| Probable cause affidavit: |
SUBMITTED BY: BALL, CHRISTOPHER 0489 (AR12-2204) DID UNLAWFULLY, AND WITHOUT ANY PREMEDITATED DESIGN TO EFFECT DEATH, WHILE FELONIOUSLY ENGAGED IN THE PERPETRATION OF, OR ATTEMPT TO PERPETRATE A THEFT OF MEDICATION, KILL AND MURDER CHRISTOPHER JOHN STOFCHECK, A HUMAN BEING, BY RUNNING HIM OVER, IN VIOLATION OF FLORIDA STATUTE 782.04(4); AND DID UNLAWFULLY AND FELONIOUSLY SELL, MANUFACTURE OR DELIVER OR POSSESS WITH INTENT TO SELL, MANUFACTURE OR DELIVER OR CAUSE TO BE SOLD, MANUFACTURED OR DELIVERED TO ANOTHER PERSON, A CONTROLLED SUBSTANCE, TO-WIT: OXYCODONE, IN VIOLATION OF FLORIDA STATUTE 893.13(1)(A)(1), AND DID UNLAWFULLY AGREE, CONSPIRE, COMBINES, OR CONFEDERATES, WITH ANOTHER PERSON OR PERSONS TO COMMIT AN OFFENSE OF CRIMINAL CONSPIRACY, TO WIT: CONSPIRES TO MANUFACTURE METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 777.04(3), CRIMINAL CONSPIRACY. ON 073112, THIS AGENCY BECAME INVOLVED IN A TRAFFIC RELATED INJURY CASE. AT APPROXIMATELY 2030 HOURS ON 073112, THIS DETECTIVE WAS CONTACTED BY SERGEANT BLOOMER WHO ADVISED THAT A POSSIBLE TRAFFIC RELATED INJURY HAD occurred IN HOMOSASSA OFF OF WEST MICHIGAN BOULEVARD INVOLVING A 26 YEAR OLD MALE VICTIM. WITNESSES AT THE SCENE REPORTED THAT THEY OBSERVED THE VICTIM HANGING OUT OF THE DRIVER’S SIDE DOOR OF A DARK COLORED SUV TRAVELING NORTHBOUND ON HIGHWAY 19 FROM THE AREA OF 3295 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA. THE VICTIM WAS SEEN WITH HIS BODY OUTSIDE OF THE VEHICLE WITH HIS HEAD AND ARMS INSIDE THE SUV. WITNESSES THEN FOLLOWED THE SUV ONTO SOUTH STONEBROOK DRIVE AND WEST MICHIGAN BOULEVARD, HOWEVER, WHEN THEY PROCEEDED ONTO WEST MICHIGAN BOULEVARD THEY OBSERVED THE VICTIM LYING IN THE ROADWAY WITH EXTENSIVE INJURIES TO HIS HEAD. THE DARK COLORED SUV WAS SEEN FLEEING THE AREA POSSIBLY TURNING WEST ON HIGHWAY 490. NO OTHER VEHICLE DESCRIPTION OR LICENSE PLATE NUMBER WAS OBTAINED FROM THE WITNESSES. SERGEANT BLOOMER FURTHER RELAYED THAT A PRESCRIPTION BOTTLE FOR OXYCODONE WAS DISCOVERED CLUTCHED IN THE HAND OF THE VICTIM, which BELONGED TO A LEO RADFORD. I WAS ALSO ADVISED THAT THE VICTIM HAD “CODED” AT THE SCENE WITH EMERGENCY MEDICAL SERVICES (EMS) AND THEY WERE TRANSPORTING HIM TO SEVEN RIVERS HOSPITAL AT THAT TIME. THE VICTIM WAS SUBSEQUENTLY FLOWN TO TAMPA GENERAL HOSPITAL FOR TREATMENT AFTER STABILIZING HIM AT SEVEN RIVERS HOSPITAL. I THEN RESPONDED TO THE AREA OF MICHIGAN AND STONEBROOK AND MADE CONTACT WITH DEPUTY CHAD DOYLE AND TROOPER TOD CLOUD WHO FURTHER BRIEFED ME ON THE SITUATION. UPON FURTHER INVESTIGATION, CONTACT WAS MADE WITH LEO RADFORD WHO PROVIDED ME WITH THE NAME CHRISTOPHER MARTINEZ (DEFENDANT TWO) AS