| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR13-5295) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE EAGLES CLUB LOCATED AT 5340 WEST GROVER CLEVELAND BOULEVARD, HOMOSASSA, FLORIDA, WITHOUT AUTHORIZATION, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THE THEFT OF THREE BOTTLES OF LIQUOR AND AN AD-TAB MACHINE, 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: THREE BOTTLES OF LIQUOR AND AN AD-TAB MACHINE, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), 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 STATUTE, 812.014(2)(C)(1). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE EAGLES CLUB, TO-WIT: AN AD-TAB MACHINE, SAID DAMAGE BEING OF A VALUE OF $1,000.00 OR MORE, IN VIOLATION OF FLORIDA STATUTE, 806.13(1)(B)(3). ON 040213, AT 0647 HOURS, A BURGLARY WAS REPORTED TO THE EAGLES CLUB AT 5340 WEST GROVER CLEVELAND BOULEVARD IN HOMOSASSA, FLORIDA. AN UNAUTHORIZED ENTRY WAS MADE BY PRYING THE SOUTH DOOR. UPON MAKING ENTRY, VIDEO SURVEILLANCE CAPTURED A WHITE MALE SUBJECT WEARING A LIGHT COLORED LONG SLEEVED SHIRT, TAN CARGO SHORTS AND WHITE LO-TOP TENNIS SHOES. THE SUBJECT HAD THE COLLAR OF THE SHIRT PULLED OVER THE TOP OF HIS HEAD IN AN ATTEMPT TO CONCEAL HIS IDENTITY. THE SUBJECT ALSO HAD WHAT APPEARED TO BE A TATTOO ON HIS LEFT CALF BELOW THE KNEE. WHILE INSIDE THE EAGLE CLUB, THE SUBJECT JUMPED OVER THE BAR AND PLACED HIS FOOT ON TOP OF THE BAR LEAVING A SHOE IMPRESSION THAT WAS COLLECTED BY A CRIME SCENE TECHNICIAN. THE SUBJECT THEN REMOVED THREE BOTTLES OF LIQUOR, JUMPED BACK OVER THE BAR, UNPLUGGED THE AD-TAB MACHINE AND REMOVED THE MACHINE THROUGH THE SOUTH DOOR. THE AD-TAB MACHINE WAS LATER RECOVERED AND PRINTS WERE SUBSEQUENTLY IDENTIFIED AS BELONGING TO THE DEFENDANT, MR DANIEL SIMMERMON, SPECIFICALLY THE DEFENDANTâS RIGHT MIDDLE FINGER. THERE WAS ALSO BLOOD EVIDENCE ON THE AD-TAB MACHINE THAT IS CURRENTLY BEING COMPARED TO DNA TAKEN FROM THE DEFENDANT BY THIS DETECTIVE ON 041813. THE SHOE IMPRESSION ON THE SOLES OF THE DEFENDANTâS SHOES CLOSELY RESEMBLE THOSE PHOTOGRAPHED AT SCENE, BOTH INSIDE AND OUTSIDE THE BUSINESS. CLOTHING TAKEN FROM THE DEFENDANT LOCATED IN THE CITRUS COUNTY DETENTION FACILITY PROPERTY ROOM CLOSELY RESEMBLE CLOTHING WORN BY THE SUBJECT CAPTURED ON VIDEO. THE DEFENDANTâS PROPERTY WAS TURNED IN TO EVIDENCE BY THIS DETECTIVE. THE DEFENDANT DOES HAVE A TATTOO ON HIS LEFT CALF, WHICH RESEMBLES THE MARK ON THE LEFT CALF OF THE SUBJECT CAPTURED IN THE VIDEO. WHILE PREVIOUSLY SPEAKING WITH THE DEFENDANT, HE DENIED ANY KNOWLEDGE OF THIS CASE, BUT DID ADVISE THAT HE IS A MEMBER OF THE EAGLES CLUB. HE STATED THAT HE HAD NOT BEEN TO THE EAGLES CLUB IN OVER A MONTH. HE ADVISED THAT HE HAD AN ARGUMENT WITH ANOTHER EAGLES CLUB MEMBER AND WAS NOT GOING BACK. A SEARCH WARRANT WAS CONDUCTED BY THIS DETECTIVE, IN ORDER TO RETRIEVE TWO (2) BUCCAL SWABS FROM THE DEFENDANT. THIS WAS TO COMPARE THE DEFENDANTâS DNA TO THE BLOOD THAT WAS LEFT ON SCENE. AT THE TIME THE SEARCH WARRANT WAS SERVED, THE DEFENDANT ADVISED THAT HE DID NOT WISH TO SPEAK WITH ME ANY FURTHER IN REFERENCE TO THIS CASE. THE DEFENDANT IS BEING CHARGED WITH BURGLARY WITH A $15,000.00 BOND; GRAND THEFT OF THE AD-TAB MACHINE VALUED AT $1,500.00 AND CRIMINAL MISCHIEF FOR DAMAGES TO THE AD-TAB MACHINE, ESTIMATED AT $15,000.00 DOLLARS. DURING THE BURGLARY, THE DEFENDANT REMOVED THE TOP OF THE MACHINE WHICH DISLODGED THE PLEXUS GLASS FACE AND DAMAGED THE WIRING AND OTHER MECHANICAL PARTS, IN ORDER TO RETRIEVE THE CASHBOX. THE DEFENDANTâS TOTAL BOND WAS SET AT $18,000.00 PER THE BOND SCHEDULE. |
