Probable cause affidavit: |
SUBMITTED BY: ANSTEAD, LAURA 0459 (AR13-5837) SHOOTING INTO OR THROWING DEADLY MISSILES INTO DWELLINGS, PUBLIC OR PRIVATE BUILDINGS, OCCUPIED OR UNOCCUPIED; VESSELS, AIRCRAFT, BUSES, RAILROAD CARS, STREET CARS, OR OTHER VEHICLES IN VIOLATION OF FLORIDA STATE STATUTE 790.19. ON 052913, I RESPONDED TO 900 NORTH LEISURE POINT IN INVERNESS, IN REFERENCE TO A VANDALISM THAT HAD JUST OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR DAVID PETTITT, WHO ADVISED THAT HE WAS LAYING IN BED WHEN HE HEARD A CRASH AT HIS LIVING ROOM WINDOW, FOLLOWED WITH A MALEâS VOICE STATING âAND IâM GONNA BURN YOUR FUCKING HOUSE DOWN TOOâ. UPON HEARING THE VOICE, THE VICTIM ADVISED THAT HE KNEW IT WAS HIS NEIGHBOR/ DEFENDANT, MR BENJAMIN WORRALL. THE VICTIM STATED THAT HE RAN TO THE FRONT DOOR AND OPENED IT, AT WHICH TIME HE SAW THE DEFENDANT RUNNING UP THE STEPS TO THE FRONT DOOR OF THE DEFENDANTâS RESIDENCE AND GO INSIDE. I ASKED THE VICTIM HOW HE KNEW THAT IT WAS THE DEFENDANT THAT HE SAW AND HEARD. THE VICTIM ADVISED THAT THERE HAS BEEN AN ONGOING FEUD BETWEEN HIM AND THE NEIGHBORS AND THAT THE DEFENDANT THREATENS TO BURN DOWN HIS HOUSE ON A REGULAR BASIS. HE ADVISED THAT HE HAS SEEN THE DEFENDANT, AS WELL AS HEARD HIS VOICE MANY TIMES. THE VICTIM ADVISED THAT HE WAS 100% SURE THAT THE VOICE HE HEARD WAS THE DEFENDANTâS, AS WELL AS THE MAN HE SAW RUN INTO THE HOUSE WAS THE DEFENDANT. DEPUTY HOWARD HAD RESPONDED TO THE SCENE WITH ME, AND WENT INSIDE TO LOOK AT THE OBJECT THROWN THROUGH THE VICTIMS WINDOW. DEPUTY EXITED THE RESIDENCE AND ADVISED THAT THE OBJECT WAS A CERAMIC DINNER PLATE AND THAT IF IT HAD STRUCK THE VICTIM UPON BEING THROWN INTO THE RESIDENCE, IT COULD HAVE CAUSED SERIOUS BODILY INJURY. THERE WAS ALSO SEVERAL PIECES OF GLASS THAT HAD FLOWN INTO THE RESIDENCE WHEN THE PLATE WENT IN, THAT COULD HAVE INJURED THE VICTIM IF HE HAD BEEN HIT BY IT. DEPUTY HOWARD AND I THEN WALKED ACROSS THE STREET TO 915 NORTH LEISURE POINT. UPON WALKING UP THE DRIVEWAY, I OBSERVED FOOT PRINTS IN THE DIRT DRIVEWAY, WHICH WERE CONSISTENT WITH SOMEONE RUNNING. THE STEPS WERE PLACED FAR APART, INDICATING THAT THE INDIVIDUAL WAS TALL, AND THERE WAS A CLEAR IMPRESSION WHERE THE TOES WERE DIGGING INTO THE SAND. AS WE NEARED THE RESIDENCE, I COULD HEAR LOUD HEAVY METAL MUSIC COMING FROM INSIDE. AS WE APPROACHED THE FRONT DOOR, IT OPENED AND A WHITE MALE WEARING A BLACK SHIRT AND JEANS EXITED THE FRONT DOOR. THE MALE ASKED DEPUTY HOWARD AND I IF THERE WAS A PROBLEM AND STATED IT IN A VERY SURPRISED MANNER AS IF HE HAD NO IDEA WHY WE WERE THERE. THE MALE, LATER IDENTIFIED AS THE DEFENDANT, PROVIDED US WITH THE NAME BENJAMIN