| Probable cause affidavit: |
SUBMITTED BY: ALEXANDER, DAWN 0561 (AR09110247) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: APARTMENT 645 NORTHWEST 10TH STREET IN CRYSTAL RIVER, IN THE COUNTY OF CITRUS AND STATE OF FLORIDA, THE PROPERTY OF THE OWNER, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: BURGLARY(D), IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(3)(B), AND DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: TABLE AND CHAIRS ($450.00) AND AN ENTERTAINMENT CENTER ($350.00), 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; AND DID VIOLATE HIS PROBATION IN BROWARD COUNTY CASE NUMBER 0808829 AND PASCO COUNTY CASE NUMBER 0901235, IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 948.06. ON 073009, I RESPONDED TO THE AREA OF 645 NORTHEAST 10TH STREET, APARTMENT TWO, IN CRYSTAL RIVER, IN REFERENCE TO A BURGLARY THAT HAD ALREADY OCCURRED. UPON MY ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, WHO ADVISED SHE RECEIVED A PHONE MESSAGE FROM MR CHRISTOPHER MARINO (DEFENDANT), WHO IS THE CRYSTAL PALMS APARTMENT MANAGER. MR MARINO ADVISED HER SHE NEEDED TO HAVE ALL HER STUFF OUT OF THE RESIDENCE BY NOON TODAY AND IF SHE DID NOT HE WOULD BE THROWING IT AWAY. I ASKED THE COMPLAINANT IF SHE HAD BEEN LEGALLY EVICTED AND SHE ADVISED SHE HAD NOT BEEN EVICTED ALTHOUGH SHE WAS BEHIND ON HER RENT DUE TO LOSING HER JOB. THE COMPLAINANT ADVISED ME THAT HER AND HER BOYFRIEND ARRIVED AT HER APARTMENT AND WHEN THEY ARRIVED THE FRONT DOOR WAS UNLOCKED. SHE ADVISED THAT HER AND HER BOYFRIEND HAD LOCKED THE DOOR TWO DAYS AGO WHEN THEY LEFT. SHE ADVISED WHEN SHE WALKED IN THE DOOR HAVING BEEN UNLOCKED SHE NOTICED HER TABLE AND CHAIRS VALUED AT $450.00 WERE MISSING. ALSO AN ENTERTAINMENT CENTER THAT WAS VALUED AT $350.00 WAS MISSING. THE COMPLAINANT ADVISED SHE DOES HAVE A RECEIPT FOR SAID PROPERTY BECAUSE SHE WAS STILL PAYING ON IT. THE COMPLAINANT ADVISED ME SHE WENT DOWN TO THE OFFICE FOR THE APARTMENT COMPLEX WITH HER BOYFRIEND AND MADE CONTACT WITH MR MARINO. AFTER SPEAKING WITH HIM MR MARINO DID GIVE BACK THE FOUR CHAIRS THAT WERE TAKEN OUT OF HER APARTMENT. I ATTEMPTED TO CONTACT MR MARINO BY TELEPHONE AND LEFT HIM A MESSAGE TO CALL ME BACK IN REFERENCE TO THIS CASE. THE COMPLAINANT ADVISED ME THAT SHE WOULD WAIT TO DO A CRIMINAL REPORT UNTIL I WAS ABLE TO SPEAK WITH MR MARINO. I LEFT THE APARTMENT COMPLEX AND APPROXIMATELY TEN MINUTES LATER I RECEIVED A CALL FROM MR MARINO ADVISING HE WAS RETURNING MY PHONE CALL. I TRIED TO CALL THE PHONE NUMBER HE LEFT ME SEVERAL TIMES, BUT IT WENT TO VOICEMAIL. I WAS THEN ADVISED BY DISPATCH THAT WE RECEIVED ANOTHER CALL OUT AT 645 NORTHEAST 10TH STREET AND THIS TIME IT WAS IN REFERENCE TO A TRESPASS IN PROGRESS. I WAS ADVISED MR MARINO WAS THE COMPLAINANT ON THAT CALL. I RESPONDED BACK OUT TO 10TH STREET AND MADE CONTACT WITH MR MARINO. HE ADVISED ME THAT THE COMPLAINANT'S BOYFRIEND WAS NOT ALLOWED ON THE PROPERTY. I ADVISED THAT THE COMPLAINANT COULD INVITE PEOPLE TO HER RESIDENCE IF SHE WOULD LIKE. I THEN ASKED HIM WHY HE HAD ENTERED THE COMPLAINANT'S RESIDENCE. MR MARINO STATED THAT HE WENT INTO THE RESIDENCE AND TOOK THE CHAIRS BECAUSE THE COMPLAINANT HAD BOUNCED A CHECK AND HE WANTED TO TALK TO HER BEFORE SHE REMOVED THE REST OF HER STUFF. I ASKED MR MARINO IF HE HAD LEGALLY EVICTED THE COMPLAINANT AND HE ADVISED NO HE HAD NOT AND THAT THEY WERE GOING TO START THE PROCESS. I ADVISED MR MARINO THAT HE COULD NOT GO INTO THE COMPLAINANT'S RESIDENCE OR TAKE HER PROPERTY AND HE STATED THAT SHE HAD DRUGS ON HER REFRIGERATOR AND WAS STEALING POWER LAST WEEK. HE ADVISED