Probable cause affidavit: |
SUBMITTED BY: PHILLIPS, SHANNON 0223 (AR11121559) WHOEVER COMMITS ANY CRIMINAL OFFENSE AGAINST THE STATE, WHETHER FELONY OR MISDEMEANOR, OR AIDS, ABETS, COUNSELS, HIRES, OR OTHERWISE PROCURES SUCH OFFENSE TO BE COMMITTED, AND SUCH OFFENSE IS COMMITTED OR IS ATTEMPTED TO BE COMMITTED, IS A PRINCIPAL IN THE FIRST DEGREE AND MAY BE CHARGED, CONVICTED, AND PUNISHED AS SUCH, WHETHER HE OR SHE IS OR IS NOT ACTUALLY OR CONSTRUCTIVELY PRESENT AT THE COMMISSION OF SUCH OFFENSE, IN VIOLATION OF FLORIDA'S STATE STATUTE 777.011. ON 070111 THIS DEPUTY WAS DISPATCHED TO A SUSPICIOUS VEHICLE LOCATED AT OZELLO TRAIL AND HIBISCUS AVENUE IN CRYSTAL RIVER. UPON ARRIVAL I OBSERVED A WHITE FORD TAURUS BEARING FLORIDA LICENSE PLATE 444MMX WITH A WHITE FEMALE OCCUPANT, LATER IDENTIFIED AS, MS ASHLEY WILLINGHAM, IN THE FRONT PASSENGER'S SEAT. I MADE CONTACT WITH MS WILLINGHAM AND ASKED IF SHE WAS OKAY TO WHICH SHE STATED YES SHE WAS WAITING FOR A FRIEND. I ASKED MS WILLINGHAM WHERE HER FRIEND WAS, TO WHICH SHE STATED THAT SHE DID NOT KNOW. WHILE TALKING WITH MS WILLINGHAM, I COULD HEAR AN UNKNOWN MALE YELLING AND POUNDING ON SOMETHING IN THE WOODS SOUTH OF MY LOCATION. DEPUTY HORTON AND I SEARCHED THE SURROUNDING AREA IN AN ATTEMPT TO LOCATE THE SUBJECT. WHILE CHECKING A RESIDENCE LOCATED AT 9050 WEST OZELLO TRAIL, I OBSERVED A SHED DOOR TO BE OPEN AND COULD HEAR WHAT SOUNDED LIKE SOMEONE MOVING AROUND INSIDE. THIS DEPUTY ANNOUNCED "SHERIFF'S OFFICE COME OUT WITH YOUR HANDS UP". AT THAT TIME A MALE SUBJECT BEGAN YELLING INAUDIBLY, I THEN AGAIN ANNOUNCED FOR THE SUBJECT TO COME OUT OF THE SHED. THE SUBJECT CONTINUED YELLING AND POUNDING ON SOMETHING IN THE SHED. AFTER SEVERAL MINUTES THE SUBJECT/CO-DEFENDANT, MR CLINTON KRAFT, CAME CRAWLING OUT OF THE SHED WITH HIS PANTS AND UNDERWEAR PULLED DOWN TO HIS ANKLES. THE SUBJECT WAS ADVISED THAT HE WAS BEING DETAINED AND WAS HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), AND BROUGHT TO THE FRONT OF THE RESIDENCE AND SAT IN A CHAIR. THE CO-DEFENDANT WAS THEN ASKED WHY HE WAS IN THE SHED, TO WHICH HE SAID THAT HE LIVED THERE. DEPUTY HORTON STOOD WITH CO-DEFENDANT WHILE THIS DEPUTY WENT TO THE FRONT DOOR OF THE RESIDENCE IN AN ATTEMPT TO MAKE CONTACT WITH THE HOMEOWNER. AS I KNOCKED ON THE FRONT GLASS DOOR, I COULD SEE THROUGH THE LIVING ROOM WHERE I OBSERVED AN OPEN WINDOW AT THE REAR OF THE RESIDENCE WITH BROKEN GLASS. I COULD ALSO SEE WHERE THE LIVING ROOM APPEARED TO BE RANSACKED. DEPUTY BLAIR, DEPUTY RITLI AND I WENT TO THE REAR OF THE RESIDENCE TO AN OPEN DOOR AND ENTERED THE RESIDENCE TO ENSURE THERE WAS NO ONE INSIDE. AS WE ENTERED I OBSERVED BLOOD ON A WASHING MACHINE LOCATED OUTSIDE THE REAR DOOR, BLOOD ON THE DOOR ITSELF AND SMALL BLOOD DROPS IN THE ENTRYWAY. AS WE CLEARED THE RESIDENCE, THERE WAS ALSO BLOOD SMEARED ON THE WALL IN THE HALLWAY AS WELL AS BLOOD DROPLETS IN THE DINING ROOM AND LIVING ROOM AREA. WHILE THE RESIDENCE WAS