WORRALL. WHEN ASKED ABOUT THE INCIDENT AT THE VICTIMâS HOME, HE DENIED ANY PARTICIPATION AND CONTINUED TO ACT IN A SURPRISED MANNER. THE DEFENDANT STATED SEVERAL TIMES THAT HE WAS A FOUR TIME CONVICTED FELON, AND WOULD THEN ASK THESE DEPUTIES âWHY WOULD I DO SOMETHING LIKE THATâ. THE DEFENDANT DID OFFER A NAME OF CHRISTOPHER, STATING THAT CHRIS WAS HIS COUSIN AND HAD BEEN AT THE RESIDENCE THIS EVENING DRINKING WINE WITH HIM. HE ADVISED THAT CHRIS WAS THE ONE WHO THREW THE PLATE, NOT HIM. HE THEN STATED THAT CHRIS WAS HIS COUSIN AND FAMILY AND ASKED THAT I NOT TELL CHRIS THAT HE HAD GIVEN US HIS NAME. I ASKED THE DEFENDANT FOR MORE INFORMATION ON CHRIS, AT WHICH TIME HE STATED ALL HE COULD TELL ME WAS THAT HIS NAME WAS CHRIS BRADY AND THAT HE HAD JUST BEEN RELEASED FROM PRISON. I ASKED THE DEFENDANT IF CHRIS HAD BEEN IN PRISON, WHY WOULD HE THROW THE OBJECT THROUGH THE NEIGHBORâS WINDOW. THE DEFENDANT STATED THAT HE AND CHRIS HAD BEEN DRINKING ALL NIGHT, AT WHICH TIME HE BEGAN TELLING CHRIS THAT THE NEIGHBOR/VICTIM HAD GOTTEN INTO A PHYSICAL ALTERCATION WITH HIS MOTHER SEVERAL MONTHS AGO AND THAT THE VICTIM HAD PUSHED HER DOWN. THE DEFENDANT STATED THAT HE BELIEVED THIS UPSET CHRIS, WHICH CAUSED HIM TO THROW THE PLATE THROUGH THE NEIGHBORâS WINDOW. HE ADVISED HE WAS LED TO THIS CONCLUSION BECAUSE CHRIS HAD DISAPPEARED, AND UPON RETURNING, RAN INTO THE HOUSE, AND THEN OUT THE BACK DOOR BECAUSE HE KNEW THE COPS WERE COMING. I ASKED THE DEFENDANT HOW HE KNEW WE WERE COMING, TO WHICH HE ADVISED HE KNEW THE VICTIM WOULD CALL US. I ASKED THE DEFENDANT IF HE COULD PROVIDE ME WITH CONTACT INFORMATION FOR HIS COUSIN CHRIS; HOWEVER HE ADVISED THAT HE WAS UNABLE TO. HE ALSO AGAIN REQUESTED I NOT MENTION ANYTHING TO CHRIS ABOUT HIM GIVING US THIS INFORMATION. HE STATED SEVERAL TIMES THAT CHRIS WAS HIS COUSIN AND THAT PROTECTING HIS FAMILY MEANT EVERYTHING TO HIM. THE DEFENDANT THEN STATED THAT CHRIS HAD BEEN PICKED UP EARLIER THAT DAY BY HIS MOTHER, MS ROBIN DALTON, AND DROPPED OFF AT THE RESIDENCE BY HER AS WELL. I ASKED THE DEFENDANT IF THERE WAS ANY WAY I COULD GET IN TOUCH WITH CHRIS, TO WHICH HE STATED NO. WHILE SPEAKING WITH THE DEFENDANT, HE WOULD CONTINUALLY BECOME DEFENSIVE AND STATED THAT HE WAS A FOUR TIME CONVICTED FELON AND WAS STAYING OUT OF TROUBLE. THE DEFENDANT WAS MORE CONCERNED WITH DENYING HIS INVOLVEMENT, THAN PROVIDING ME WITH INFORMATION ABOUT CHRIS. THE DEFENDANT TOLD ME THE SAME STORY ABOUT CHRIS SEVERAL TIMES. I CONTACTED K9 DEPUTY BOBBY PRICE AND REQUESTED THAT HE ATTEMPT TO TRACK CHRIS, WHO HAD RUN OUT THE BACK DOOR OF THE RESIDENCE. I ADVISED DEPUTY PRICE THAT THE SCENT WOULD BE FRESH DUE TO THE FACT