| Probable cause affidavit: |
SUBMITTED BY: CANFIELD, LAIRD 0544 (AR13-6699) THE DEFENDANT DID MAINTAIN OR POSSESS ANY CONVEYANCE OR VEHICLE, WHICH WAS EQUIPPED WITH FUEL TANKS, BLADDERS, DRUMS, OR OTHER CONTAINERS, WHICH DID NOT CONFORM TO 49 C.F.R, OR HAD NOT BEEN APPROVED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF HAILING, TRANSPORTING, OR CONVEYING MOTOR OR DIESEL FUEL, OVER ANY PUBLIC HIGHWAY, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 316.80(1); DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF MURPHY GAS, TO WIT: 58 GALLONS OF DIESEL FUEL CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(A); DID, WITHOUT BEING DULY AUTHORIZED BY THE SHERIFF OR BY THE OFFICER IN CHARGE, UNLAWFULLY INTRODUCE INTO OR POSSESS UPON THE GROUNDS OF A COUNTY DETENTION FACILITY, TO-WIT: THE CITRUS COUNTY DETENTION FACILITY, AN ARTICLE DECLARED TO BE CONTRABAND, TO-WIT: APPROXIMATELY 2.2 GRAMS OF CANNABIS, WHILE SAID DEFENDANT, MR NELSON BOND WAS AN INMATE OF SAID FACILITY IN VIOLATION OF FLORIDA STATUTE 951.22; DID POSSESS A CONTROLLED SUBSTANCE, TO WIT: CANNABIS, COMMONLY REFERRED TO AS MARIJUANA, IN AN AMOUNT OF 20 GRAMS OR LESS, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(B). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF MURPHY GAS, TO-WIT: A FUEL PUMP DISPENSARY SYSTEM, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)1. DID UNLAWFULLY DISGUISE HIMSELF WITH INTENT TO OBSTRUCT THE DUE EXECUTION OF THE LAW, OR WITH THE INTENT TO INTIMIDATE, HINDER, OR INTERRUPT ANY OFFICER, BEVERAGE ENFORCEMENT THE VICTIM WAS PROVIDED WITH AN AGENCY CASE CARD, BEARING MY NAME, IDENTIFICATION NUMBER AND THIS CASE NUMBER, AND WAS ADVISED TO CONTACT THIS AGENCY WITH ANY FURTHER QUESTIONS OR INFORMATION., OR OTHER PERSON IN THE LEGAL PERFORMANCE OF HIS DUTY OR THE EXERCISE OF HIS OR HER RIGHTS, UNDER THE CONSTITUTION OR LAWS OF THIS STATE, WHETHER SUCH INTENT IS EFFECTED OR NOT, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 843.03; ON 073113, AT APPROXIMATELY 2204 HOURS, I RESPONDED TO THE MURPHY GAS STATION, WHICH IS LOCATED AT 2419 EAST GULF TO LAKE HIGHWAY, INVERNESS, IN REFERENCE TO A SUSPICIOUS INCIDENT. PRIOR TO MY ARRIVAL, DEPUTY VENTIMIGILIA ARRIVED, AND MADE CONTACT WITH TWO SUBJECTS ON SCENE, LATER IDENTIFIED AS THE DEFENDANTS, MR NELSON PENDER BOND, AND MR JOHN FRANKLIN WASHINGTON. UPON MY ARRIVAL, AT 0012 HOURS, I MADE CONTACT WITH DEPUTY VENTIMIGLIA, WHO WAS NEAR PUMP NUMBER 11, WITH THE TWO DEFENDANTS, WHO WERE ALSO STANDING NEAR THE PUMP. DEPUTY VENTIMIGLIA ADVISED THIS DEPUTY THAT THE TWO DEFENDANTS WERE POSSIBLY INVOLVED IN SOME SORT OF FUEL THEFT. AT THIS TIME, DEPUTY VENTIMIGLIA ADVISED ME THAT SHE HAD IDENTIFIED THE DEFENDANT MR BOND THROUGH A FLORIDA DRIVER'S LICENSE, WHICH HE HAD PROVIDED, AND DEFENDANT