| Probable cause affidavit: |
SUBMITTED BY: SMOLENSKY, STEVE 0142 (AR08105632) WHOEVER WANTONLY OR MALICIOUSLY SHOOTS AT, WITHIN, OR INTO, OR THROWS ANY MISSILE OR HURLS OR PROJECTS A STONE OR OTHER HARD SUBSTANCE WHICH WOULD PRODUCE DEATH OR GREAT BODILY HARM, AT, WITHIN, OR IN ANY PUBLIC OR PRIVATE BUILDING, OCCUPIED OR UNOCCUPIED, COMMITS THE OFFENSE OF SHOOTING INTO OR THROWING A DEADLY MISSILE INTO A DWELLING, IN VIOLATION OF FLORIDA STATE STATUTE 790.19. DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO WIT: SHOOTING AT A PICKUP TRUCK, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE, IN VIOLATION OF FLORIDA STATUTE806.13(1)(B)(2). On 100708 at approxIMATELY 2142 hOUrs, I was dispatched to 6461 EAST Seneca StREET in Inverness in refERENCE to a shooting that just occurred. The complAINANT. advised that a small white vehicle had just shot at her Truck and left the area in an unknown direction. Units responding "BOLO'd" the area of the Highlands. I arrived at the residence and made contact with the victim and her son. THE VICTIM advised that on this date her son was doing homework and heard a popping noise in the front yard. The victim's son looked outside and noticed a small white car turning around just passed their RESIDENCE and drive back by, slowing down, and some type of gun was fired at the residence and vehicle and left toward SOUTH Apopka. The victim's son described the vehicle as being a small white car with dark tinted windows and a donut on the passenger side front of the vehicle. This information was passed on to units "BOLOing" the area. The victim's son recognized the vehicle as a vehicle he HAD observed at a friend's RESIDENCE on Poplar StREET in Inverness. The victim's son advised that he dropped a friend off at that residence and a subject known to him as Colton was at his girlfriend's RESIDENCE, also at that location. The victim's son advised that he waved at Colton, who was in the front yard, but that Colton does not like him, supposedly because Colton lives in Spring Hill and does not like his girlfriend Hanging out with other guys while he is not there. The victim's son provided a residence description on Poplar StREET, which I passed on to "Boloing" units. CORPORAL. Stanton advised that he found the residence in question and a vehicle matching the description parked in the front yard with what appeared to be a bb gun in the center console. I checked the victim's 2008 Dodge truck and found that the rear window HAD BEEN shot out by some sort of projectile. I also found that the front of the RESIDENCE had been struck several times, as dents and chips in the stucco were present. TWO silver bbs were also found; ONE on the driveway and one in some mulch near the front door. DetECTIVE Holder responded and processed the scene. The victim's son completed a written statement reference this incident (to follow). I responded to 516 Poplar StREET and made contact with CORPORAL Stanton, who was present with the vehicle and its owner, MR Colton McKinley. I OBSERVED THE VEHICLE IN QUESTION - A WHITE FOUR DOOR MITSUBISHI GALLANT WITH DARK TINTED WINDOWS. THE VEHICLE DID NOT HAVE A DONUT ON THE FRONT WHEEL, HOWEVER, IT WAS MISSING A HUBCAP ON THE PASSENGER SIDE REAR WHEEL AND THE REAR RIM WAS BLACK AND COULD HAVE BEEN MISTAKEN FOR A DONUT. I read Colton his Miranda warnings (via card) and questioned him REFERENCE this incident. At first, Colton denied knowing the victim's son and advised that he had gone to the Kangaroo store in Inverness. Colton kept denying any involVEment with this incident, at which time I told him that I could tell by his mannerisms (he was hiding his hands behind his back, and looking away) that he was hiding something. Colton finally admitted that he was protecting someone. I advised Colton that he could be charged as an accessory if he witnessed a crime and did not cooperate. At that time, Colton advised that his FRiend Eric had shot the RESIDENCE. Colton advised that he took Eric over to the residence to fight the victim's son, but that ERic took it upon himself to fire the weapon at the RESIDENCE. Colton advised that Eric was inside the residence. Deputies knocked on the residence door and requested that Eric step out, which he did. CORPORAL.Stanton read Eric his Miranda warnings and Eric was questioned reference this incident. Eric blamed Colton for shooting at the residence and at first denied that he had any involvement in the shooting. Finally after further questioning, both Eric and Colton admitted to shooting at the truck and the residence, however, neither could advise what they hit, AND iN fact, both advised that they did nOt think they hit anything. It was also learned that two juvenile females who live at that residence were also in the vehicle at the time of the incident. Colton signed A PERMISSION to search, at which time, CORPORAL Stanton searched the vehicle. a package of bbs and co2 cartridges were recovered. An Airsoft pistol was also located in the console, however, it does not appear to be related to this incident. Colton advised that the pair had matching bb guns, which were inside the residence. The homeowner, MS denise Scott, gave verbal AND then written consent to search the residence and another permission to search form was signed by Ms Scott. Colton led this deputy into the residence and showed this deputy that the bb guns were inside one of the juvenile female's bedroom closets. Both female juveniles were questioned REFERENCE this incident and confirmed that both Eric and Colton fired upon the RESIDENCE or truck, but again could not advise who hit what. Both juveniles confirmed that Colton drove the vehicle and that one juvenile female sat in the front passenger seat, eric sat in the rear driver side of the vehicle, while another of the female juveniles sat in the rear passenger side of the vehicle. It was later learned from all in the vehicle that as the vehicle approached the residence from SOUTH Apopka, Colton drove and Eric fired from the back seat. Colton was nOt sure how to get out of the area and turned around past the RESIDENCE and drove back by, at that time, the front passenger victim leaned back and Colton slowed down and fired out of the front passenger side of the vehicle. Both Eric, Colton and both female juveniles completed written statements REFERENCE this incident. The bbs and bb guns were turned in to evidence ON this date. The female juveniles were not charged reference this incident. BOTH ERIC AND COLTON WERE ARRESTED WITHOUT INCIDENT AND CHARGED WITH ONE COUNT OF SHOOTING A DEADLY MISSILE INTO AN OCCUPIED DWELLING, IN VIOLATION OF FLORIDA STATE STATUTE 790.19, BOND WAS SET AT $10,000 PER THE BOND SCHEDULE AND ONE COUNT OF CRIMINAL MISCHIEF, IN VIOLATION OF FLORIDA STATE STATUTE 806.13(1)(B)(2), FOR SHOOTING AT THE PICKUP TRUCK, BOND SET AT $500 PER THE BOND SCHEDULE. BOTH DEFENDANTS WERE HANDCUFFED (DOUBLED LOCKED), PLACED IN REAR OF THE PATROL VEHICLE, AND WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. *not-EXEMPT* |
