| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, WILLIAM 0463 (AR11122672) THE DEFENDANT DID FIND 11 CAR HEAVY TRUCK COMMERCIAL BATTERIES THAT DID NOT BELONG TO HIM. THE DEFENDANT ALSO DID NOT REPORT THE BATTERIES TO LAW ENFORCEMENT AS REQUIRED BY FLORIDA STATE STATUTE. THE DEFENDANT THEN APPROPRIATED THE BATTERIES FOR HIS OWN PERSONAL USE TO WIT: TURNED THE BATTERIES INTO THE CITRUS COUNTY RECYCLER FOR $96.80 WHICH DEPRIVED THE RIGHTFUL OWNER OF SAID BATTERIES IN VIOLATION OF FLORIDA STATE STATUTE 47405.102(3). Any person who knowingly gives false verification of ownership or who gives a false or altered identification and who receives money or other consideration from a secondary metals recycler, in return for regulated metals, AND THE value of the money or other consideration received is less than $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 538.23(3)(A). ON 090311, THIS DEPUTY WAS CONTACTED BY TELEPHONE BY MR MICHAEL PAGLIA OF INTER-COUNTY METAL RECYCLING TO REPORT THE DEFENDANT, MR BROCK HARDING TURNED IN 11 LEAD ACID BATTERIES AT APPROXIMATELY 0850 HOURS. MR PAGLIA FURTHER STATED THAT THIS DID NOT APPEAR RIGHT SINCE THEY TESTED THE BATTERIES AND THE MAJORITY APPEARED TO BE GOOD BATTERIES. HE FURTHER ADVISED THAT MOST OF THESE BATTERIES WOULD COME OUT OF LARGE TRUCKS SUCH AS SEMI'S. MR PAGLIA STATED HE WOULD KEEP THESE TO THE SIDE IF WE COULD DETERMINE THAT THEY WERE STOLEN. ON 090611, I MADE CONTACT WITH THE DEFENDANT, MR BROCK HARDING, AT HIS RESIDENCE. MR HARDING STATED THAT HE FOUND THE BATTERIES IN THE AREA KNOWN AS TURTLE POND OFF OF US HIGHWAY 41 IN INVERNESS. I ASKED MR HARDING IF HE COULD SHOW ME EXACTLY WHERE. HE AGREED AND RODE WITH ME TO THE SPOT WHERE HE SAID HE HAD FOUND THEM IN AN AREA OF LOOSE SAND. I POINTED OUT TO MR HARDING THAT IT DID NOT APPEAR RIGHT TO THIS DEPUTY, BECAUSE IF THE BATTERIES WERE THERE, YOU SHOULD BE ABLE TO SEE SOME KIND OF DEPRESSIONS IN THE SAND, WHICH THERE WERE . HE ALSO ADVISED ME THAT HIS FRIEND MR ZACHARY SUMMERS WAS WITH HIM WHEN HE FOUND THE BATTERIES. AT THAT POINT, I THEN RETURNED MR BROCK HARDING TO HIS RESIDENCE . ON 090811, DEPUTY PARSONS AND I, RESPONDED TO INTER-COUNTY RECYCLING IN LECANTO TO INSPECT THE BATTERIES. UPON EXAMINATION OF THEM, WE COULD NOT FIND ANY DIRT OR SAND ON THEM WHICH DID NOT CORRESPOND WITH THE DEFENDANT 'S STATEMENT WHERE HE HAD FOUND THEM. FURTHER MORE THE SCALE OPERATOR MR MICHAEL LINSLEY ADVISED, THAT HE HAD ASKED THE DEFENDANT WHERE THE BATTERIES HAD COME FROM AND THE DEFENDANT ADVISED "GRANDFATHER'S SHED". THE SCALE OPERATOR PROVIDED US A