BEING AN INDIVIDUAL THAT THE VICTIM WAS SCHEDULED TO MEET WITH LATER IN THE EVENING ON 073112. MR RADFORD FURTHER ADVISED THAT HE WAS MISSING A PRESCRIPTION BOTTLE OF OXYCODONE, WHICH HAD JUST BEEN FILLED ON 073112, AND BELIEVED THAT THE VICTIM HAD TAKEN THE PRESCRIPTION WITH THE INTENT OF SELLING THEM BECAUSE HE HAD NO MONEY. MR RADFORD ADVISED ME HE BELIEVED THAT the VICTIM WAS TO MEET DEFENDANT TWO IN ORDER TO SELL HIM THE OXYCODONE. ADDITIONALLY, MR RADFORD PROVIDED THE VICTIM WITH HIS CELL PHONE SO THAT HE COULD CORRESPOND WITH DEFENDANT TWO. WHILE SPEAKING TO MR RADFORD, I RECEIVED INFORMATION FROM DISPATCH STATING THAT THE VICTIM HAD SUCCUMBED TO HIS INJURIES AND HAD BEEN PRONOUNCED DEAD AT TAMPA GENERAL HOSPITAL. I THEN MADE CONTACT WITH THE VICTIM’S GIRLFRIEND WHO ADVISED THAT THE VICTIM HAD A HISTORY OF SUBSTANCE ABUSE AND PROVIDED US WITH THE NAME OF CHRIS MARTINEZ AS A KNOWN CONTACT OF THE VICTIM’S TO OBTAIN AND SELL ILLEGAL NARCOTICS. INFORMATION WAS PROVIDED TO ME BY THE VICTIM’S PARENTS THAT THE VICTIM SHOULD HAVE BEEN IN POSSESSION OF THEIR 2004 GRAY KIA SEDONA MINIVAN AND WAS LAST SEEN DRIVING THAT VEHICLE JUST PRIOR TO THE INCIDENT. A BOLO WAS ISSUED FOR THE VEHICLE, AND A SHORT TIME LATER A RESPONDING DEPUTY LOCATED THE VEHICLE IN FRONT OF A & Z DISCOUNT STORE LOCATED AT 3295 SOUTH SUNCOAST BOULEVARD, HOMOSASSA. I RESPONDED TO THAT LOCATION AND OBSERVED IN PLAIN VIEW TWO CELL PHONES, LYING IN THE CENTER CONSOLE OF THE VEHICLE. THE VEHICLE WAS SEIZED AND TRANSPORTED TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE AND ID SECTION FOR FUTURE FORENSIC ANALYSIS. CONTACT WAS THEN MADE WITH THE OWNERS OF A & Z DISCOUNT STORE TO RESPOND TO THAT LOCATION TO ASSIST US WITH RETRIEVING SURVEILLANCE FOOTAGE OF THE INCIDENT. WHILE REVIEWING THE SURVEILLANCE FOOTAGE, THIS DETECTIVE OBSERVED A DARK COLORED FORD SUV PULLING INTO THE PARKING LOT OF THE BUSINESS AND PARKING ON THE WEST SIDE OF THE PARKING LOT. A SHORT TIME LATER, I OBSERVED DEFENDANT TWO EXIT THE PASSENGER SIDE OF THE VEHICLE AND ENTER THE STORE. DEFENDANT TWO SUBSEQUENTLY EXITED THE STORE A SHORT TIME LATER AND GOT BACK INTO THE PASSENGER SIDE OF THE SUV. I THEN OBSERVED THE VICTIM’S VEHICLE PULLING INTO THE PARKING LOT AND PARKING BEHIND THE DEFENDANT’S SUV. THE VICTIM EXITS HIS VEHICLE AND PROCEEDS UP to the PASSENGER SIDE WINDOW. AFTER A SHORT PERIOD OF TIME THE VICTIM THEN MOVES OVER TO THE DRIVER’S SIDE WINDOW. THIS DETECTIVE WAS ABLE TO OBSERVE THE VICTIM’S FEET FROM UNDERNEATH THE VEHICLE AND AFTER SEVERAL MINUTES PASSED, THE SUV SPEEDS AWAY. WHILE THE SUV WAS DEPARTING THE AREA I COULD STILL SEE THE VICTIM’S FEET MOVING ALONG WITH THE VEHICLE AS IF THE