| Probable cause affidavit: |
SUBMITTED By: CASALVIERI, BRIAN 1265 (AR13-6749) (13-105491) DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, MR RANDALL JOHNSON, TO-WIT: CUT SIDEWALL OF THE FRONT DRIVER SIDE TIRE ON VEHICLE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)2; AND DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: ENTERED IN AND AROUND THE RESIDENCE LOCATED 8 SOUTH BARBOUR STREET IN BEVERLY HILLS, THE PROPERTY OF THE VICTIM, MS LILLIAN SLACK, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT AFTER WARNING, IN VIOLATION OF FLORIDA STATE STATUTES 810.08(1) AND 810.08(2)(B). ON 080513 AT APPROXIMATELY 0136 HOURS, I RESPONDED TO 8 SOUTH BARBOUR STREET, IN REFERENCE TO HARASSMENT. I PREVIOUSLY HAD RESPONDED TO THIS ADDRESS ON 080413 AT APPROXIMATELY 2248 HOURS, IN REFERENCE TO A VERBAL ALTERCATION. THE COMPLAINANT/VICTIM ONE, MS LILLIAN SACK, CALLED THIS AGENCY BECAUSE SHE AND THE DEFENDANT WERE ARGUING INSIDE THE RESIDENCE AND HE KICKED A WHOLE IN A CLOSET DOOR AND THEN LEFT THE RESIDENCE. MS SACK ADVISED SHE DID NOT WANT A REPORT GENERATED FOR THE BROKEN DOOR. THE DEFENDANT RETURNED TO THE ADDRESS AND STOOD IN THE FRONT DOORWAY OF THE RESIDENCE WHILE I WAS SPEAKING WITH MS SACK. I THEN ASKED TO SPEAK TO THE DEFENDANT ON THE FRONT PORCH ABOUT THE INCIDENT. THE DEFENDANT STATED HE WAS AT THE RESIDENCE EARLIER BUT DID NOT DAMAGE THE CLOSET DOOR. AFTER SPEAKING WITH THE DEFENDANT, MS SACK ALLOWED HIM TO SAY GOODBYE TO THEIR INFANT CHILD INSIDE THE RESIDENCE AND HE THEN LEFT WITHOUT INCIDENT. UPON ARRIVAL ON 080513, I MET WITH DEPUTY SANCHEZ, WHO WAS ALREADY ON SCENE. DEPUTY SANCHEZ ADVISED ME THAT THE DEFENDANT HAD BEEN TRESPASSED FROM THIS RESIDENCE ON 072813 (TRESPASSING WARNING NUMBER 8735) BY DEPUTY NEAL. MS SACK FAILED TO INFORM ME THAT SHE HAD THE DEFENDANT TRESPASSED FROM HER RESIDENCE WHEN I HAD RESPONDED THE DAY BEFORE. I THEN SPOKE WITH MS SACK WHO STATED AT APPROXIMATELY 0120 HOURS, THE DEFENDANT HAD RETURNED TO HER RESIDENCE WHILE SHE WAS SPENDING TIME WITH HER FRIEND/VICTIM TWO, MR RANDALL JOHNSON. SHE EXPLAINED THAT SHE SAW THE DEFENDANT BANGING ON THE FRONT DOOR, THE SIDE WINDOWS TO THE RESIDENCE, AND THE REAR DOOR ATTEMPTING TO HAVE HER LET HIM INSIDE THE RESIDENCE. MS SACK THEN CALLED THIS AGENCY AND THE DEFENDANT LEFT. MS SACK AND MR JOHNSON WENT OUT TO CHECK ON MR JOHNSONâS VEHICLE, WHICH WAS PARKED BEHIND THE RESIDENCE, WHERE THEY HAD SEEN THE DEFENDANT BANGING ON THE REAR DOOR. THEY NOTICED THE DRIVER SIDE TIRE HAD BEEN RECENTLY SLASHED AND WAS STILL LEAKING AIR. MS SACK ADVISED THEY DID NOT SEE THE DEFENDANT SLASH THE TIRE; HOWEVER, HE WAS THE ONLY PERSON OUTSIDE THE RESIDENCE BY THE