| Probable cause affidavit: |
SUBMITTED BY: DALTON, CREGG 0683 (AR10114634) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: ALUMINUM, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), TO WIT: $385.00, 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 UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: DAMAGED THE VICTIM'S ALUMINUM TO WHERE THE VICTIM CAN NO LONGER USE IT FOR ITS ORIGINAL PURPOSE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)1. ON 050310, I WAS DISPATCHED TO 1660 NORTH NIGHTSHADE, IN CRYSTAL RIVER, IN REFERENCE TO A GRAND THEFT THAT HAD ALREADY OCCURRED. WHILE EN ROUTE TO THE INCIDENT LOCATION, DISPATCH INFORMED ME THAT THE SUSPECTS WHO HAD STOLEN THE ALUMINUM FROM PRIVATE PROPERTY HAD LEFT AND WERE TRAVELING EAST ON HIGHWAY 44. THE COMPLAINANT/WITNESS INFORMED DISPATCH THAT THEY WERE DRIVING A GREEN COLORED FORD PICKUP TRUCK WITH THE LICENSE PLATE 6687II, PULLING A HOMEMADE TRAILER WITH THE LICENSE PLATE K987AI. DISPATCH INFORMED ME THAT THE COMPLAINANT HAD LOST WHERE THE SUSPECTS WERE TRAVELING, BUT DID FIND THEM AGAIN LOCATED AT THE CRYSTAL RECYCLING AND SCRAP BUSINESS LOCATED ON COMMERCE TERRACE. I WAS ALSO ADVISED THAT THE OWNER OF THE STOLEN PROPERTY WAS EN ROUTE TO THE RECYCLING CENTER AS WELL. UPON MY ARRIVAL AT THE RECYCLING CENTER, I DID LOCATE A GREEN FORD F150 AND TRAILER MATCHING THE DESCRIPTION AND TAG NUMBERS PROVIDED BY THE COMPLAINANT. TWO ADULT WHITE MALES WERE UNLOADING SCRAP ALUMINUM FROM THE TRAILER INTO BINS TO BE RECYCLED. I MADE CONTACT WITH THE DEFENDANT, MR DALTON J DAY, AND THE SUSPECT. THE DEFENDANT STATED HE FOUND THE SCRAPS IN THE WOODS NEAR HIS RESIDENCE AND STATED HE WAS NOT SURE WHOSE IT WAS. THE SUSPECT STATED THAT THE DEFENDANT CAME OVER TO HIS RESIDENCE AND ASKED FOR HIS HELP SO HE HELPED HIM. AT THAT TIME, I READ MIRANDA RIGHTS FROM A PREPRINTED CARD TO BOTH THE DEFENDANT AS WELL AS THE SUSPECT. I ASKED THEM IF THEY WISHED TO CONTINUE SPEAKING WITH ME AND ANSWERING MY QUESTIONS, TO WHICH THEY STATED YES. I SEPARATED THE TWO MALE SUBJECTS. I ASKED THE DEFENDANT AGAIN WHERE HE GOT THE SCRAP, HE SAID THAT HE GOT THE SCRAP METAL SOMEWHERE IN THE WOODS, BUT THOUGHT THE LAND BELONGED TO THE COUNTY. I ASKED HIM IF THE COUNTY OWNED THE PROPERTY THEN WOULDN'T THEY OWN THE SCRAP, AND HE SAID HE WAS NOT SURE. I ADVISED HIM THAT THE LAND WAS ACTUALLY OWNED BY A PRIVATE LAND OWNER AND THE SCRAP WAS OWNED BY THE SAME INDIVIDUAL. THE DEFENDANT CONTINUED TO SAY THE SCRAP AND THE LAND WAS NOT OWNED BY ANYBODY AND THAT HE HAD DONE HIS RESEARCH. THE DEFENDANT COMPLETED A SWORN WRITTEN STATEMENT ADVISING THAT THE SUSPECT HAD NO