SWORN WRITTEN STATEMENT. A COPY OF THE FLORIDA SECONDARY METALS RECYCLER PURCHASE TRANSACTION FORM NUMBER135679 WAS COLLECTED AND TURNED INTO RECORDS DIVISION. the FORM STATED THAT THE DEFENDANT RECEIVED $96.80 FOR THE BATTERIES. ON 090811, DEPUTY PARSONS AND I ATTEMPTED TO LOCATE THE OWNER OF SAID BATTERIES. WE RESPONDED TO 1412 WHITE LAKE DRIVE IN INVERNESS. THERE WE FOUND BENTLEY STRIPING COMPANY. TRUCKS ALONG WITH SEVERAL TRAILERS HAD BEEN BURGLARIZED AND BATTERIES STOLEN. CONTACT WAS MADE WITH THE OWNER BRUCE BENTLEY. MR BENTLEY ADVISED THAT ALL OF THE TRUCKS HAD BATTERIES IN THEM AND IF THEY WERE MISSING THEY HAD BEEN STOLEN. HE WAS ASKED WHAT KIND OF BATTERIES HE WOULD HAVE AND HE REPLIED THAT MOST OF THEM WOULD HAVE COME FROM NAPA AUTO PARTS. IT SHOULD BE NOTED THAT THE MAJORITY OF THE BATTERIES THAT WHERE TURNED IN ARE NAPA AUTO PARTS BATTERIES. MR BENTLEY IS IN THE PROCESS OF FINDING THE RECEIPTS FOR THE BATTERIES. THE VICTIM ADVISED THAT HE ESTIMATED THE VALUE OF THE BATTERIES TO BE $1,000.00. ON 090811, CONTACT WAS MADE AGAIN WITH THE DEFENDANT AT HIS RESIDENCE AND HE WAS ASKED AGAIN WHERE HE OBTAINED THE BATTERIES. HE ADVISED ME THAT HE HAD ALREADY SHOWED ME. AT THAT TIME, HE WAS PLACED UNDER ARREST AND READ HIS MIRANDA RIGHTS VIA AGENCY PREPRINTED CARD. DURING THE TRIP TO THE CITRUS COUNTY DETENTION FACILITY (CCDF), THE DEFENDANT ASKED ABOUT HIS CHARGES. HE THEN STATED HE WOULD ACCEPT DEALING IN STOLEN PROPERTY CHARGES, BUT HE DID NOT ACTUALLY STEAL THE BATTERIES. HE FURTHER ADMITTED WHEN HE TURNED THE BATTERIES IN THAT HE KNEW HE WAS NOT THE RIGHTFUL OWNER. AFTER THE DEFENDANT WAS AT THE DETENTION FACILITY, CONTACT WAS MADE WITH THE DEFENDANT'S WITNESS, MR ZACHARY SUMMERS. MR SUMMERS ADVISED THAT EVEN THOUGH HE TOLD THIS DEPUTY BY TELEPHONE THAT HE WAS WITH THE DEFENDANT WHEN THEY HAD FOUND BATTERIES THAT IT WAS ACTUALLY A LIE. HE STATED THE DEFENDANT CALLED HIM ON 090611 AND TOLD HIM TO LIE FOR HIM AS TO WHERE THE BATTERIES HAD COME FROM. CONTACT WAS ALSO MADE THE DEFENDANT'S MOTHER, MS KATHERINE HARDING. MS HARDING ADVISED THAT ON 090311, WHEN SHE AWOKE, THE BATTERIES HAD ALREADY BEEN IN HER VEHICLE AND SHE HAD DRIVEN THE DEFENDANT TO THE RECYCLER TO TURN THEM IN. THE DEFENDANT WAS TRANSPORTED TO THE DETENTION FACILITY, WHERE HE WAS BEING HELD ON A COMBINED BOND OF $4,000.00 PER THE BOND SCHEDULE. IT SHOULD BE NOTED THAT IT IS EXPECTED THAT THE DEFENDANT WILL BE CHARGED WITH SEVERAL OTHER COUNTS OF BURGLARY AND GRAND THEFT. "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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
