Probable cause affidavit: |
SUBMITTED BY: CLARK, SHELLY 0401 (AR11119303) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: RESIDENCE , LOCATED AT 901 SOUTH ROOKS AVENUE, INVERNESS, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(B); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), TO WIT: AIR CONDITIONING UNIT, MISCELLANEOUS COPPER AND HOUSEHOLD FIXTURES, 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 STATUTES 812.014(2)(C)(1). ON 012811 THE VICTIM, MR JOHN SINTON, ADVISED THAT HIS INVESTMENT PROPERTY HAD BEEN BURGLARIZED AS REPORTED IN CASE NUMBER 11011043. THE VICTIM STATED THAT THE RESIDENCE IS IN THE PROCESS OF BEING REMODELED. THE VICTIM STATED ON 012811, WHEN HE RETURNED TO THE RESIDENCE TO BEGIN WORK HE NOTICED WATER ON THE FLOOR AND THE AIR CONDITIONING UNIT REMOVED FROM THE OUTSIDE OF THE RESIDENCE. THE VICTIM ALSO NOTICED THAT HIS WHEELBARROW WAS ALSO MISSING. UPON FURTHER INSPECTION THE VICTIM NOTICED THE COPPER PLUMBING PULLED FROM THE WALL WHERE THE HOT WATER TANK WAS TO BE PLACED. THE VICTIM ALSO NOTICED COPPER FIXTURES HAD BEEN TAKEN AS WELL. RESPONDING DEPUTIES LOCATED A SET OF WHEELBARROW TRACKS AND TRACED THEM ACROSS ROOKS AVENUE, DOWN A DIRT ROAD, ACROSS FOREST DRIVE AND ON TO EAST PROSPECT TERRACE. THE AIR CONDITIONING UNIT AND THE WHEELBARROW WERE LOCATED AT AN ABANDONED RESIDENCE AT 3823 EAST GULF TO LAKE HIGHWAY AND SOUTH PROSPECT TERRACE. THIS DETECTIVE ARRIVED ON SCENE AND WAS ABLE TO LOCATE THE OWNER OF THE ABANDONED RESIDENCE AND A PERMISSION TO SEARCH FORM WAS COMPLETED. DURING THE INVESTIGATION OF A NEIGHBORHOOD CANVAS, CONTACT WAS MADE WITH THE WITNESS, MS STEPHANIE CLAYBORN, WHO RESIDES ACROSS FROM THE ABANDONED MOBILE HOME. WITNESS CLAYBORN GAVE A SWORN WRITTEN STATEMENT THAT ON 012711 THE DEFENDANT, MR BRYAN ZOCK, AND A CO-DEFENDANT, MR SHAWN SMITH, HAD ARRIVED AT HER RESIDENCE AND LEFT APPROXIMATELY ONE HOUR LATER. ON 020111, THIS DETECTIVE MADE CONTACT WITH WITNESS CLAYBORN WHO STATED ON THE NIGHT DEFENDANT ZOCK CAME TO HER RESIDENCE SHE LATER NOTICED THAT HER "ED HARDY" LIGHTER WAS MISSING. I THEN SHOWED HER A PICTURE OF THE LIGHTER RECOVERED FROM THE SCENE. WITNESS CLAYBORN POSITIVELY IDENTIFIED THE LIGHTER AS HER PROPERTY. WITNESS CLAYBORN FURTHER STATED SHE HAD RECEIVED A TELEPHONE CALL FROM THE WITNESS, MS CRYSTAL DIX, WHO INFORMED WITNESS CLAYBORN THAT DEFENDANT ZOCK ADMITTED TO HER THAT HE HAD COMMITTED THE BURGLARY. LATER ON 020111, THIS DETECTIVE MADE CONTACT WITH WITNESS DIX WHO PROVIDED A SWORN WRITTEN STATEMENT STATING SHE HAD PICKED UP DEFENDANT ZOCK AND GAVE HIM A RIDE. DURING THEIR CONVERSATION DEFENDANT ZOCK STATED HE AND CO-DEFENDANT SMITH WERE HIGH ON XANAX AND TOOK A BIG ITEM FROM A RESIDENCE AND HID IT AT ANOTHER RESIDENCE. DEFENDANT ZOCK FURTHER ADMITTED HE AND CO-DEFENDANT SMITH WERE SLOPPY AND DROPPED THINGS AT THE SCENE. A "BOLO" WAS ISSUED TO PATROL TO LOCATE THE DEFENDANT AND THE CO-DEFENDANT. ON 021111, THIS DETECTIVE MADE CONTACT WITH CO-DEFENDANT SMITH AT THE FAMILY RESOURCE CENTER IN HERNANDO WHERE HE WAS TAKEN INTO CUSTODY. CO-DEFENDANT SMITH WAS THEN HANDCUFFED (DOUBLE LOCKED) IN BACK, SECURED IN THE BACK SEAT OF DEPUTY DIXON'S PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY CONTACT WAS MADE WITH DEFENDANT ZOCK WHO AGREED TO GIVE A STATEMENT. DEFENDANT ZOCK WAS READ MIRANDA PER TEXT AND WAIVED HIS RIGHTS. DEFENDANT ZOCK GAVE A SWORN DIGITALLY RECORDED STATEMENT THAT HE AND CO-DEFENDANT SMITH DID GO TO WITNESS CLAYBORN'S RESIDENCE ON 012811. AFTER VISITING WITNESS CLAYBORN, ON THEIR WAY HOME, DEFENDANT ZOCK AND CO-DEFENDANT SMITH DECIDED TO STEAL THE AIR CONDITIONING UNIT AND FIXTURES TO TRY AND SCRAP AT A LATER DATE. DEFENDANT ZOCK STATED THEY REMOVED THE WHEELBARROW FROM INSIDE THE RESIDENCE AND ALSO AIR VENTS AND PLACED THEM ALONG WITH THE AIR CONDITIONING UNIT INTO THE WHEELBARROW. THEY THEN PUSHED THE WHEELBARROW BACK TO SOUTH PROSPECT TERRACE AND HID THE AIR CONDITIONING UNIT IN THE SHED OF THE ABANDONED PROPERTY. DEFENDANT ZOCK FURTHER ADMITTED THE BAKERY ITEM RECOVERED AT THE SCENE BELONGED TO HIM. IT SHOULD BE NOTED DEFENDANT ZOCK ADVISED HE HAD IN FACT PREVIOUSLY ATTEMPTED TO TURN HIMSELF IN AND WAS VERY COOPERATIVE. DEFENDANT ZOCK WAS SUBSEQUENTLY CHARGED WITH ONE COUNT OF BURGLARY WITH A BOND OF $15,000.00 AND ONE COUNT OF GRAND THEFT WITH A BOND OF $2,000.00. THE DEFENDANT'S BOND WAS SET AT $17,000.00 ACCORDING TO THE BOND SCHEDULE. "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* |