| Probable cause affidavit: |
SUBMITTED BY: BAIRD, MATTHEW 0624 (AR13-7417) DID UNLAWFULLY, BEING A PERSON 24 YEARS OF AGE OR OLDER, DATE OF BIRTH: 02/24/1978, ENGAGE IN SEXUAL ACTIVITY WITH THE JUVENILE MALE VICTIM, J.G., A PERSON 16 OR 17 YEARS OF AGE, DATE OF BIRTH: 12/16/1996, BY ENGAGING IN SEXUAL INTERCOURSE WITH THE VICTIM, PERFORMING ORAL SEX ON THE VICTIM, HAVING THE VICTIM PERFORM ORAL SEX ON HER, MASTURBATING THE VICTIM, AND HAVING THE VICTIM MASTURBATE HER, ALL ON MULTIPLE OCCASIONS, IN VIOLATION OF FLORIDA STATUTE 794.05; ON 091213 THIS AGENCY RECEIVED A REPORT CONCERNING INAPPROPRIATE CONTACT BETWEEN THE DEFENDANT, CYNTHIA HERR, AND THE 16 YEAR OLD VICTIM. THE ALLEGATIONS STATED THAT THE INAPPROPRIATE CONTACT WAS OCCURRING VIA TEXT MESSAGES AND FACEBOOK AND THAT MRS HERR HAD ROMANTIC FEELINGS FOR THE VICTIM. CONTACT WAS MADE WITH THE VICTIM WHO DID CONFIRM THAT HE COMMUNICATED WITH MRS HERR BOTH VIA TEXT MESSAGES AND FACE BOOK. THE VICTIM INITIALLY DENIED THAT HE HAD ENGAGED IN ANY SEXUAL ACTIVITY WITH MRS HERR BUT DID STATE THEIR CONVERSATIONS WERE SEXUAL IN NATURE. HE THEN GAVE CONSENT FOR THIS DETECTIVE TO VIEW THE CONTENTS OF HIS CELLULAR TELEPHONE AT WHICH TIME SEVERAL TEXT MESSAGES OF A SEXUAL NATURE WERE OBSERVED. THE VICTIM THEN GAVE CONSENT FOR ME TO ACCESS HIS FACEBOOK ACCOUNT VIA HIS CELLULAR TELEPHONE AT WHICH TIME NUMEROUS MESSAGES OF A SEXUAL NATURE WERE OBSERVED. SEVERAL OF THESE MESSAGES SEEMED TO REFERENCE SEXUAL ACTIVITY BETWEEN THE VICTIM AND MRS HERR. AFTER VIEWING THE TEXT MESSAGES AND FACEBOOK MESSAGES THE VICTIM DID MAKE ADMISSIONS THAT HE HAD IN FACT ENGAGED IN SEXUAL ACTIVITY WITH MRS HERR AND ADVISED THAT IT HAD OCCURRED WITHIN HERNANDO COUNTY. DURING THE INVESTIGATION FURTHER TESTIMONY WAS OBTAINED IN WHICH MRS HERR DID MAKE ADMISSIONS TO ENGAGING IN SEXUAL ACTIVITY WITH THE VICTIM. SHE ALSO ADVISED SHE KNEW IT WAS WRONG AND THAT SHE THOUGHT SHE WOULD BE GOING TO JAIL, LOSING HER JOB, AND LOSING HER FAMILY. MRS HERR ALSO ADVISED THAT IF LAW ENFORCEMENT ACCESSED FACEBOOK OR CELLULAR TELEPHONE RECORDS SHE WOULD BE IN TROUBLE. HERNANDO COUNTY WAS NOTIFIED AND FURTHER INVESTIGATION WAS CONDUCTED BY DETECTIVES FROM BOTH COUNTIES. DURING THE HERNANDO COUNTY SHERIFFâS OFFICE PORTION OF THE INVESTIGATION MRS HERR DID MAKE POST MIRANDA ADMISSIONS TO ENGAGING IN SEXUAL ACTIVITY WITH THE VICTIM IN PASCO, HERNANDO, AND CITRUS COUNTIES. DURING FOLLOW UP INVESTIGATION THE VICTIM DID ADMIT THAT SEXUAL ACTIVITY DID OCCUR IN ALL THREE COUNTIES BOTH IN MRS HERRâS VAN AND ON ONE OCCASION IN A MOTEL IN HERNANDO COUNTY. THE VICTIM ADVISED HE HAD ORIGINALLY OMITTED INFORMATION IN AN ATTEMPT TO PROTECT MRS HERR AND FOR FEAR OF GETTING IN TROUBLE. ON 092413 CONTACT WAS MADE WITH MRS HERR AT HER RESIDENCE WITHIN CITRUS COUNTY. MRS HERR WAS READ HER MIRANDA RIGHTS VIA A PREPRINTED CARD AT WHICH TIME SHE INDICATED SHE UNDERSTOOD HER RIGHTS AND AGREED TO SPEAK WITH ME. DURING THIS INTERVIEW MRS HERR DID ADMIT TO ENGAGING IN SEXUAL ACTIVITY WITH THE VICTIM IN HER VAN IN PASCO COUNTY, AT A MOTEL IN HERNANDO COUNTY, IN HER VAN ON SEVERAL OCCASIONS IN CITRUS COUNTY, AND IN HER VAN IN MARION COUNTY MRS HERR WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED IN FRONT) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE DETENTION FACILITY MRS HERR DID AGREE TO CONTINUE SPEAKING WITH ME AND DID AGAIN MAKE ADMISSIONS TO ENGAGING IN SEXUAL ACTIVITY WITH THE VICTIM. MRS HERR WAS TURNED OVER TO JAIL STAFF FOR BOOKING AND PROCESSING. HER BOND WAS SET AT $10,000.00 PER COUNT FOR A TOTAL OF $30,000.00 PER THE BOND SCHEDULE. |