MR WASHINGTON WAS IDENTIFIED THROUGH A D.A.V.I.D. PHOTOGRAPH. I OBSERVED THAT AROUND THE AREA NEAR PUMP 11, THERE APPEARED TO BE A FRESH DIESEL FUEL SPILL ON THE CONCRETE. I THEN MADE CONTACT WITH THE COMPLAINANT, MR GEORGE LOZITO. HE ADVISED THAT HE BELIEVED HE RECOGNIZED DEFENDANT MR BOND FROM INFORMATION WHICH MURPHY FUEL HAD PROVIDED HIM, IN REGARDS TO RECENT FUEL THEFTS. I THEN APPROACHED THE VAN, WHICH WAS A WHITE IN COLOR, 2013 FORD VAN, BEARING FLORIDA LICENSE PLATE NUMBER 311YTX, AT PUMP 11, FROM THE REAR. I OBSERVED THROUGH THE REAR UN-TINTED WINDOWS, THERE WAS A LARGE, WHITE CONTAINER, WHICH RESEMBLED THOSE WHICH I HAVE SEEN OFFERED FOR SALE AT TRACTOR SUPPLY. THESE CONTAINERS ARE NORMALLY UTILIZED TO HOLD WATER FOR LIVESTOCK AND OTHER ANIMALS. AS I APPROACHED THE PASSENGERâS SIDE OF THE VAN, I OBSERVED A GLOVE WHICH WAS ON THE PAVEMENT, NEAR THE PASSENGERâS SIDE FRONT DOOR. I DETECTED THAT THERE WAS A STRONG ODOR OF DIESEL FUEL WHICH WAS EMANATING FROM THE OPEN, PASSENGERâS SIDE WINDOW OF THE VAN. I SHINED MY FLASHLIGHT IN TO THE VAN, AND OBSERVED THAT THERE WAS A SEMITRANSPARENT CONTAINER, SURROUNDED BY VERTICAL METAL BARS. THIS CONTAINER WAS APPROXIMATELY ONE THIRD TO ONE HALF FILLED WITH A DARK LIQUID. I FURTHER OBSERVED THIS VAN, WHICH APPEARED TO BE FUELED BY GASOLINE, AND HAD NO MARKINGS ON THE EXTERIOR OF THE VAN TO INDICATE IN ANY WAY ITS CONTENTS. I ALSO DID NOT RECOGNIZE ANY OF THE CONTAINERS IN THE VAN AS THOSE APPROVED TO CARRY FUEL, NOR DID I OBSERVE ANY MARKS INDICATING THAT THE CONTAINERS WERE APPROVED FOR CARRYING FUEL. AT THIS POINT, I BELIEVED THAT DEFENDANT MR BOND AND DEFENDANT MR WASHINGTON WERE IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 316.80(1), WHICH IS UNLAWFUL CONVEYANCE OF FUEL. I THEN MADE CONTACT WITH THE DEPARTMENT OF TRANSPORTATION (DOT) TROOPER SCOTT, OF TAMPA, FLORIDA. TROOPER SCOTT ADVISED THAT THIS WAS IN FACT THE CORRECT STATUTE, AND THAT THERE WERE OTHER POSSIBLE VIOLATIONS. HE STATED THAT A LOCAL DOT TROOPER WOULD BE RESPONDING ON 080113, TO ASSIST AND INSPECT THE VAN. I AGAIN MADE CONTACT WITH THE COMPLAINANT, MR LOZITO. HE ALLOWED THIS DEPUTY TO VIEW THE VIDEO SURVEILLANCE OF THE INCIDENT. THIS FOOTAGE SHOWS THE WHITE VAN, ARRIVING AT PUMP NUMBER 11, AT 2143 HOURS ON 073113. THE VAN THEN BEGINS TO LEAVE PUMP NUMBER 11 AT 2203 HOURS ON 073113, JUST AS DEPUTY VENTIMIGLIA WAS ARRIVING ON SCENE AND PULLING IN BEHIND SAID VAN. THIS FOOTAGE ALSO SHOWS THE VAN TO BE PARKED WITH THE FUEL DOOR SIDE PLACED FURTHEST FROM THE FUEL PUMP. MR LOZITO ADVISED THAT A SYSTEM AUDIT FOR THE TIME FRAME INDICATED THAT THERE WERE 58 GALLONS OF DIESEL FUEL WHICH WAS UNACCOUNTED FOR. MR LOZITO PROVIDED THIS DEPUTY WITH A RECEIPT, AND OTHER DOCUMENTATION WHICH SUPPORTED THIS. THE DOCUMENTATION SHOWED A PURCHASE