VICTIM WAS DRAGGING THE VICTIM ALONG. THE SUV THEN EXITS THE PARKING LOT TRAVELING AT A HIGH RATE OF SPEED, NORTHBOUND ON HIGHWAY 19 UNTIL IT LEAVES THE RANGE OF THE VIDEO CAMERA. A CONSENT TO SEARCH FORM WAS SIGNED BY THE VICTIM’S FATHER FOR THE 2004 KIA SEDONA. A CONSENT TO SEARCH FORM WAS ALSO OBTAINED ON THE CELL PHONE OWNED BY MR RADFORD, DUE TO THE VICTIM UTILIZING THAT PHONE TO SET UP HIS MEETING WITH DEFENDANT TWO. EVIDENCE WAS OBTAINED FROM THE CELL PHONE INDICATING CORRESPONDENCE BETWEEN THE VICTIM AND DEFENDANT TWO ORCHESTRATING A MEETING TO TAKE PLACE SOMETIME AROUND 1900 HOURS ON 073112. SEVERAL OTHER DEPUTIES AND I THEN RESPONDED TO 471 NORTH ELMWOOD POINT, AT WHICH TIME, I CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH DEFENDANT TWO. DEFENDANT TWO ADVISED THAT HE KNEW WHY I WAS THERE AND STATED THAT HE HAD BEEN WORRIED ALL NIGHT ABOUT THE VICTIM BECAUSE HE KNEW THAT DEFENDANT ONE HAD RUN OVER THE VICTIM WITH HER SUV. DEFENDANT TWO INFORMED ME THAT THE VICTIM CONTACTED HIM EARLIER THAT AFTERNOON ON 073112, AND WANTED TO MEET WITH HIM IN ORDER TO SELL SOME OXYCODONE HE HAD OBTAINED FROM A FRIEND. AFTER SEVERAL TELEPHONE CALLS DEFENDANT TWO MADE ARRANGEMENTS TO MEET THE VICTIM IN FRONT OF A& Z DISCOUNT STORE IN HOMOSASSA, IN ORDER TO MAKE THE TRANSACTION. DEFENDANT TWO ADVISED THAT HE CONTACTED DEFENDANT ONE, MS NICOLE DAVIS, AND ASKED HER TO ASSIST HIM IN “RIPPING OFF” THE VICTIM. THEIR INTENTION WAS TO TAKE THE OXYCODONE FROM THE VICTIM AND DEPART THE AREA WITHOUT MAKING PAYMENT. DEFENDANT TWO STATED THAT HE WAS IN THE PASSENGER SEAT AND DEFENDANT ONE WAS THE DRIVER DUE TO IT BEING HER VEHICLE. WHEN THE VICTIM ARRIVED AT THE MEETING LOCATION, HE INITIALLY APPROACHED THE PASSENGER WINDOW WHERE HE BEGAN SPEAKING TO THE VICTIM. THE VICTIM THEN MOVED TO THE DRIVER’S SIDE WINDOW AND WAS SPEAKING TO DEFENDANT ONE, AT WHICH TIME, SHE KNOCKED THE PILL BOTTLE OUT OF THE VICTIM’S HAND SPILLING THE PILLS INSIDE THE VEHICLE. IT WAS AT THAT TIME, THAT DEFENDANT ONE ATTEMPTED TO FLEE THE SCENE, HOWEVER, THE VICTIM REACHED THROUGH THE WINDOW AND GRABBED ON TO THE DRIVER’S SIDE DOOR. HE ADVISED THAT HE WAS YELLING AT THE VICTIM TO LET GO OF THE DOOR AND WAS YELLING AT DEFENDANT ONE TO STOP THE VEHICLE. HE STATED THAT DEFENDANT ONE PANICKED AND BEGAN DRIVING AT A HIGH RATE OF SPEED DOWN HIGHWAY 19 AND TURNED ON THE ROAD ADJACENT TO COLONEL FROGS. DEFENDANT TWO ADVISED THAT THE WHOLE TIME HE WAS YELLING AT THE VICTIM AND DEFENDANT ONE TO STOP AND EVENTUALLY IT APPEARED THAT THE VICTIM HAD LET GO DUE TO DEFENDANT ONE SLOWING DOWN. WHEN THE VICTIM LET GO HE ADVISED THAT HE FELT THE VEHICLE RUN OVER THE VICTIM. DEFENDANT TWO STATED THAT