME DEFENDANT BENOIT STATED HE WAS COMING DOWN FROM UPSTAIRS. WHEN HE MADE IT DOWNSTAIRS I THEN ORDERED HIM TO COME OUT THE WINDOW AND LYE FACE DOWN ON THE SIDEWALK WHERE HE WAS IMMEDIATELY HANDCUFFED. DEPUTY HRYC THEN ANNOUNCED HIMSELF AGAIN WHILE DEFENDANT SCHEIBLE AND SAUNDERS CAME DOWN FROM UPSTAIRS WHERE THEY WERE ORDERED OUT THE WINDOW, TO LIE FACE DOWN AND WERE HANDCUFFED. APARTMENT 415 WAS THEN CLEARED WHERE IT WAS FOUND THAT A REFRIGERATOR HAD BEEN MOVED TOWARD THE FRONT DOOR. IN THE UPSTAIRS BEDROOM OF APARTMENT 415 IN A TRIPLE DRESSER WE FOUND A BACKPACK CONTAINING ONE HACKSAW, ONE BUEY KNIFE, SEVERAL PAIRS OF PLIERS AND SEVERAL SCREWDRIVERS. THIS BAG ALSO CONTAINED WHAT WAS LATER IDENTIFIED AS DEFENDANT SAUNDERSâ CELL PHONE. APARTMENT 416 WAS FOUND TO BE SECURE AND APARTMENT 417 WAS FOUND WITH THE FRONT DOOR OPEN AND THE SINK MISSING. THE SINK WAS LOCATED ON THE WEST SIDE OF THE BUILDING AND APPEARED TO HAVE BEEN DRAGGED TO THAT LOCATION. DEPUTY RICCI THEN CONDUCTED CST INVESTIGATION (SEE HIS CST REPORT). AT THAT TIME DEPUTY RICHEY CONTACTED THE KEY HOLDER FOR THE PROPERTY, MR MORRIS COLWELL WHO IS THE SECURITY GUARD FOR THE PLANTATION, WHICH IS THE OWNER OF THE PROPERTY. HE THEN RESPONDED AND ADVISED THAT THE PLANTATION WOULD LIKE TO PROSECUTE THE DEFENDANTS. AT THAT TIME DEPUTY RICHEY TRANSPORTED DEFENDANT BENOIT AND DEPUTY NORTON TRANSPORTED DEFENDANTS SAUNDERS AND SCHEIBLE TO THE CITRUS COUNTY DETENTION FACILITY. DEFENDANT SCHEIBLE WAS INTERVIEWED. HE WAS READ HIS MIRANDA RIGHTS VIA PREPRINTED CARD IN THE PRESENCE OF THIS DEPUTY AND DEPUTY RICHEY. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH US. HE ADVISED US THAT HE HAD TRAVELED HERE YESTERDAY 032612, FROM MASSACHUSETTS TO SEE HIS FRIEND, DEFENDANT BENOIT. HE STATED THAT HE, DEFENDANT BENOIT AND DEFENDANT SAUNDERS HAD GONE TO THE APARTMENTS THIS DAY 032712, IN ORDER TO HANG OUT. HE DID ADVISE THAT HE WAS AWARE THAT PROPERTY WAS BEING TAKEN; HOWEVER, IT APPEARED THAT THE APARTMENTS WERE ABANDONED. HE STATED HIS CELL PHONE WAS ON OR NEAR THAT BACKPACK. HE STATED THEY USED A FLASHLIGHT DURING THAT TIME. AT THAT TIME DEFENDANT SAUNDERS WAS INTERVIEWED WHERE HE WAS READ HIS MIRANDA RIGHTS VIA PREPRINTED CARD IN THE PRESENCE OF MYSELF AND DEPUTY RICHEY, WHERE HE STATED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH US. HE ADVISED US APPROXIMATELY FOUR DAYS AGO HE AND DEFENDANT BENOIT TRAVELED TO APARTMENT 413 AND ENTERED THROUGH AN UNSECURED REAR SLIDING GLASS DOOR AND TOOK A REFRIGERATOR, A WASHER, A DRYER, AND A LAMP FIXTURE. THEY SUBSEQUENTLY RECYCLED THESE ITEMS AT INTER COUNTY RECYCLING IN LECANTO UNDER DEFENDANT BENOITâS NAME, USING DEFENDANT SAUNDERS PICKUP TRUCK. HE FURTHER ADVISED THAT ON THIS DATE 032712, HE, DEFENDANT SCHEIBLE AND DEFENDANT BENOIT GATHERED SEVERAL TOOLS AND PLACED THEM INTO DEFENDANT