OF .019 GALLONS OF DIESEL FUEL, AT A TOTAL COAST OF $0.41. THE RECEIPT INDICATED THAT THE TIME OF THE TRANSACTION WAS 2153 HOURS, ON 073113. SERGEANT FISCHER THEN HANDED ME HIS AGENCY CELLULAR TELEPHONE, WHERE I SPOKE WITH MURPHY FUELS INVESTIGATOR MR BRUMBY. UPON COMPLETION OF THE TELEPHONE CALL, MR BRUMBY SENT THIS DEPUTY AN EMAIL, WHICH CONTAINED INFORMATION REGARDING OTHER CASES OF FUEL THEFT WHICH HAD OCCURRED AT VARIOUS MURPHY GAS STATIONS. AMONG THIS INFORMATION PROVIDED WERE SEVERAL PHOTOGRAPHS, WHICH APPEARED TO MATCH THE APPEARANCE OF DEFENDANT MR BOND, INCLUDING THE CLOTHING AND HAT WHICH HE WAS CURRENTLY WEARING. LIEUTENANT VICK, WHO HAD SINCE ARRIVED ON SCENE, ASKED DEFENDANT MR BOND WHERE HE WAS HEADED, TO WHICH DEFENDANT MR BOND STATED THAT HE WAS TRAVELING FROM MARION COUNTY, FLORIDA TO POLK COUNTY FLORIDA, NAMELY HAYES CITY. WHEN ASKED WHY HE WAS IN CITRUS COUNTY, DEFENDANT MR BOND ADVISED THAT HE WAS LOST, BECAUSE THE GLOBAL POSITIONING SYSTEM (GPS) ON HIS CELLULAR TELEPHONE HAD BROUGHT HIM HERE INCORRECTLY. CONTACT WAS THEN MADE WITH THE ON CALL STATE ATTORNEY'S OFFICE (SAO), IN REFERENCE TO THIS CASE. BOTH DEFENDANT MR BOND AND DEFENDANT MR WASHINGTON WERE THEN PLACED UNDER ARREST, FOR UNLAWFUL CONVEYANCE OF FUEL, AND RETAIL PETIT THEFT. BOTH DEFENDANTS WERE HANDCUFFED, AND DOUBLE LOCKED BEHIND THEIR BACKS. DEFENDANT MR BOND WAS PLACED AND SECURED IN THE REAR OF MY PATROL VEHICLE, AND DEFENDANT MR WASHINGTON WAS PLACED AND SECURED IN THE REAR OF DEPUTY VENTIMIGLIAâS PATROL VEHICLE. AT THAT TIME, AN INVENTORY SEARCH OF THE DEFENDANTSâ VAN WAS BEGUN. UPON OPENING THE SIDE CARGO DOORS, I OBSERVED A SMALL, SQUARE, SEMITRANSPARENT CONTAINER, WHICH WAS BETWEEN THE OTHER TWO CONTAINERS. THIS HAD THE TOP PARTIALLY LEFT AJAR, AND APPEARED TO BE HALF FILLED WITH A DARK LIQUID, FROM WHICH WAS EMANATING A STRONG ODOR OF DIESEL FUEL. I THEN OBSERVED A GLOVE WHICH MATCHED THE APPEARANCE OF THE ONE FOUND EARLIER ON THE CONCRETE GROUND OUTSIDE OF THE VEHICLE. I THEN OBSERVED A SMALL, RED IN COLOR, APPROVED FUEL CONTAINER, WHICH WAS IN THE REAR OF THE VAN. I ALSO OBSERVED A COOLER, WHICH WAS JUST INSIDE OF THE REAR DOORS. INSIDE OF THIS COOLER WERE TOOLS, WHICH APPEARED TO HAVE DIESEL FUEL ON THEM, AND ALSO EMANATED AN ODOR OF DIESEL FUEL. THE TOTAL ESTIMATED VOLUME OF THE DIESEL FUEL IN THE VAN WAS 300 GALLONS. A CRIME SCENE TECHNICIAN WAS REQUESTED TO RESPOND TO OUR LOCATION. DEPUTY RODRIGUEZ THEN RESPONDED TO THE SCENE TO TAKE PHOTOGRAPHS OF THE SCENE AND VEHICLE, AND ARRANGE FOR ITS REMOVAL TO OUR FLEET MAINTENANCE FACILITY. WHILE WE WERE WAITING FOR DEPUTY RODRIGUEZ TO RESPOND, DEFENDANT MR BOND BECAME HIGHLY AGITATED, AND BEGAN MAKING VARIOUS INSULTS AND RACIAL COMMENTS. AT THIS TIME, I ACTIVATED MY IN PATROL VEHICLE VIDEO CAMERA SYSTEM