THEY DID NOT GO BACK TO CHECK ON THE VICTIM because HE OBSERVED THAT THEY WERE BEING FOLLOWED BY OTHER VEHICLES AND THEY COULD SEE THAT THE OTHER VEHICLES HAD STOPPED TO RENDER AID. DEFENDANT TWO EXPRESSED THAT HE WAS VERY WORRIED AND UPSET THAT THE VICTIM WAS INJURED AND ADVISED THAT HE MADE SEVERAL ATTEMPTS TO CONTACT THE VICTIM VIA TELEPHONE TO CHECK ON HIS STATUS. DEFENDANT TWO ADVISED THAT THEY OBTAINED APPROXIMATELY SIX OXYCODONE PILLS FROM THE VICTIM WHICH HE PROVIDED TWO PILLS TO DEFENDANT ONE AND HE KEPT THE REMAINDER. I THEN RESPONDED TO DEFENDANT ONE’S ADDRESS LOCATED AT 492 NORTH ELMWOOD POINT. PARKED IN FRONT OF DEFENDANT ONE’S ADDRESS WAS A DARK COLORED SUV FORD EXPEDITION, MAROON IN COLOR. I MADE CONTACT WITH DEFENDANT ONE AT THAT LOCATION, AT WHICH TIME, I CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH HER POST MIRANDA. THE STATEMENT PROVIDED BY DEFENDANT ONE CORROBORATED THE STATEMENT PROVIDED BY DEFENDANT TWO. SHE ADMITTED THAT SHE AND DEFENDANT TWO RESPONDED TO A & Z DISCOUNT STORE WITH THE INTENTION OF STEALING THE VICTIM’S OXYCODONE PILLS. SHE ADVISED THAT DEFENDANT TWO APPROACHED HER AT APPROXIMATELY 1730 HOURS AND ASKED HER IF SHE WANTED TO MAKE SOME MONEY. she EXPLAINED THAT SHE AND DEFENDANT TWO HAD DONE SOMETHING SIMILAR TO SOME OTHER INDIVIDUALS IN THE PAST. SHE BELIEVED THAT SHE WAS ONLY GOING TO HAVE TO DRIVE DEFENDANT TWO TO THE LOCATION AND THEN DRIVE OFF AFTER HE OBTAINED THE PILLS. DEFENDANT ONE ADVISED THAT SHE HAD NEVER MET THE VICTIM BEFORE AND DID NOT KNOW HIS NAME. SHE ADVISED THAT SHE KNEW THAT SHE HAD RUN OVER THE VICTIM, BUT DID NOT KNOW WHAT THE EXTENT OF HIS INJURIES WERE. DEFENDANT ONE FURTHER ADVISED THAT WHEN THE VICTIM WAS HOLDING ON TO HER DRIVER DOOR, DEFENDANT TWO WAS PUNCHING THE VICTIM’S ARMS TRYING TO GET HIM TO LET GO OF THE DOOR. SHE STATED THAT SHE EVENTUALLY GRABBED THE VICTIM’S HAND AND THE VICTIM APPEARED TO LET GO. IT WAS AT THAT TIME, THAT HE WAS RUN OVER BY THE BACK TIRE. UPON CONCLUSION OF BOTH INTERVIEWS BOTH DEFENDANTS WERE PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE DEFENDANT ONE WAS CHARGED WITH ONE COUNT OF MURDER PERPETRATED WITHOUT ANY DESIGN TO EFFECT DEATH AND ONE COUNT OF PURCHASE OR POSSESS WITH INTENT TO PURCHASE A CONTROLLED SUBSTANCE WITH A BOND AMOUNT OF $20,000.00 PER THE BOND SCHEDULE. DEFENDANT TWO WAS CHARGED WITH MURDER PERPETRATED WITHOUT ANY DESIGN TO EFFECT DEATH, ONE COUNT OF CONSPIRED WITH ANOTHER PERSON OR PERSONS TO COMMIT AN OFFENSE PROHIBITED BY LAW, AND ONE COUNT OF SELLING MANUFACTURING OR DELIVERING WITH INTENT TO SELL MANUFACTURE OR DELIVER A CONTROLLED SUBSTANCE, WITH A BOND AMOUNT OF $25,000.00 PER THE BOND SCHEDULE. |
