Probable cause affidavit: |
SUBMITTED BY: CONLEY, STEPHEN 0290 (AR11121711) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: RESIDENCE , LOCATED AT 5485 SOUTH WITHLAPOPKA DRIVE IN FLORAL CITY, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(B); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: LAPTOP COMPUTER AND $2,645.00 IN UNITED STATES CURRENTLY OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: 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 071111, IT WAS REPORTED TO THE CITRUS COUNTY SHERIFF'S OFFICE THAT ON 071111 BETWEEN 1030 HOURS AND 1500 HOURS, A BURGLARY OCCURRED AT 5485 SOUTH WITHLAPOPKA DRIVE IN FLORAL CITY, FLORIDA. DURING THE COMMISSION OF THE BURGLARY, A HEWLETT PACKARD LAPTOP VALUED AT $550.00 AND UNITED STATES CURRENCY IN THE AMOUNT OF $2,645.00 WAS STOLEN. THE VICTIM IN THE INCIDENT REPORTED THAT THE DEFENDANT, IDENTIFIED AS MR DANIEL LAPSLEY AND A FORMER EMPLOYEE OF THE VICTIM, WAS RECENTLY FIRED FROM HIS EMPLOYMENT BY THE VICTIM FOR STEALING OTHER PROPERTY AND NOT SHOWING UP FOR WORK WHEN HE WAS SUPPOSED TO. THE VICTIM FURTHER STATED THAT EVER SINCE HE FIRED THE DEFENDANT, HE HAS BEEN RECEIVING TEXT MESSAGES THAT THE DEFENDANT WAS GOING TO GET BACK AT HIM. ON 071111, A WITNESS PROVIDED DEPUTY ELDRIDGE A SWORN WRITTEN STATEMENT, STATING HE OBSERVED DEFENDANT LAPSLEY AT THE RESIDENCE ON THE DATE OF THE INCIDENT AND FURTHER STATED THAT HE SAW THE DEFENDANT CARRYING WHAT APPEARED TO BE A LAPTOP. THE WITNESS ADVISED DEPUTY ELDRIDGE HE SAW THE DEFENDANT AT THE VICTIM'S RESIDENCE AT APPROXIMATELY 1300 HOURS. ON 07132011, THIS AFFIANT MADE CONTACT WITH A SECOND WITNESS, WHO ADVISED HE OBSERVED THE DEFENDANT AT THE RESIDENCE ON THE DATE IN QUESTION. HE FURTHER STATED THAT HE SAW THE DEFENDANT WITH AN ITEM THAT RESEMBLED A LAPTOP. HE STATED THIS OCCURRED AT APPROXIMATELY 1300 HOURS. BOTH WITNESSES ADVISED THEY DID NOT THINK ANYTHING OF THE DEFENDANT BEING AT THE RESIDENCE AT THE TIME, BECAUSE THEY KNEW HIM TO WORK FOR THE VICTIM. THEY WERE UNAWARE THAT THE VICTIM HAD FIRED THE DEFENDANT SEVERAL DAYS PRIOR. ON 071311, I RESPONDED TO 603 EMERY STREET IN INVERNESS AND MADE CONTACT WITH THE DEFENDANT. UPON MAKING CONTACT WITH THE DEFENDANT, I ASKED HIM IF HE KNEW ANYTHING ABOUT THE INCIDENT. DURING A NON CUSTODIAL CONVERSATION, HE ADVISED THAT HE DID KNOW ABOUT IT AND THAT HE DID NOT DO IT. HE FURTHER STATED THAT HE WAS AT WAL-MART DURING THE TIME OF THE REPORTED CRIME AND SHOWED ME A RECEIPT FROM WAL MART. I OBSERVED THE RECEIPT TO HAVE A CHECK OUT TIME OF 1600 HOURS, WHICH IS DIFFERENT THAN THE TIME PROVIDED BY BOTH WITNESSES. THE DEFENDANT WAS SUBSEQUENTLY ARRESTED, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND SET AT $7000.00 PER THE BOND SCHEDULE. "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* |