| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, DALE 0276 (AR11121827) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: $450.00 WORTH OF BALLAST ROCK, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), TO WIT: $450.00 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(2)(C)(1). ON 071411 AT APPROXIMATELY 1630 HOURS, CITRUS COUNTY SHERIFF'S OFFICE TOOK A GRAND THEFT REPORT OF BALLAST ROCK, WHICH IS USED FOR RAILROAD BEDDING IN THE AREA OF WEST KAMPALA LANE. DEPUTY MENDOZA MADE CONTACT WITH MR FRANK MYSZEWSKI, A FOREMAN INSPECTOR FOR THE FLORIDA NORTHERN RAILROAD. MR MYSZEWSKI STATED THAT HE INSPECTED THE AREA OF MILE POST 782.6 AND 783.0 AND DISCOVERED MISSING SHOULDER, WHICH LOOKED LIKE IT HAD BEEN DUG OUT BY A FRONT END LOADER. DEPUTY MENDOZA COULD SEE TIRE IMPRESSIONS WHERE THE VEHICLE HAD COME UP TO THE BED OF THE RAILROAD AND REMOVED THE ROCK. HE THEN FOLLOWED THE TIRE IMPRESSIONS TO AN ADDRESS OF 8786 NORTH PRESNELL TERRACE WHERE HE COULD SEE THE FRONT END LOADER SITTING IN THE FRONT YARD. DEPUTY MENDOZA ATTEMPTED TO MAKE CONTACT AT THE RESIDENCE, BUT MET WITH NEGATIVE RESULTS. ON 072011 AT APPROXIMATELY 1330 HOURS, THIS DETECTIVE RESPONDED TO THE DEFENDANT'S RESIDENCE, WHERE I MADE CONTACT WITH HIM. I INFORMED HIM OF MY INVESTIGATION. THE DEFENDANT SUBSEQUENTLY ADMITTED TO REMOVING THE ROCK FROM THE RAILROAD BED. HIS STATEMENTS WERE THAT HE DID NOT THINK OF THE SEVERITY OF THE SITUATION BEFORE DOING SO AND IT WAS STUPID. THIS DETECTIVE ASKED THE DEFENDANT TO WRITE AN APOLOGY LETTER TO THE RAILROAD COMPANY STATING THAT HE WAS SORRY. THIS WAS DONE ON A NARRATIVE STATEMENT FORM WHICH WAS LATER TURNED IN TO RECORDS. IT SHOULD BE NOTED THAT THE FRONT END LOADER USED TO REMOVE THE RAILROAD BEDDING WAS A RENTED PIECE OF EQUIPMENT, WHICH WAS NOT LONGER ON THE PROPERTY. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING, WHERE HE WAS RELEASED ON HIS OWN RECOGNIZANCE, DUE TO HIS COOPERATION. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
