| Probable cause affidavit: |
SUBMITTED BY: WEAR, KENNETH 0073 (AR07004314) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN BUSINESS OR CURTILAGE THEREOF, LOCATED IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, AS OWNER OR CUSTODIAN THEREOF, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO WIT: BURGLARY, IN VIOLATION OF FLORIDA STATE STATUTES 810.02(1) AND 810.02(3) AND DID HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION ANY TOOL, MACHINE, OR IMPLEMENT WITH THE INTENT TO USE THE SAME, OR ALLOW THE SAME TO BE USED TO COMMIT ANY BURGLARY OR TRESPASS, IN VIOLATION OF FLORIDA STATE STATUTE 810.06. ON 080607 AT 0159 HOURS, WHILE CONDUCTING SECURITY CHECKS ON THOMAS STREET IN THE CITY OF INVERNESS, I OBSERVED A BLACK FORD FOUR WHEEL DRIVE PICK UP TRUCK BEARING FLORIDA TAG X09-6RH PARKED IN BETWEEN STORAGE UNITS LOCATED AT 3177 EAST GULF TO LAKE HIGHWAY. THE VEHICLE APPEARED SUSPICIOUS IN NATURE BEING THAT IT COULD BARELY FIT BETWEEN THE BUILDINGS AND THE SIDE MIRRORS WERE PULLED IN TO THE DOORS. DISPATCH WAS ADVISED OF THE VEHICLE. UPON CHECKING THE VEHICLE, IT WAS DISCOVERED THE ENGINE WAS STILL WARM, THE KEYS WERE IN THE IGNITION AND A SAWS-ALL WAS IN THE BED OF THE TRUCK. THIS DEPUTY REQUESTED BACK-UP DUE TO THE POSSIBILITY OF SUBJECTS BEING IN THE AREA WHO MAY BE COMMITTING CRIMES. OTHER ZONE UNITS ARRIVED IN THE AREA AND BEGAN CANVASSING FOR SUBJECTS. DEPUTY BEETOW ADVISED HE HAD TWO SUBJECTS WALKING TOWARD MY AREA ON THOMAS STREET. THIS DEPUTY HAD OBSERVED IN A SANDY AREA WHERE THE VEHICLE HAD TURNED AND BACKED IN TO THE AREA WHERE IT WAS PARKED. ALSO THERE WERE FRESH SHOEPRINTS LEADING TO AND FROM THE REAR OF A LIQUOR STORE. THIS DEPUTY MADE CONTACT WITH BOTH INDIVIDUALS AND READ. MIRANDA WARNINGS VIA CARD TO BOTH INDIVIDUALS, TO WHICH THEY BOTH STATED THEY UNDERSTOOD THEIR RIGHTS AND WOULD SPEAK WITH THIS DEPUTY. UPON SPEAKING WITH BOTH DEFENDANTS, SEPARATELY, THEIR STORIES DID DIFFER. HOWEVER, THEY BOTH ADVISED THEY WERE PARKING THE VEHICLE IN THAT LOCATION IN ORDER TO PREVENT SOMEONE FROM STEALING IT WHILE THEY SEARCHED FOR WATER TO FILL UP THEIR RADIATOR. IT SHOULD BE NOTED THAT NEITHER OF THE TWO HAD ANY TYPE OF CONTAINER TO HOLD WATER. I ALSO ASKED THAT IF THEY HAD HIDDEN THE VEHICLE TO AVOID HAVING SOMEONE STEAL IT, THEN WHY HAD THEY LEFT THE KEYS IN THE IGNITION, TO WHICH THERE WAS NO RESPONSE GIVEN. THIS DEPUTY SHOWED THE DEFENDANTS THAT THEIR VEHICLE WAS PARKED IN VERY CLOSE PROXIMITY TO A WATER HOSE THAT APPEARED TO BE MORE THAN FIFTY FEET IN LENGTH. SHOEPRINTS THAT MATCHED THE DEFENDANTS SHOES WERE LOCATED IN THE AREA OF THE WATER HOSE. HOWEVER, THE WATER HOSE HAD NOT BEEN TAMPERED WITH. WHEN I ADVISED THE DEFENDANT WHO OWNED THE VEHICLE THAT THE WATER HOSE WAS CLOSE AND