| Probable cause affidavit: |
SUBMITTED BY: MENDIGUTIA, RICARDO 0529 (AR09111940) UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A WHITE FORD RANGER PICKUP TRUCK, OF THE VALUE OF $300.00 OR MORE BUT LESS THAN $5,000.00, 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 STATUTE 812.014(2)(C)(6) AND LOITER AND/OR PROWL IN A PLACE, AT A TIME OR IN A MANNER NOT USUAL FOR LAW ABIDING INDIVIDUALS, UNDER CIRCUMSTANCES THAT WARRANT A JUSTIFIABLE AND REASONABLE ALARM OR IMMEDIATE CONCERN FOR THE SAFETY OF PERSON(S) OR PROPERTY IN THE VICINITY, IN VIOLATION OF FLORIDA STATE STATUTE OF 856.021 ON 111609 AT APPROXIMATELY 2130 HOURS, I RESPONDED TO THE CITGO GAS STATION ON WEST MAIN STREET IN INVERNESS IN REFERENCE TO A SUSPICIOUS PERSON. UPON ARRIVAL, I MADE CONTACT WITH THE WITNESS WHO WAS POINTING TOWARD OSCEOLA STREET, STATING, "HE WENT THAT WAY, HE WENT THAT WAY." I ASKED HIM WHAT HAD OCCURRED. HE REPLIED THAT THE SUSPECTS GOT OUT OF THE VEHICLE AND ONE URINATED ON THE ICE MACHINE. THE WITNESS STATED THE DEFENDANT URINATED ON THE WALL OF THE GAS STATION, FACING A PUBLIC STREET. WHEN THE WITNESS CAME OUT AND TOLD THEM THEY COULD NOT DO THAT, THAT IT WAS PRIVATE PROPERTY, THE DEFENDANT REPLIED "YOU NEVER PEED IN THE STREET BEFORE?" THE WITNESS ADVISED HE TOLD THE DEFENDANT AND THE OTHER SUBJECT THAT HE WAS GOING TO CALL THE POLICE. WHILE THE WITNESS WAS ON THE TELEPHONE WITH THIS AGENCY BOTH THE DEFENDANT AND THE SECOND SUBJECT GOT INTO THE VEHICLE, A WHITE FORD RANGER PICKUP TRUCK. THE DEFENDANT GOT INTO THE DRIVER SEAT AND PUT THE VEHICLE IN DRIVE, ALMOST HITTING THE GAS STATION BUILDING, THEN PUT THE VEHICLE IN REVERSE AND ALMOST STRUCK THE GAS PUMPS. THE DEFENDANT AND THE SECOND SUBJECT THEN FLED EASTBOUND ON WEST MAIN STREET. THE VEHICLE TURNED LEFT ON TO OSCEOLA STREET, AT WHICH TIME I ARRIVED ON SCENE AND THE WITNESS POINTED TOWARD OSCEOLA STREET. AS I TURNED LEFT ON OSCEOLA STREET AND DROVE NORTH, I OBSERVED A WHITE FORD RANGER PICKUP TRUCK ON THE SIDE OF THE ROAD. THE WHITE FORD RANGER MATCHED THE DESCRIPTION OF THE VEHICLE WHICH HAD LEFT THE CITGO STATION. AS I APPROACHED THE VEHICLE, I NOTICED THAT THE ENGINE WAS RUNNING, THE RADIO WAS ON, AND THERE WAS A TOWEL OVER THE STEERING COLUMN. HOWEVER, THERE WAS NO KEY IN THE IGNITION. UPON LIFTING THE TOWEL, I OBSERVED THAT THE STEERING COLUMN WAS BROKEN AND THE IGNITION CRANK HAD BEEN USED TO START THE VEHICLE. I ADVISED DISPATCH, VIA RADIO, THAT THE VEHICLE HAD BEEN LOCATED AND THE SUSPECTS WERE ON FOOT. A PERIMETER WAS QUICKLY ESTABLISHED AND CANINE