VEHICLE RECENT ENOUGH FOR THE TIRE TO STILL BE LEAKING AIR AFTER IT HAD BEEN CUT. MR JOHNSON ALSO STATED THE DEFENDANT ARRIVED AT APPROXIMATELY 0130 HOURS AND HAD BEEN CURSING AND BANGING ON DOORS AND WINDOWS TO THE RESIDENCE. ONCE THE DEFENDANT LEFT, HE AND MS SACK WENT OUT TO HIS VEHICLE BEHIND THE RESIDENCE AND NOTICED HIS FRONT DRIVER SIDE TIRE TO HIS TRUCK WAS HISSING AIR FROM A GASH IN THE SIDE WALL. MR JOHNSON DID NOT SEE THE DEFENDANT SLASH HIS TIRE; HOWEVER, WHEN HE ARRIVED AT THE RESIDENCE EARLIER, THE TIRE WAS FINE AND NOT LEAKING AIR. MR JOHNSON ADVISED THE TIRE WAS WORTH APPROXIMATELY $300.00. I OBSERVED A SMALL, APPROXIMATELY ONE INCH, GASH IN THE SIDE WALL OF MR JOHNSONâS FRONT DRIVER SIDE TIRE AND IT WAS STILL SLOWLY LEAKING AIR. BOTH MR JOHNSON AND MS SACK FILLED OUT SWORN WRITTEN STATEMENTS, WHICH WILL LATER BE TURNED INTO RECORDS. MR JOHNSON ADVISED HE DID WANT TO PURSUE CHARGES ON THE DEFENDANT FOR DAMAGING HIS TIRE. I GAVE MR JOHNSON A CASE CARD BEARING MY NAME AND THE CASE NUMBER AND ADVISED HIM IF HE HAD ANY QUESTIONS TO CONTACT THIS AGENCY. I THEN MADE CONTACT WITH THE DEFENDANT AT 4 NORTH DAVIS STREET IN BEVERLY HILLS AND READ HIM HIS MIRANDA WARNINGS VIA A PREPRINTED AGENCY CARD. THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME AT THAT TIME. THE DEFENDANT WAS INITIALLY UNCOOPERATIVE WITH ME; HOWEVER, HE EXPLAINED HE HAD NOT RETURNED TO MS SACKâS RESIDENCE SINCE HE WAS THERE LATER WITH ME PRESENT. HE CONTINUED TO EXPLAIN THAT AFTER APPROXIMATELY 2200 HOURS ON 080413, HE LEFT MS SACKâS RESIDENCE AND WENT TO 30 NORTH DESOTO STREET IN BEVERLY HILLS TO HANG OUT WITH HIS FRIEND JONATHAN. LATER, ONE OF JONATHANâS FRIENDS CALLED ASKING FOR A RIDE AND THE DEFENDANT PICKED THAT FRIEND UP AND DROPPED HIM OFF AT 28 NORTH ARBER STREET. AFTER THAT, THE DEFENDANT RETURNED TO HIS RESIDENCE AT 4 NORTH DAVIS STREET AT APPROXIMATELY 0200 HOURS. DEPUTY SANCHEZ WENT TO BOTH ADDRESSES THE DEFENDANT STATED HE HAD GONE, TO SPEAK WITH HIS FRIENDS HE WAS ALLEGEDLY WITH. THIS WAS MET WITH NEGATIVE RESULTS. SEE DEPUTY SANCHEZâS REPORT. THE DEFENDANT CLAIMED HE DID NOT KNOW HE HAD BEEN TRESPASSED FROM MS SLACKâS RESIDENCE. I OBTAINED A SWORN WRITTEN STATEMENT FROM THE DEFENDANT, WHICH HE WAS EXTREMELY RELUCTANT TO FILL OUT. THIS WILL ALSO BE TURNED INTO RECORDS. I THEN INFORMED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR TRESPASSING FROM MS SACKâS RESIDENCE AND FOR CRIMINAL MISCHIEF. I THEN PLACED THE DEFENDANT IN HANDCUFFS IN FRONT OF HIS BODY (DOUBLE LOCKED), AND ESCORTED HIM TO THE REAR SEAT OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET $500.00 FOR THE CRIMINAL MISCHIEF AND $1,000.00 FOR THE TRESPASSING. |