TO RECORD DEFENDANT MR BONDâS ACTIONS AND STATEMENTS. CONTACT WAS THEN MADE WITH THE ON CALL PROPERTY CRIMES DETECTIVE, DETECTIVE CASADA, WHO LATER RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY. THE TWO DEFENDANTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL TO THE CITRUS COUNTY DETENTION FACILITY, BOTH DEFENDANTS WERE RELEASED TO DETENTION FACILITY STAFF, FOR BOOKING AND PROCESSING. SHORTLY AFTER ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, CORRECTIONAL OFFICER BASILE PROVIDED THIS DEPUTY WITH A CLEAR PLASTIC BAGGIE, CONTAINING A GREEN LEAFY SUBSTANCE. OFFICER BASILE ADVISED THIS HAD BEEN HIDDEN IN DEFENDANT MR BONDâS RIGHT SHOE. THIS SUBSTANCE WAS LATER FIELD TESTED, UTILIZING AN AGENCY ISSUED FIELD TEST KIT, AND YIELDED A POSITIVE RESULT FOR THE PRESENCE OF CANNABIS. CORRECTIONAL OFFICER BOWERMASTER ALSO PROVIDED THIS DEPUTY WITH A COPY OF THE BOOKING PROCESS FOR DEFENDANT MR BOND, DURING WHICH TIME HE ADMITTED TO THE FACT THAT THE PLASTIC BAGGIE AND ITS CONTENTS BEING HIS. THIS FOOTAGE ON A DVD WAS LATER TURNED IN TO CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION, ALONG WITH A COMPLETED PROPERTY RECEIPT. AN A.F.I.S. CHECK OF DEFENDANT MR BOND REVEALED THAT HE WAS IN FACT MR BRIAN A RUCKER, OF WEST PALM BEACH FLORIDA. THIS CHECK ALSO REVEALED THAT MR RUCKER HAD SEVERAL ACTIVE WARRANTS OUT OF PALM BEACH COUNTY. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, I WAS INFORMED THAT PUMP NUMBER 11 OF THE MURPHY GAS STATION AT THE INCIDENT LOCATION HAD BEEN ACCESSED NEAR THE CREDIT PANEL. I WAS ADVISED THAT THIS CAUSED DAMAGE TO THE LOCKING MECHANISM, AND THAT A MECHANISM USED TO RECOGNIZE THAT FUEL WAS BEING DISPENSED HAD BEEN DAMAGED. AS A RESULT OF THIS DAMAGE, PUMP NUMBER 11 WAS ALLOWED TO DISPENSE FUEL WITHOUT THE COST BEING LOGGED OR DOCUMENTED. THE DAMAGE TO THIS FUEL PUMP WAS ESTIMATED TO BE AT APPROXIMATELY $300.00 IN REPAIRS. MR LOZITO STATED THAT THE PUMP WAS FUNCTIONING CORRECTLY, WITH NO REPORTED DAMAGE PRIOR TO THE DEFENDANTSâ ARRIVAL. DEFENDANT MR RUCKER WAS CHARGED WITH ONE COUNT OF UNLAWFUL CONVEYANCE OF FUEL, ONE COUNT OF RETAIL PETIT THEFT, ONE COUNT OF INTRODUCTION OF CONTRABAND TO A DETENTION FACILITY, ONE COUNT OF POSSESSION OF LESS THAN TWENTY GRAMS OF CANNABIS, ONE COUNT OF CRIMINAL MISCHIEF, AND ONE COUNT OF OBSTRUCTION BY DISGUISED PERSON; WITH HIS BOND SET AT A TOTAL OF . DETECTIVE CASADA INFORMED ME THAT MR RUCKER HAD ALSO USED THE ALIAS OF AND OBTAINED A FLORIDA DRIVER'S LICENSE IN THE NAME OF A MR BRYON A RUCKER. AS A RESULT, HIS BOND WAS SET AT . DEFENDANT MR WASHINGTON WAS CHARGED WITH ONE COUNT OF UNLAWFUL CONVEYANCE OF FUEL, ONE COUNT OF RETAIL PETIT THEFT, AND ONE COUNT OF CRIMINAL MISCHIEF; WITH HIS BOND SET AT A TOTAL OF , DUE TO THE FACT THAT HE RESIDES OUT OF COUNTY. |