DEPUTY BEHNEN ARRIVED ON SCENE. SHORTLY AFTER CANINE DEPUTY BEHNEN BEGAN HIS TRACK, THE DEFENDANT WAS LOCATED LESS THAN TWENTY FEET AWAY FROM THE VEHICLE. HE WAS CONCEALED IN SOME BUSHES IN AN AREA WHERE ALL OF THE BUSINESSES WERE CLOSED. THE DEFENDANT ATTEMPTED TO CONCEAL HIMSELF WHEN HE SAW DEPUTIES WALKING IN THE AREA. AT THAT TIME, THE DEFENDANT WAS TAKEN INTO MY CUSTODY. I READ THE DEFENDANT HIS MIRANDA WARNINGS VIA CARD. THE DEFENDANT STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT STATED HE DID NOT KNOW HIS FRIEND'S LOCATION. WHEN I ASKED HIM WHO THE TRUCK BELONGED TO, THE DEFENDANT ADVISED HE WAS HITCHHIKING AND WAS PICKED UP BY THE SECOND SUBJECT, HIS FRIEND. I MADE CONTACT WITH THE WITNESS WHO ADVISED THE DEFENDANT WAS THE OLDER MALE AND THE SECOND SUBJECT WAS A YOUNGER MALE, APPROXIMATELY EIGHTEEN TO TWENTY YEARS OF AGE. THE WITNESS CONFIRMED THE OLDER MALE/DEFENDANT WAS THE PERSON WHO HAD DRIVEN OFF IN THE VEHICLE. I ASKED THE WITNESS TO RESPOND TO THE SCENE TO IDENTIFY THE DEFENDANT. THE WITNESS DID RESPOND TO THE SCENE AND DID IDENTIFY THE DEFENDANT AS THE DRIVER OF THE VEHICLE. THE DEFENDANT ADVISED THE REASON WHY HE HAD LIED ABOUT HAVING DRIVEN THE VEHICLE WAS BECAUSE HIS LICENSE HAD BEEN SUSPENDED FOR DRIVING UNDER THE INFLUENCE. A BRIEF SEARCH FOR THE SECOND SUBJECT WAS MET WITH NEGATIVE RESULTS. THE DEFENDANT WAS PLACED UNDER ARREST FOR LOITERING AND PROWLING. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL, CONTACT WAS MADE WITH THE REGISTERED OWNER/VICTIM OF THE VEHICLE, IN ALABAMA, WHO ADVISED THAT THE DEFENDANT HAD BEEN HIRED TO FEED HIS HORSES WHILE HE WAS OUT OF TOWN. THE REGISTERED OWNER ADVISED HE HAD NEVER GIVEN THE DEFENDANT PERMISSION, IMPLIED OR OTHERWISE, TO USE HIS VEHICLE. THE REGISTERED OWNER STATED HE HAD THE KEYS TO THE VEHICLE IN HIS POSSESSION. I ADVISED THE REGISTERED OWNER THAT THE VEHICLE WAS NOW LOCATED IN FLORIDA AND THAT THE STEERING COLUMN HAD BEEN BROKEN. THE REGISTERED OWNER ADVISED HE DID WANT TO PRESS CHARGES AND ADVISED THE MORGAN COUNTY, ALABAMA, SHERIFF'S OFFICE WAS PRESENT AT THAT TIME, TAKING A REPORT OF THE STOLEN VEHICLE. I SPOKE WITH OFFICER SUMMERS OF THE MORGAN COUNTY SHERIFF'S OFFICE WHO ADVISED HE WAS IN THE PROCESS OF COMPLETING THE GRAND THEFT REPORT. HE ADVISED THEIR CASE NUMBER WAS 2009-11048845. THE VEHICLE WAS TOWED TO TONY'S COLLISION AND STORED FOR PROCESSING. THE DEFENDANT WAS ADDITIONALLY CHARGED WITH GRAND THEFT OF A MOTOR VEHICLE. HIS TOTAL BOND WAS SET AT $2,500.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