HE LOCATED WHAT HE BELIEVED TO BE METHAMPHETAMINES. I ASKED HIM IF HE HAD CALLED LAW ENFORCEMENT AND REPORTED THE NARCOTICS OR THE COMPLAINANT STEALING ELECTRIC AND HE SAID HE HAD NOT. MR MARINO DID ADVISE ME HE CALLED THE COMPLAINANT AND TOLD HER IF SHE DID NOT HAVE HER STUFF OUT THAT HE WOULD THROW EVERYTHING AWAY BY NOON TODAY. I ADVISED MR MARINO THAT HE COULD NOT DO THAT AND HE STATED SHE DID NOT PAY RENT AND HER CHECK HAD BOUNCED AND SHE NEEDED TO GET OUT. I RAN MR MARINO'S DRIVER'S LICENSE TO OBTAIN HIS INFORMATION AND WAS ADVISED THAT MR MARINO IS ON FELONY PROBATION FOR GRAND THEFT. MR MARINO ADVISED ME THAT HE WOULD PAY THE COMPLAINANT $400.00 FOR THE TABLE AND THAT WAY THE WHOLE THING WOULD BE "A WASH." I SPOKE WITH THE COMPLAINANT AND ADVISED HER THAT HE WANTED TO PAY FOR THE TABLE. I ALSO ADVISED HER THAT HE DID NOT HAVE ANY MONEY ON HIM AND SHE ADVISED SHE DID WANT TO PROSECUTE HIM FOR BREAKING INTO HER RESIDENCE AND TAKING HER ITEMS. IT SHOULD BE NOTED, WHEN I ARRIVED THE FIRST TIME THE COMPLAINANT AND HER BOYFRIEND WERE MOVING SEVERAL ITEMS OUT OF THE APARTMENT. I OBSERVED A COUCH AND A DRESSER FULL OF CLOTHES AND OTHER SMALL MISCELLANEOUS ITEMS. I ALSO OBSERVED THE CHAIRS THAT THEY HAD OBTAINED FROM MR MARINO AT HIS OFFICE. MR MARINO ADVISED THAT HE WOULD JUST PAY THE $400.00 BACK AND I ADVISED HIM THE COMPLAINANT DID WANT TO PROSECUTE. I ASKED MR MARINO FOR HIS PROBATION OFFICER'S NAME AND NUMBER. I WAS ADVISED THAT IT WAS J DUNAYER AND I RETRIEVED A PHONE NUMBER FROM HIS PROBATION CARD. I MADE CONTACT WITH MR MICHAEL ADAMS WHO IS A SUPERVISOR IN PASCO COUNTY AND ADVISED HIM OF THE SITUATION AND THAT I WOULD BE PLACING MR MARINO UNDER ARREST. HE ADVISED IF I DID ARREST HIM IT WOULD VIOLATE HIS PROBATION . MR MARINO WAS PLACED UNDER ARREST FOR BURGLARY AND GRAND THEFT. I AGAIN MADE CONTACT WITH MR MICHAEL ADAMS, WHO ADVISED TWO VIOLATIONS OF PROBATION IN BROWARD COUNTY CASE NUMBER 0808829 AND PASCO COUNTY NUMBER 0901235. I ADVISED MR MARINO HE WAS BEING ARRESTED FOR VIOLATION OF PROBATION ALSO. MR MARINO ADVISED THAT HE KNEW THE COMPLAINANT STILL HAD THEIR STUFF IN THE APARTMENT AND THAT HE WAS EVEN GOING TO HELP HER MOVE HER COUCH BY USING HIS TRUCK JUST SO THEY COULD EMPTY THEIR APARTMENT. HE REPEATEDLY STATED THAT HE ONLY TOOK THE CHAIRS SO THAT HE COULD MAKE SURE THAT SHE CAME DOWN AND TALKED TO HIM BECAUSE HE FELT BAD FOR HER AND HE WAS TRYING TO WORK OUT A DEAL FOR HER BACK RENT BECAUSE SHE WAS GETTING A SOCIAL SECURITY CHECK THIS WEEK. HE STATED HE WAS TRYING TO GIVE THE COMPLAINANT A BREAK BECAUSE HE KNEW SHE WAS OUT OF WORK. HE STATED HE DID GET A CHECK FROM THE COMPLAINANT FRIDAY. HE STATED THE CHECK HAD BOUNCED WHICH HE VERIFIED WITH HIS HOME OFFICE AS THIS DEPUTY WAS STANDING THERE. HE STATED HE FELT BAD FOR THE COMPLAINANT BECAUSE SHE HAD CUT HER ANKLE AND WAS OUT OF WORK AND WAS TRYING TO WORK WITH HER AND THAT WAS WHY HE WANTED TO WORK WITH HER AND TOOK THE CHAIRS. HE STATED THAT HE AGAIN HE WAS GOING TO HELP HER MOVE HER STUFF BECAUSE THE TWO CARS THEY BROUGHT TO APARTMENT TODAY COULD NOT TRANSPORT THE COUCH. MR MARINO WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING. HE WAS PLACED ON NO BOND FOR TWO COUNTS VIOLATION OF PROBATION. IT SHOULD BE NOTED THAT I ALSO SPOKE WITH ANOTHER MANAGER OF CALVO MANAGEMENT COMPANY WHO ADVISED THAT THEY DID NOT KNOW WHY MR MARINO HAD GONE INTO THE APARTMENT. I ADVISED THEM OF THE SITUATION AND HE ADVISED THAT WAS NOT THE STORY MR MARINO HAD GIVEN THEM AND THEY WOULD BE TALKING TO MR MARINO, WHICH THEY DID. NO FURTHER INFORMATION AT THIS TIME. *NOT-EXEMPT* |
