| Probable cause affidavit: |
SUBMITTED By: HESSE, NICHOLAS 0689 (AR13-6841) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: RESIDENCE, LOCATED AT 1820 NORTH CROOKED BRANCH DRIVE, LECANTO, CITRUS COUNTY, FLORIDA, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MS ROSWITHA RICHARDSON, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: LAPTOP, ALCOHOL AND SUITCASE, OF THE VALUE OF $100.00 OR MORE BUT LESS THAN $300.00, 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, AND THE PROPERTY WAS TAKEN FROM A DWELLING OR FROM THE UNENCLOSED CURTILAGE OF A DWELLING, IN VIOLATION OF FLORIDA STATUTES 812.014(1) AND 812.014(2)(D); did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew Was stolen, to-wit: ALCOHOL AND LAPTOP, the property of MS ROSWITHA RICHARDSON, in violation of Florida Statute 812.019(1); ON 081013 AT APPROXIMATELY 2120 HOURS, I WAS DISPATCHED TO 2025 NORTH LECANTO HIGHWAY, IN LECANTO, IN REFERENCE TO A SUBJECT IN THE PARKING LOT OF THE GAS STATION SELLING BOTTLES OF ALCOHOL SPIRITS. WHILE EN ROUTE TO THAT CALL, I WAS ADVISED BY DISPATCH THAT THE SUBJECT HAD LEFT THE SCENE ON A BICYCLE WITH A WEST BOUND DIRECTION OF TRAVEL ON EAST NORVELL BRYANT HIGHWAY. THE WITNESS, MS HEATHER JONES, IDENTIFIED THE SUBJECT AS THE DEFENDANT, MR CHRISTOPHER WEBB, WHOM SHE PERSONALLY KNOWS TO BE A FREQUENT CUSTOMER AT THAT ESTABLISHMENT. SHE ADVISED THAT THE DEFENDANT WAS NEAR THE PROPANE TANKS, AND AT ONE POINT TOLD HER THAT HIS MOTHER HAD DIED AND THAT HE WAS SELLING ITEMS FROM HER ESTATE. AT THAT TIME, I âBOLOâDâ FOR THE SUBJECT BUT WAS MET WITH NEGATIVE RESULTS. I WAS SOON DIVERTED TO A VEHICLE CRASH AT THE INTERSECTION OF FUTURE TERRACE AND MELLINE DRIVE AND UPON MY ARRIVAL, I OBSERVED THE DRIVER OF THE VEHICLE TO BE THE DEFENDANT. FLORIDA HIGHWAY PATROL RESPONDED TO THE SCENE, INVESTIGATED THE CRASH AND SUBSEQUENTLY PLACED THE DEFENDANT UNDER ARREST FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, OR DRUGS. I THEN LEFT THE SCENE. ON 081113 AT APPROXIMATELY 0230 HOURS, WHILE ON ROUTINE PATROL, FOUND PROPERTY WAS LOCATED AT THE ADDRESS OF 2025 NORTH LECANTO HIGHWAY, IN LECANTO. WHILE ON SCENE, I OBSERVED A FLORAL PATTERNED SUITCASE SITTING NEAR THE PROPANE TANK DISPLAY ON THE SOUTH SIDE OF THE BUILDING. UPON FURTHER INSPECTION, SEVERAL BOTTLES OF ALCOHOL AND A DELL LAPTOP COMPUTER WERE FOUND INSIDE THE LUGGAGE. DEPUTY NEAL WAS ALSO ON SCENE, AND UPON FURTHER INVESTIGATION IT WAS DETERMINED THAT THE LAP TOP COMPUTER BELONGED TO THE VICTIM IN THIS CASE, ROSWITHA RICHARDS WHO RESIDES AT 1820 NORTH CROOKED BRANCH DRIVER, IN LECANTO. DEPUTY NEAL AND I UTILIZED THE DRIVER AND VEHICLE IDENTIFICATION DATABASE TO LOCATE AN ADDRESS FOR THE VICTIM, WHICH LED DEPUTY NEAL AND I TO THE ABOVE LOCATION TO CHECK THE WELFARE OF THE RESIDENCE. UPON OUR ARRIVAL, THE EXTERIOR OF THE HOME APPEARED TO BE INTACT; HOWEVER, DUE TO THE FLOOR PLAN OF THE HOME WE WERE UNABLE TO VISUALLY CONFIRM THAT THE INTERIOR GARAGE DOOR TO THE RESIDENCE WAS SECURE. WHILE AT THE RESIDENCE, I ALSO NOTICED A FOOTPRINT IN THE LONG, SANDY DRIVEWAY APPROXIMATELY 30 YARDS FROM THE RESIDENCE AND A PHOTOGRAPH OF THE PRINT WAS CAPTURED DIGITALLY FOR FUTURE REFERENCE. AFTER