THAT NO ONE ELSE HAD BEEN BACK THERE AND THE INCIDENT HAD OCCURRED APPROXIMATELY 45 MINUTES PRIOR. THE DEFENDANT ALLOWED DEPUTY HOWARD AND I TO SEARCH THE RESIDENCE FOR CHRISâS PRESENCE, WHICH WAS MET WITH NEGATIVE RESULTS. DEPUTY PRICE ARRIVED ON SCENE AND DEPLOYED HIS K9. IT SHOULD BE NOTED THAT WHILE WE WAITED FOR THE ARRIVAL OF DEPUTY PRICE AND THE DEFENDANTâS MOTHER, THE DEFENDANT WAS COOPERATIVE. HE CONTINUED DENYING ANY INVOLVEMENT, BUT DID NOT GET LOUD OR VIOLENT ABOUT THE SITUATION. HE MAINTAINED THAT THE COUSINâS NAME WAS CHRIS AND THAT HIS MOTHER HAD BROUGHT CHRIS TO THE RESIDENCE EARLIER THAT DAY. SHORTLY AFTER DEPUTY PRICE ARRIVED AND DEPLOYED HIS K9, THE DEFENDANTâS MOTHER ARRIVED. DEPUTY HOWARD ASSISTED DEPUTY PRICE, WHILE I STAYED WITH THE DEFENDANT AND ATTEMPTED TO INTERVIEW MS DALTON. UPON HER EXITING THE VEHICLE, THE DEFENDANT IMMEDIATELY BEGAN TRYING TO FEED MS DALTON INFORMATION. WHEN I ASKED HIM NOT TO SAY ANYTHING, HE WOULD BEGIN YELLING âJUST TAKE ME TO JAIL, YOU WANT TO ANYWAYSâ. THE DEFENDANT MADE SEVERAL ATTEMPTS TO PREVENT THIS DEPUTY FROM GAINING ANY INFORMATION FROM MS DALTON. I WAS FINALLY ABLE TO ASK MS DALTON IF SHE HAD PICKED UP THEIR COUSIN CHRIS TODAY AND BROUGHT HIM TO THE HOUSE. MS DALTON LOOKED AT ME WITH A CONFUSED LOOK ON HER FACE AND ADVISED THAT SHE HAD NOT BEEN AT THE HOUSE ALL DAY AND DIDNâT HAVE A COUSIN NAMED CHRIS. AS SHE SAID THIS, THE DEFENDANT STATED âI NEVER TOLD YOU SHE BROUGHT HIM HEREâ. MS DALTON THEN ASKED THE DEFENDANT WHO CHRIS WAS. AS THIS HAPPENED, THE DEFENDANT ADVISED THAT HE WAS MS DALTONâS BROTHER. MS DALTON STATED THAT SHE HAS A BROTHER NAMED SCOTT AND THAT SCOTT HAD JUST BEEN RELEASED FROM PRISON THREE DAYS PRIOR. MS DALTON ALSO STATED THAT SHE HAD NOT PICKED UP ANYONE THAT DAY AND HAD NOT BEEN AT THE HOUSE TO DROP ANYONE OFF. MS DALTON WAS VERY CONFUSED AND ASKED THE DEFENDANT WHY HE WAS TELLING US THESE THINGS. THE DEFENDANT SWORE TO HIS MOTHER THAT HE HAD NEVER SAID SHE HAD PICKED HIM UP AND THAT I WAS LYING, TRYING TO TWIST HIS WORDS SO THAT I COULD TAKE HIM TO JAIL. THE DEFENDANT STATED THAT I WANTED TO TAKE HIM TO JAIL BECAUSE HE WAS WEARING A T-SHIRT THAT STATED âSUPPORT YOUR LOCAL OUTLAWSâ. THIS WENT ON THROUGHOUT THE CONVERSATION, AS I TRIED TO OBTAIN MORE INFORMATION FROM MS DALTON, THE DEFENDANT BEGAN TO ACT OUT AND BECOME VIOLENT. HE BEGAN SCREAMING AND THROWING HIS HANDS IN MY FACE DEMANDING THAT I PLACE HIM IN HANDCUFFS AND STATING THAT HE WANTED HIS LAWYER AND WOULD NOT SAY ANYTHING UNTIL HIS LAWYER ARRIVED. THIS WAS AN OBVIOUS ATTEMPT ON THE DEFENDANTâS PART TO PREVENT ANY FURTHER COMMUNICATIONS BETWEEN MS DALTON AND I. I AGAIN ATTEMPTED