| Probable cause affidavit: |
SUBMITTED BY: FARKAS, STEVEN 0408 (AR10117271) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE VICTIM'S UNLOCKED SHED, 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: GRAND THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(4)(A); did unlawfully traffic in or endeavor to traffic in property that DEF knew or should have known was stolen, to-wit: A STAINLESS STEEL CRAB POT, the property of VICTIM, in violation of Florida Statute 812.019(1); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A STAINLESS STEEL CRAB POT, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, 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 092310, IT WAS REPORTED BY THE VICTIM THE BURGLARY TO HIS UNLOCKED SHED AND THE THEFT OF HIS STAINLESS STEEL CRAB POT, VALUED AT $1,200.00, WHICH OCCURRED BETWEEN 050110 AND 092310. ON 092310, THIS DETECTIVE RECEIVED A TELEPHONE CALL FROM THE WITNESS WHO IS EMPLOYED AT THE CRYSTAL RIVER METAL RECYCLING WHERE THE VICTIM WAS PRESENT AT THE PLACE OF BUSINESS INQUIRING IF ANYONE HAD RECENTLY SOLD HIM A STAINLESS STEEL CRAB POT. THE WITNESS ADVISED THE VICTIM THAT SOMEONE HAD SOLD A CRAB POT AND THE CRAB POT WAS STILL IN THE POSSESSION OF THE BUSINESS. ON 092410, DURING A TELEPHONE INTERVIEW WITH THE VICTIM IT WAS INQUIRED OF HIM HOW HE COULD IDENTIFY THIS PARTICULAR CRAB POT AS HIS. THE VICTIM ADVISED THAT THIS CRAB POT WAS CUSTOM MADE FOR HIM AND VERY UNIQUE IN DESIGN AND IS NOT A STANDARD CRAB POT THAT A PERSON IN HIS PROFESSION COULD GO INTO A STORE AND BE ABLE TO PURCHASE A CRAB POT WITH THIS UNIQUE DESIGN. IT SHOULD BE NOTED THE VICTIM IS A COMMERCIAL FISHERMAN. THE VICTIM ADVISED THE CRAB POT HAS A TOP EDGE THAT IS ROLLED WHICH IS NOT COMMON IN STANDARD CRAB POTS. IN ADDITION WHEN THE CRAB POT WAS CRAFTED, THE HANDLES HAD SHARP EDGES ON THEM SO THAT WHEN HE PICKED THE CRAB POT UP ONE WOULD HAVE CUT THEIR HANDS. THE VICTIM HAD ADDITIONAL PIECES OF METAL WELDED ON TO EACH HANDLE TO ELIMINATE THIS HAZARD. IN ADDITION, A BRASS DRAIN WAS WELDED ON TO THE BOTTOM OF THE POT SO THAT A DRAIN HOSE COULD BE ATTACHED TO IT. THE VICTIM ADDED THAT NO OTHER CRAB POT HAS THIS UNIQUE FEATURE. THE VICTIM ALSO STATED THAT THE LID TO THE CRAB POT WAS SEPARATELY MADE AND IS UNIQUE IN DESIGN AS WELL AND THAT THE EDGES ARE NOT ROLLED, BUT RATHER FLAT. THE EDGES ARE WELDED ALL THE WAY AROUND. FURTHER INVESTIGATION REVEALED THAT ON 062110, THE DEFENDANT HAD SOLD THE CRAB POT TO THE CRYSTAL RIVER METAL RECYCLING WHERE IT WEIGHED 64 POUNDS. THE DEFENDANT RECEIVED $25.60 FOR THE SALE. THE DEFENDANT DID PROVIDE HIS FLORIDA DRIVER'S LICENSE AS IDENTIFICATION AND DID PLACE HIS RIGHT THUMB PRINT ON THE LOWER RIGHT CORNER OF THE FLORIDA SECONDARY METALS RECYCLER PURCHASE TRANSACTION FORM. THE DEFENDANT DID SIGN HIS NAME INDICATING THAT HE WAS THE RIGHTFUL OWNER OF THE CRAB POT AND WAS ENTITLED TO SELL IT. IN ADDITION THE DEFENDANT IS PHOTOGRAPHED BY THE RECYCLER CONDUCTING THE TRANSACTION AND IDENTIFIED BY THE RECYCLER AS THE DEFENDANT. ON 092710, CONTACT WAS MADE WITH THE VICTIM AT THE METAL RECYCLING PLACE OF BUSINESS WHERE HE DID IDENTIFY THE CRAB POT TO THIS DETECTIVE AS HIS. ON 100710, CONTACT WAS MADE WITH THE DEFENDANT BY DEPUTY COX AT THE CITRUS COUNTY COURT HOUSE WHERE THE DEFENDANT WAS PRESENT ON UNRELATED CHARGES. THE DEFENDANT WAS THEN PLACED UNDER ARREST BY DEPUTY COX AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. DEPUTY COX ADVISED THIS DETECTIVE HE READ THE DEFENDANT MIRANDA WHILE ENROUTE TO THE CITRUS COUNTY DETENTION FACILITY. THIS DETECTIVE MADE CONTACT WITH THE DEFENDANT AT THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS ADVISED OF HIS CHARGES. THE DEFENDANT REQUESTED AN ATTORNEY AND NO FURTHER QUESTIONING REGARDING THIS CASE WAS CONDUCTED. THE DEFENDANT'S BRIEF STATEMENT WAS DIGITALLY RECORDED. THE DEFENDANT IS CURRENTLY UNEMPLOYED AND HOMELESS AS PER THE DEFENDANT. THE DEFENDANT ADVISED THIS DETECTIVE HE KNEW LAW ENFORCEMENT WAS SEEKING HIM AND HE DECIDED TO PREVENT HIMSELF FROM HAVING ANY CONTACT WITH LAW ENFORCEMENT AS A RESULT OF THIS KNOWLEDGE. THE DEFENDANT WAS RECENTLY ARRESTED BY THIS DETECTIVE ON SIMILAR CHARGES AND ON THAT OCCASION THE DEFENDANT WAS CAPTURED HIDING UNDER A BEDDING MATTRESS TO AVOID DEPUTIES. THUS THE DEFENDANT'S BOND IS SET AT DUE TO THE ABOVE MENTIONED REASONS. "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* |