SAUNDERSâ BOOK BAG AND PROCEEDED BACK TO THE APARTMENTS WITH THE INTENT OF TAKING MORE APPLIANCES. HE STATED THEY TOOK THESE TOOLS BECAUSE THE FIRST APPLIANCES THAT THEY STOLE WERE HARD TO REMOVE. HE ADVISED THEY ENTERED APARTMENT 415, WHILE DEFENDANT SCHEIBLE CARRIED THE BOOK BAG WITH THE TOOLS, AT WHICH TIME HE (SAUNDERS) MOVED A REFRIGERATOR TOWARD THE FRONT DOOR WITH THE INTENT OF LOADING IT INTO HIS PICKUP TRUCK WHICH WAS PARKED ACROSS THE STREET. HE ADVISED THAT DURING THIS TIME DEFENDANT SCHEIBLE AND BENOIT WERE IN APARTMENT 417 REMOVING THE SINKS. HE STATED THEY NOTICED MY PATROL CAR PULL UP AT THE EAST END OF THE PROPERTY, AT WHICH TIME DEFENDANTS SCHEIBLE AND BENOIT WENT BACK TO APARTMENT 415 AND ALL PROCEEDED UPSTAIRS WHERE THEY WERE SUBSEQUENTLY APPREHENDED. AT THAT TIME WE INTERVIEWED DEFENDANT BENOIT WHERE HIS MIRANDA RIGHTS WERE READ TO HIM FROM PREPRINTED MIRANDA CARD IN THE PRESENCE OF MYSELF AND DEPUTY RICHEY, WHERE HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH US. DEFENDANT BENOIT ADVISED US THAT APPROXIMATELY FOUR WEEKS AGO HE AND DEFENDANT SAUNDERS TRAVELED TO APARTMENT 413, WHERE THEY ENTERED THROUGH AN UNSECURED SLIDING GLASS DOOR. THEY BEGAN TO TAKE A WASHING MACHINE, DRYER, AND REFRIGERATOR, WHEN THEY WERE CONFRONTED BY A HOMELESS INDIVIDUAL, LATER IDENTIFIED AS WITNESS NADEL. HE THEN ASKED THEM WHAT THEY WERE DOING, AND BENOIT STATED TO HIM, âTRYING TO MAKE SOME MONEYâ. THEY CONTINUED TO LOAD THESE ITEMS UP IN DEFENDANT SAUNDERSâ PICKUP TRUCK, WHERE THEY LATER RECYCLED THEM AT INTER COUNTY RECYCLING IN LECANTO UNDER DEFENDANT BENOITâS NAME. HE STATED ON TODAYâS DATE 032712, HE AND DEFENDANT SAUNDERS GATHERED SOME TOOLS FROM BOTH OF THEIR RESIDENCES, INTO A BACK PACK, ALONG WITH THE COMPANY OF DEFENDANT SCHEIBLE, THEY RETURNED TO THE APARTMENTS. HE STATED THEY THEN ENTERED APARTMENT 415 WHERE DEFENDANT SAUNDERS BEGAN REMOVING THE REFRIGERATOR, WHILE HE WENT TO APARTMENT 417 AND BEGAN REMOVING THE SINK. HE STATED DEFENDANT SCHEIBLE WAS ROAMING THE PROPERTY AT THIS TIME. HE ADVISED ME THAT HE SAW MY PATROL VEHICLE AT THE EAST END OF THE PROPERTY WHEN HE AND MR SCHEIBLE RETURNED TO APARTMENT 415 AND WENT UPSTAIRS WHERE THEY WERE SUBSEQUENTLY APPREHENDED. HE DID ADVISE THAT THE HACKSAW AND BOWIE KNIFE LOCATED IN THE BACK PACK WERE HIS AND THAT HE HAD USED THEM TO CUT COPPER. HE ALSO ADVISED US THAT HE HAD PLANNED TO STEAL THE SINK, REFRIGERATOR AND A MIRROR. HE STATED THAT HE STILL HAD A REFRIGERATOR FROM ONE OF THE APARTMENTS, AND IT WAS AT HIS RESIDENCE. AT THAT TIME I CONTACTED DISPATCH IN ORDER TO HAVE A DEPUTY RESPOND AND RECOVER THAT PROPERTY. ALL THREE DEFENDANTS WERE CHARGED WITH TWO COUNTS OF BURGLARY TO UNOCCUPIED DWELLING AND ONE COUNT OF POSSESSION OF BURGLARY TOOLS. DEFENDANTâS BOND WAS SET AT TOTAL BOND OF $12,000.00 PER THE BOND SCHEDULE. |