KNOWLEDGE THAT THE MATERIALS WERE STOLEN AND ALL HE DID WAS DRIVE. I THEN SPOKE WITH THE SUSPECT WHO STATED THAT THE DEFENDANT CAME TO HIS RESIDENCE AND SAID HE NEEDED SOME HELP TAKING SOME SCRAP TO THE RECYCLING CENTER AND THAT HE WOULD GIVE HIM GAS MONEY. THE SUSPECT STATED THAT HE NEVER WENT ONTO THE PROPERTY. THE SUSPECT STATED THAT HE EVEN ASKED THE DEFENDANT IF HE WAS STEALING THIS SCRAP AND THE DEFENDANT STATED NO. THE SUSPECT STATED HE HARDLY EVEN KNEW WHO THE DEFENDANT WAS. THE VICTIM ARRIVED AT THE RECYCLING CENTER AND IDENTIFIED THE ALUMINUM SCRAP IN THE HOMEMADE TRAILER AS HIS. THE VICTIM STATED THAT HE HAD ACTUALLY TOLD THE DEFENDANT AND HIS FATHER TO STAY OFF HIS PROPERTY. THE VICTIM STATED HE DID NOT GIVE EITHER THE DEFENDANT OR THE SUSPECT PERMISSION TO BE ON HIS PROPERTY NOR DID HE GIVE THEM PERMISSION TO REMOVE THE ALUMINUM SCRAP. I THEN SPOKE WITH THE WITNESS/COMPLAINANT WHO WITNESSED THE DEFENDANTS REMOVING THE STOLEN PROPERTY, COPIED THE TAG NUMBERS, NOTIFIED 9-1-1, AND FOLLOWED THE SUSPECT VEHICLE AND TRAILER FOR A BRIEF PERIOD OF TIME. WHEN SPEAKING WITH THE WITNESS I ASKED IF HE RECOGNIZED THE INDIVIDUALS WHO REMOVED THE SCRAP FROM THE VICTIM'S PROPERTY, AND HE POINTED AT THE TWO ADULT MALES, THE DEFENDANT AND THE SUSPECT, STANDING NEXT TO THE GREEN PICKUP AND TRAILER. THERE WERE A TOTAL OF 52 EIGHT TO TWELVE FOOT SECTIONS VALUED AT $6.00 EACH, FOUR 24 FOOT SECTIONS VALUED AT $12.00 EACH, AND FIVE SUPPORT BEAMS VALUED AT $5.00 EACH REMOVED FROM THE PROPERTY. THE VALUE OF ALL ALUMINUM SCRAP TAKEN WAS$385.00. TO GET THE ALUMINUM SCRAP INTO THE TRAILER THE DEFENDANTS HAD TO BEND AND DAMAGE THEM MAKING THEM NO LONGER USEABLE TO THE VICTIM CAUSING THE CRIMINAL MISCHIEF. DUE TO THE WITNESS TESTIMONY, THE IDENTIFICATION OF THE PROPERTY BY THE VICTIM, THE IDENTIFICATION OF THE DEFENDANT AND THE SUSPECT BY THE WITNESS, THE STATEMENTS GIVEN TO ME BY THE DEFENDANT AND THE SUSPECT, THE DEFENDANT WAS ARRESTED FOR GRAND THEFT AND CRIMINAL MISCHIEF. THE SUSPECT WAS RELEASED ON HIS OWN RECOGNIZANCE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK, PLACED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE DETENTION FACILITY FOR BOOK IN AND PROCESSING. PHOTOGRAPHS OF THE TRAILER, SCRAP, AND TRUCK WERE TAKEN WHICH WERE TURNED IN TO EVIDENCE. SWORN WRITTEN STATEMENTS WERE COMPLETED AND SIGNED BY THE WITNESS, THE VICTIM, THE SUSPECT AND THE DEFENDANT AND TURNED IN TO RECORDS. THE VICTIM WAS GIVEN A CASE CARD BEARING MY NAME AND CASE NUMBER FOR FUTURE REFERENCE. THE BOND FOR GRAND THEFT WAS SET AT $2,000.00 AND THE BOND FOR CRIMINAL MISCHIEF WAS SET AT $250.00. *NOT-EXEMPT* |
