| Probable cause affidavit: |
SUBMITTED BY: MCINTYRE, JIM 0128 (AR09111842) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: RESIDENCE LOCATED AT 18 EAST MURRAY STREET IN BEVERLY HILLS, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(A); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: AMPLIFIERS, SPEAKERS, MICROPHONES AND JEWELRY, OF THE VALUE OF MORE THAN THREE HUNDRED DOLLARS ($300.00), BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), 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 091009, I RECEIVED INFORMATION FROM AN ANONYMOUS SOURCE BY TELEPHONE. THE SOURCE ADVISED that A BURGLARY HAD occurred TO A RESIDENCE AT 18 EAST MURRAY STREET, BEVERLY HILLS, FLORIDA APPROXIMATELY ONE MONTH AGO. THE SOURCE ADVISED THEY DID NOT KNOW IF THE INCIDENT HAD BEEN REPORTED, BUT THE OWNERS WERE "SNOWBIRDS," AND HAVE BEEN OUT OF STATE FOR MONTHS. THE SOURCE ADVISED THAT THE DEFENDANT WAS RESPONSIBLE FOR THE BURGLARY AND THAT THE DEFENDANT CUT HIS ARM WHILE ENTERING THROUGH A BROKEN WINDOW DURING THE INCIDENT. THE SOURCE FURTHER STATED that AMPLIFIERS, SPEAKERS, MICROPHONES AND JEWELRY WERE REMOVED FROM THE RESIDENCE DURING THE INCIDENT. THE SOURCE ADVISED THAT THEY HAD IN THEIR POSSESSION A STOLEN PIECE OF JEWELRY FROM THE BURGLARY THAT HAD BEEN LEFT BEHIND BY THE DEFENDANT. A SILVER CHAIN WITH A REPLICA CAR RIM AND SUPERMAN EMBLEM WAS COLLECTED AND TURNED INTO EVIDENCE. THE SOURCE WAS GIVEN MY NAME AND TELEPHONE NUMBER AND AGREED TO CALL ME IF THEY HEARD FURTHER INFORMATION. A PS.NET SEARCH OF THE ADDRESS FOUND A BURGLARY WAS REPORTED IN LATE JULY AND THE UNKNOWN PERSON(S) BROKE INTO A REAR WINDOW TO GAIN ENTRY. DUE TO THE VICTIMS BEING OUT OF STATE, IT WAS UNDETERMINED AT THAT TIME IF ANYTHING WAS MISSING. I RESPONDED TO 18 EAST MURRAY STREET, BEVERLY HILLS, FLORIDA, WHERE I LOCATED A BROKEN REAR WINDOW COVERED IN PLASTIC. I MADE CONTACT WITH THE COMPLAINANT IN THE CASE WHO RESIDES ACROSS THE STREET FROM THE SCENE. THE COMPLAINANT, ALSO THE KEYHOLDER, AGREED TO LET ME IN SO THAT I COULD CHECK THE INTERIOR OF THE SCENE FOR BLOOD. A DRIED SUBSTANCE, BELIEVED TO BE BLOOD, WAS LOCATED INSIDE THE RESIDENCE ON THE WASHING MACHINE LOCATED NEAR THE BROKEN WINDOW (POINT OF ENTRY). DETECTIVE BRIAN SPIDDLE RESPONDED TO THE SCENE TO PHOTOGRAPH AND COLLECT THE SUBSTANCE BELIEVED TO BE BLOOD. AT MY REQUEST, THE SUBSTANCE WAS SENT OFF TO FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) FOR ANALYSIS. DETECTIVE BRAD SMITH WAS ABLE TO MAKE CONTACT WITH THE VICTIM, WHO WAS OUT OF STATE, CONFIRMING THE PROPERTY REMOVED FROM THE RESIDENCE DURING THE INCIDENT. WHEN ASKED ABOUT JEWELRY, the VICTIM IDENTIFIED THE SILVER CHAIN WITH THE REPLICA CAR RIM AND SUPERMAN EMBLEM AS COSMETIC JEWELRY THAT WAS LOCATED IN THEIR FAMILY ROOM PRIOR TO THE INCIDENT. ON 091709, I WAS CONTACTED AND INFORMED THAT THE DEFENDANT WAS ARRESTED ON UNRELATED CHARGES AND WAS AT THE CITRUS COUNTY DETENTION FACILITY. LATER THAT SAME DATE, THE DEFENDANT WAS BROUGHT TO THE INTERVIEW ROOM WITHIN THE DETENTION FACILITY, WHERE HE WAS READ MIRANDA WARNING VIA PREPRINTED CARD. THE DEFENDANT AGREED TO SPEAK WITH ME IN REFERENCE TO THE CUTS LOCATED ON HIS ARMS. WHEN ASKED OF HIS INVOLVEMENT IN THE CASE, THE DEFENDANT DENIED ANY INVOLVEMENT AND INVOKED HIS RIGHTS, REQUESTING AN ATTORNEY. THE INTERVIEW WAS BROUGHT TO A CONCLUSION AND THE DEFENDANT WAS RETURNED TO THE DETENTION FACILITY. ON 110609 I RECEIVED A COPY OF THE FDLE COMPARISON REQUEST FORM INDICATING THAT THE SUBSTANCE SENT TO THEM FOR COMPARISON GAVE CHEMICAL INDICATION FOR THE PRESENCE OF BLOOD. FDLE ALSO REQUESTED THAT A BUCCAL SWAB BE OBTAINED FROM the DEFENDANT AND SUBMITTED FOR DNA ANALYSIS. ON 110909, CONTACT WAS MADE WITH THE SOURCE WHO AGREED TO BECOME A WITNESS IN THIS CASE AND TESTIFY, IF NEEDED, AGAINST THE DEFENDANT. THE WITNESS ALSO ADVISED THAT THE STOLEN PROPERTY IN THIS CASE WAS STORED AT THE DEFENDANT'S RESIDENCE, BUT WAS PAWNED BY A CLOSE FRIEND OF THE DEFENDANT. THE WITNESS ADVISED THAT THE NIGHT THE DEFENDANT BROUGHT THE STOLEN ARTICLES TO HIS RESIDENCE, HE SHOWED THE WITNESS THE CUT ON HIS FOREARM THAT WAS STILL BLEEDING THAT WAS CAUSED BY THE BROKEN GLASS DURING THE ENTRY TO THE BURGLARY. THE WITNESS ALSO ADVISED THE DEFENDANT POINTED THE RESIDENCE OUT TO THEM AND BRAGGED, GIVING A STEP BY STEP DESCRIPTION OF HOW HE BROKE INTO THE RESIDENCE. ON 111009, I RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY AND COMPLETED AN IN-CUSTODY ARREST OF THE DEFENDANT. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF BURGLARY AND ONE COUNT OF GRAND THEFT, WITH A TOTAL BOND SET AT $7,000.00 PER THE BOND SCHEDULE. THE DEFENDANT WAS NOT INTERVIEWED DUE TO THE FACT THAT DURING THE LAST ATTEMPT HE INVOKED HIS RIGHTS. *NOT-EXEMPT* |