HAVING NEGATIVE CONTACT WITH THE VICTIM AT HER RESIDENCE, I IMPOUNDED THE BOTTLES OF ALCOHOL AND LAPTOP COMPUTER AND TURNED THEM INTO THE EVIDENCE SECTION AT THE CITRUS COUNTY EMERGENCY OPERATIONS CENTER IN LECANTO FOR SAFE KEEPING. ON 081113, AT APPROXIMATELY 1800 HOURS, I RESPONDED TO 1820 NORTH CROOKED BRANCH DRIVE IN LECANTO, IN REFERENCE TO A BURGLARY. THE VICTIM HAD RETURNED HOME TO HER RESIDENCE FROM AN OVERNIGHT STAY OUT OF COUNTY AND FOUND THE INTERIOR GARAGE DOOR TO HER HOME, OFF OF THE HINGES. SHE ADVISED THAT SHE WAS MISSING ALCOHOL, A LAPTOP COMPUTER, AND TWO PIECES OF FLORAL PATTERNED LUGGAGE. THE VICTIM PROVIDED HER FLORIDA DRIVERâS LICENSE AND OTHER PERSONAL INFORMATION WHICH WAS COLLECTED FOR THIS REPORT. DURING MY CONTACT WITH HER, I ALSO EXPLAINED THE CIRCUMSTANCES OF THE INCIDENT LAST NIGHT. THE PROPERTY STOLEN FROM THE VICTIMâS RESIDENCE MATCHED THE ITEMS LOCATED NEAR THE SHELL GAS STATION AND I ADVISED HER THAT HER PROPERTY HAD ALREADY BEEN RECOVERED. BEFORE LEAVING, I PROVIDED HER WITH AN AGENCY CASE CARD BEARING MY NAME AND THIS CASE NUMBER. I INSTRUCTED HER TO NOTIFY THIS AGENCY IN THE EVENT THAT SHE DISCOVERS MORE ITEMS TO BE STOLEN. WHILE EN ROUTE, I MADE TELEPHONE CONTACT WITH THE WITNESS, MS HEATHER JONES, WHO CONFIRMED THAT THE SUBJECT SELLING PROPERTY IN THE PARKING LOT, WAS IN FACT THE DEFENDANT. SHE ALSO ADVISED THAT HE WAS ALSO CAPTURED ON SURVEILLANCE FOOTAGE WHICH WOULD BE ACCESSIBLE ON MONDAY WITH A STORE MANAGERâS APPROVAL. I THEN RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY AND MADE CONTACT WITH DETENTION STAFF. ONCE THERE, I RETRIEVED THE DEFENDANTâS FOOTWEAR FROM THE PROPERTY DIVISION OF THE DETENTION FACILITY AND COMPARED IT TO THE PHOTO OF THE FOOTPRINT FOUND AT THE SCENE. THE COMPARISON WAS A POSITIVE MATCH AND I SEIZED THE SHOES AS EVIDENCE. I ALSO PROVIDED THE DETENTION STAFF WITH A PROPERTY RECEIPT. I THEN CONDUCTED A CUSTODIAL INTERVIEW WITH THE DEFENDANT AND PRIOR TO ANY QUESTIONING, I READ HIM HIS MIRANDA WARNING VIA A PREPRINTED CARD. THE DEFENDANT STATED THAT HE UNDERSTOOD HIS RIGHTS AND SPOKE FREELY AT THAT TIME. DURING THE INTERVIEW THE DEFENDANT WAS UNCOOPERATIVE AND CONCEDED THAT HE WAS AT THE GAS STATION LAST NIGHT WHERE HE BOUGHT SOME CIGARETTES. THE DEFENDANT ALSO ACKNOWLEDGED THAT HE WAS THE SUBJECT IN THE PARKING LOT SELLING ITEMS, BUT STATED THAT HE DID NOT TELL THE CLERK THAT HIS MOTHER HAD DIED. AFTER ADMITTING TO ATTEMPTING TO SELL THE AFOREMENTIONED ITEMS IN THE PARKING LOT, THE DEFENDANT STATED THAT HIM SPEAKING WITH ME WOULD NOT BE BENEFICIAL FOR HIM AND HE INVOKED HIS FIFTH AMENDMENT RIGHTS. THE INTERVIEW WAS THEN CONCLUDED. DUE TO EYE WITNESS SWORN WRITTEN STATEMENTS, EVIDENCE LOCATED AT THE SCENE, AND THE DEFENDANTâS OWN ADMISSIONS, I ADVISED HIM THAT HE WOULD BE ADDITIONALLY CHARGED WITH ONE COUNT OF BURGLARY, ONE COUNT OF GRAND THEFT AND ONE COUNT OF DEALING IN STOLEN PROPERTY. ALL EVIDENCE AND STATEMENTS WERE LATER TURNED INTO RECORDS AND I TOOK NO FURTHER ACTION. THE DEFENDANT WAS THEN TURNED OVER TO DETENTION FACILITY STAFF, WHERE HIS BOND WAS SET AT A TOTAL OF $22,000.00 FOR CHARGES OF BURGLARY, GRAND THEFT AND DEALING IN STOLEN PROPERTY. |