BEING CLEARED, DEPUTY REEVES DID A PAT DOWN OF THE CO-DEFENDANT AND LOCATED WOMEN'S JEWELRY IN THE CO-DEFENDANT'S FRONT POCKETS AS WELL AS A KEY TO A VEHICLE LOCATED ON THE PROPERTY. THE CO-DEFENDANT STATED THAT IT WAS HIS EX-GIRLFRIEND'S JEWELRY AND HE HAD NO IDEA WHERE THE KEY CAME FROM. AFTER CLEARING THE RESIDENCE, THIS DEPUTY THEN READ THE CO-DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. I ASKED THE CO-DEFENDANT WHY HE WAS THERE AND IF HE HAD BEEN INSIDE THE HOUSE, TO WHICH HE STATED THAT HE DID NOT KNOW WHAT I WAS TALKING ABOUT AND THAT HE NEVER WENT INSIDE THE HOUSE AND WAS NEVER INSIDE THE SHED. WHILE THIS DEPUTY WAS TALKING TO THE CO-DEFENDANT, DEPUTY BONURA MADE CONTACT WITH THE FEMALE THAT WAS IN THE VEHICLE. THE DEFENDANT, MS ASHLEY WILLINGHAM, STATED THAT SHE RECEIVED A TELEPHONE CALL AT APPROXIMATELY 2315 HOURS FROM THE CO-DEFENDANT SAYING THAT HE WAS HURT AND TO COME PICK UP HIM AND HIS FRIEND MICHAEL. HE ADVISED THAT THEY WOULD BE AT A DRIVEWAY AT FOREST VIEW MOBILE HOME PARK. MS WILLINGHAM ADVISED SHE DROVE UP AND DOWN THE ROAD WHERE SHE WAS FLAGGED DOWN BY A SUBJECT, MR MICHAEL LAWHEAD. SHE ADVISED THAT MR LAWHEAD DEMANDED THE KEYS TO HER VEHICLE, OPENED THE TRUNK OF HER VEHICLE AND THREW TWO DUFFLE BAGS INTO THE TRUNK. HE THEN TOLD HER BOYFRIEND/CO-DEFENDANT, MR DANIEL WITNER, TO COME HELP HIM GET CLINTON THAT HE COULD NOT WALK. DEPUTY BONURA THEN ASKED MS WILLINGHAM IF SHE WOULD OPEN THE TRUNK OF THE VEHICLE, TO WHICH SHE STATED YES. DEPUTY BONURA OBSERVED TWO DUFFLE BAGS FULL OF MISCELLANEOUS PROPERTY TO INCLUDE ALCOHOL BOTTLES AND A RIFLE. WHILE DEPUTY BONURA WAS TALKING TO MS WILLINGHAM, HER BOYFRIEND, DANIEL WITNER, CAME WALKING OUT OF THE WOODS. MR WITNER WAS ASKED WHAT HE WAS DOING, TO WHICH HE STATED HE WAS SUPPOSED TO GO HELP MICHAEL GET HIS FRIEND CLINTON WHO WAS BLEEDING BAD AND COULD NOT WALK, HOWEVER, WHEN THEY FOUND CLINTON, HE WAS STUCK IN A SHED AND THEY COULD NOT GET HIM OUT. HE ADVISED THAT THEY LEFT CLINTON IN THE SHED SCREAMING, YELLING AND THROWING STUFF. HE ADVISED THAT MICHAEL LAWHEAD ASKED HIM TO HELP CARRY A LARGE FLAT SCREEN TELEVISION TO WHICH HE STATED THAT HE WAS NOT GOING TO DO ANYTHING OF THE KIND AND WALKED BACK OUT TO THE VEHICLE WHERE HE ENCOUNTERED LAW ENFORCEMENT. DEPUTY BLAIR WAS ABLE TO MAKE CONTACT WITH HOMEOWNER WHO WAS SENT PHOTOGRAPHS OF THE ITEMS THAT WERE LOCATED IN THE CO-DEFENDANT'S POCKETS, WHICH HE IDENTIFIED AS HIS JEWELRY THAT HAD BEEN INSIDE THE RESIDENCE AS WELL AS A KEY TO HIS TRUCK WHICH WAS ALSO IN HIS RESIDENCE. DEPUTY BLAIR ALSO ADVISED THAT THE HOMEOWNER WAS ALSO ABLE TO DESCRIBE SOME OF THE ITEMS LOCATED IN THE TRUNK OF THE VEHICLE. THE DEFENDANT WAS THEN SECURED IN THE REAR OF DEPUTY MATOS'S PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE DEFENDANT WAS RELEASED ON HER OWN RECOGNIZANCE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if your are hearing or voice impaired, call 711.” *NOT-EXEMPT* |