TO ASK MS DALTON ABOUT THE BROTHER. AS MS DALTON BEGAN TO ASK THE DEFENDANT WHY HE HAD LIED TO ME, HE BEGAN SCREAMING AND CLINCHING HIS ARMS AT ME AND HIS MOTHER. AT THAT TIME, I PLACED THE DEFENDANT IN HANDCUFFS IN ORDER TO PREVENT ANY ACTS OF VIOLENCE ON HIS PART. DEPUTY HOWARD THEN ADVISED ME THAT THE K9 HAD NOT LOCATED ANY SIGNS OF FRESH HUMAN SCENT BEHIND THE RESIDENCE AND THAT ALL OF THE DEW ON TOP OF THE GRASS WAS STILL INTACT AS WELL. AT THIS POINT, I BELIEVED THAT THE DEFENDANT HAD IN FACT THROWN THE PLATE THROUGH THE WINDOW. THE CONTINUALLY CHANGING STORY, COUPLED WITH THE VICTIMâS POSITIVE IDENTIFICATION, AND LACK OF PROOF OF THE PRESENCE OF ANOTHER SUSPECT LED ME TO BELIEVE THE VICTIM. I THEN ESCORTED THE DEFENDANT TO MY PATROL VEHICLE AND SECURED HIM SO THAT I COULD INTERVIEW MS DALTON AND SPEAK WITH DEPUTY PRICE. DEPUTY PRICE ADVISED THAT HE WAS CONFIDENT THAT THERE HAD BEEN NO ONE BEHIND THE RESIDENCE. HIS DOG HAD NOT SHOWN ANY INTEREST IN THE AREA AND THERE WAS NO DISTURBANCE OF THE AREA INDICATIVE OF SOMEONE RUNNING THROUGH THERE. MS DALTON THEN APPROACHED ME AND BEGAN ACTING AS THOUGH SHE WAS CRYING, BEGGING ME NOT TO TAKE HER SON TO JAIL. SHE STATED THAT SHE HAD NO ONE ELSE AND THAT SHE NEEDED HELP AROUND THE HOUSE. IT WAS CLEAR THAT SHE WAS NOT ACTUALLY CRYING DUE TO A LACK OF TEARS IN HER EYES, AND THE FACT THAT AS SOON AS I ASKED HER DEMOGRAPHICAL QUESTIONS, SHE WOULD IMMEDIATELY ANSWER IN A NON UPSET VOICE AND WITHOUT CRYING. SHE ALSO STATED THAT SHE HAD BEEN WRONG AND THAT SHE HAD PICKED HER BROTHER UP FROM JAIL EARLIER. I ASKED MS DALTON WHY SHE HAD GIVEN ME A DIFFERENT STORY EARLIER, TO WHICH SHE STATED THAT SHE DID NOT, AND THAT I HAD MISUNDERSTOOD HER. I ADVISED MS DALTON THAT I UNDERSTOOD WHAT SHE HAD SAID CLEARLY AND INFORMED HER OF THE OBSTRUCTION LAW IN REFERENCE TO LYING DURING AN INVESTIGATION. MS DALTON QUICKLY CHANGED THE SUBJECT BACK TO BEGGING ME TO RELEASE HER SON. I ADVISED HER THAT HER SON WOULD NOT BE RELEASED AND WOULD BE GOING TO JAIL. I OBTAINED THE VICTIMâS SWORN WRITTEN STATEMENT. THE VICTIM AGAIN STATED THAT HE WAS POSITIVE THE DEFENDANT WAS THE PERSON HE HEARD AND SAW RUNNING INTO THE HOME. THE VICTIM STATED THAT THIS HAS BEEN AN ONGOING AND ESCALATING PROBLEM. PRIOR TO LEAVING THE SCENE, I CONFIRMED THAT THE CERAMIC PLATE THAT HAD BEEN THROWN THROUGH THE VICTIMâS WINDOW DID MATCH THE PLATES IN THE DEFENDANTâS HOME. DEPUTY HOWARD COLLECTED THE PLATE AND COMPLETED A CST IN REFERENCE TO THIS INCIDENT. THE DEFENDANT WAS PLACED UNDER ARREST, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING, WHERE THE DEFENDANT'S BOND WAS SET AT $10,000.00, PER THE BOND SCHEDULE. |