| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, CHRISTOPHER 0696 (AR11121146) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of THE VICTIM, MR JOSHUA WOODS, to-wit: 1995 BEIGE FOUR DOOR CADILLAC BEARING FLORIDA TAG ANLJ71, by exercising control over said property 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 property to HIS own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c). ON 060811, I WAS DISPATCHED TO 32 SOUTH LINCOLN AVENUE, IN AN ATTEMPT TO MAKE CONTACT WITH THE VEHICLE OWNER REFERENCE A VEHICLE ACCIDENT THAT HAD HAPPENED ON THE WEST SIDE OF THE COUNTY. I MADE CONTACT WITH THE VEHICLE OWNER/VICTIM, MR JOSHUA WOODS, WHO WAS SLEEPING AT THE TIME. I ASKED HIM IF HE KNEW WHERE HIS VEHICLE WAS OR IF HE LENT HIS VEHICLE OUT TO ANYBODY. HE STATED NO AND THAT HIS VEHICLE SHOULD BE IN HIS DRIVEWAY. I THEN INFORMED HIM THAT HIS VEHICLE WAS INVOLVED IN AN ACCIDENT AND ASKED HIM IF THERE WAS ANYONE ELSE AT THE RESIDENCE THAT WAS NO LONGER PRESENT THAT WAS THERE PRIOR TO MY ARRIVAL, TO WHICH HE STATED YES A PERSON BY THE NAME OF DILLON BERTINE, WHO WAS LATER IDENTIFIED AS CHARLES DILLON BERTINE (DEFENDANT). AT THAT TIME, THE VICTIM WOKE UP HIS FRIEND, MR CHRISTOPHER DAGOSTINO (WITNESS), WHO WAS ALSO PRESENT WHEN HE, MR BERTINE, AND MR DAGOSTINO WENT TO BED AT APPROXIMATELY 0230 HOURS. HE STATED THAT MR BERTINE WANTED TO LEAVE, BUT HE TOLD HIM TO lie DOWN AND GO TO SLEEP DUE TO THE FACT THAT HE HAD BEEN DRINKING. HE THEN WOKE UP TO THIS DEPUTY KNOCKING ON HIS DOOR LOOKING FOR THE VEHICLE OWNER. HE STATED HE, MR BERTINE, AND MR DAGOSTINO WERE THE ONLY ONES PRESENT AT THE RESIDENCE AT APPROXIMATELY 0230 HOURS, AND HE DID NOT GIVE MR BERTINE OR ANYONE ELSE PERMISSION TO TAKE THE VEHICLE. HE STATED THE KEYS WERE ON THE COUNTER IN THE KITCHEN PRIOR TO HIM GOING TO BED. HE FILLED out A WRITTEN STATEMENT STATING THAT HE DID HEAR HIS HOUSE DOOR CLOSE SHORTLY AFTER HE WENT TO BED, BUT DID NOT THINK ANYTHING OF IT. I THEN ASKED FOR A DESCRIPTION OF WHAT THE DEFENDANT WAS WEARING AND HE STATED A PAIR OF SHORTS AND NO SHIRT. I THEN MADE CONTACT WITH DEPUTY LUDLOW, WHO WAS THE FIRST OFFICER ON THE ACCIDENT SCENE AND GAVE HIM A DESCRIPTION OF THE DEFENDANT THAT WAS LAST SEEN AT THE RESIDENCE. DEPUTY LUDLOW STATED THAT HE HAD WITNESSED THE DEFENDANT STANDING NEAR THE VEHICLE AND WITNESSED HIM FLEEING UPON LAW ENFORCEMENTS ARRIVAL AT THE INCIDENT AND HE MATCHED THE DESCRIPTION OF THE DEFENDANT. HE ALSO STATED HE DID NOT WITNESS ANY OTHER PERSONS FLEEING FROM THE VEHICLE OR FROM THE AREA. THE DEFENDANT WAS LATER APPREHENDED AFTER A K-9 SEARCH AND GROUND SEARCH BY DEPUTIES. SEE HIS SUPPLEMENT. DEPUTY LUDLOW MADE CONTACT WITH THE DEFENDANT AND HAD HIM TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY LOVULLO, REFERENCE THIS CASE. THE VICTIM WAS PROVIDED with a CASE CARD AND HE WAS INFORMED THAT DAVE'S TOWING TOWED HIS VEHICLE DUE TO THE DAMAGE THE VEHICLE WAS NOT OPERABLE. UPON ARRIVAL AT THE DETENTION FACILITY, I MADE CONTACT WITH THE DEFENDANT, READ HIM HIS MIRANDA RIGHTS FROM AN AGENCY CASE CARD. I ASKED HIM IF HE WISHED TO SPEAK WITH ME AND IF HE UNDERSTOOD HIS WRIGHTS. THE DEFENDANT STATED YES HE UNDERSTOOD HIS RIGHTS AND HE WISHED TO SPEAK WITH ME. HE ADVISED THAT HE LEFT IN THE VEHICLE WITH SOME OTHER POSSIBLE SUSPECTS, BUT DID NOT KNOW THEIR NAMES. THE DEFENDANT ALSO STATED THAT THE OTHER SUSPECTS FLED THE VEHICLE AFTER HE HAD FLED THE VEHICLE. THIS STATEMENTS CONTRADICTS what DEPUTY LUDLOW STATED THAT HE WITNESSED UPON ARRIVING AT THE ACCIDENT. THESE STATEMENTS WERE MADE POST MIRANDA AND THE DEFENDANT DID APPEAR INTOXICATED. AT THAT TIME, THE DEFENDANT WAS CHARGED WITH ONE COUNT OF GRAND THEFT AUTO AND HIS BOND WAS SET AT $2,000.00 PER 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* |