LONG ENOUGH TO REACH WHEN THEY WERE LOOKING FOR WATER, HE REALIZED HIS STORY WAS FALLING APART. BOTH DEFENDANTS REALIZED THAT THEIR STORY WAS NOT ADDING UP, AT WHICH TIME THEY BOTH ADMITTED THAT THEIR INTENTION WAS TO STEAL A BOAT MOTOR FROM APOPKA MARINE WHICH IS LOCATED DIRECTLY ACROSS STATE ROAD 44 FROM WHERE THEIR VEHICLE WAS PARKED. BOTH DEFENDANTS ADVISED THEY HAD USED A PAIR OF BOLT CUTTERS TO CUT THE FENCE IN ORDER TO ENTER THE AREA OF APOPKA MARINE. THE JUVENILE DEFENDANT VOLUNTARILY SHOWED THIS DEPUTY WHERE THE BOLT CUTTERS COULD BE LOCATED. A COUNTY FENCE WHICH ADJOINED APOPKA MARINE HAD BEEN CUT. THE FENCE SECURES A RETENTION POND AND FACES STATE ROAD 44. THE JUVENILE DEFENDANT SHOWED THIS DEPUTY WHERE THEY HAD ENTERED AND WALKED TO THE SECOND FENCE WHERE ENTRY WAS THEN MADE INTO THE YARD OF APOPKA MARINE. WHILE THERE, THE BOLT CUTTERS WERE DISCOVERED ON THE GROUND, NEAR THE HOLE IN THE FENCE. THE JUVENILE DEFENDANT FURTHER ADVISED THAT WHILE THEY WERE IN THE YARD, THEY HAD OBSERVED A SHERIFF'S DEPUTY NEAR their VEHICLE WHICH CAUSED THEM TO BE AFRAID AND JUMP THE FENCE BEHIND THE BUSINESS ON TO BUCK STREET. THE TWO THEN DECIDED TO WALK TOWARD DEPUTIES AND GIVE THE FALSE STORY OF NEEDING WATER FOR THEIR VEHICLE. IT SHOULD ALSO BE NOTED THAT THIS DEPUTY HAD OBSERVED THE VEHICLE'S RADIATOR WHERE WATER COULD BE OBSERVED IN IT. THE RADIATOR HAD NOT OVER-HEATED. BOTH DEFENDANTS FULLY COOPERATED, ADVISING THAT THE ADULT DEFENDANT WANTED A BOAT MOTOR FOR HIS BOAT. THE TWO DEFENDANTS ALSO PROVIDED VOLUNTARY SWORN WRITTEN STATEMENTS ATTESTING TO THEIR GUILT. BOTH DEFENDANTS WERE ARRESTED FOR BURGLARY AND POSSESSION OF BURGLARY TOOLS. BOTH DEFENDANTS WERE HANDCUFFED (DOUBLE LOCKED) BEHIND THEIR BACK, SECURED IN THE REAR SEAT OF DEPUTY MENDIGUTIA'S PATROL VEHICLE AND MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. CRIME SCENE TECHNICIAN (CST) DEPUTY BEETOW TOOK PHOTOGRAPHS AND SECURED EVIDENCE. SEE ID SERVICES REPORT. DEPUTY DAVIS COMPLETED A TOW SHEET, INVENTORIED THE VEHICLE, AND TOOK THE SAWS-ALL AND A BLACK FLASHLIGHT INTO CUSTODY AS POSSIBLE EVIDENCE USED IN OTHER BURGLARIES. DEPUTY HOLLOWAY MADE CONTACT WITH THE OWNER OF APOPKA MARINE TO ADVISE OF THE OUTCOME, PERFORM A FURTHER CHECK OF THEIR BUSINESS AND SUPPLY THE OWNER OF APOPKA MARINE WITH AN AGENCY CARD. DETECTIVE WILLIS RESPONDED TO THE DETENTION FACILITY TO INTERVIEW THE DEFENDANTS. UPON ARRIVAL AT THE DETENTION FACILITY, THE JUVENILE ASSESSMENT CENTER WAS CONTACTED, REFERENCE JUVENILE DEFENDANT ONE. I SPOKE WITH RICHARD, OPERATOR NUMBER 1617, WHO ADVISED THE JUVENILE DEFENDANT COULD BE RELEASED TO THE CUSTODY OF HIS PARENT. DEFENDANT TWO, MR DANIEL PAUL LEWIS'S BOND WAS SET AT A TOTAL OF $6,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
