| Probable cause affidavit: |
SUBMITTED BY: BONURA, MATTHEW 0334 (AR09110265) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE, THE PROPERTY OF THE VICTIM, TO WIT: A KEE TRAILMATE COMMERCIAL GRADE LAWNMOWER, A PENN ROD AND PENN SILVER REEL AND A HURRICANE ROD WITH A SHIMANO REEL OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: $840.00, 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 ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: A CARPORT STRUCTURE ATTACHED TO A RESIDENCE, LOCATED AT 1040 WEST NOBLE DRIVE IN LECANTO, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THC VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: AN ACT OF GRAND THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(B); ON 073109 I RESPONDED TO 1040 WEST NOBLE DRIVE IN REFERENCE TO A BURGLARY. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, WHO ADVISED THAT WHILE DRIVING HOME FROM HER PARENT'S RESIDENCE ON HIGHWAY 491, SHE OBSERVED A BLUE IN COLOR PICKUP TRUCK WITH WHAT APPEARED TO HAVE IN THE BED OF IT, HER LAWN MOWER. SHE ADVISED SHE RESPONDED TO HER RESIDENCE AND DISCOVERED THAT HER LAWN MOWER HAD BEEN STOLEN. SHE ADVISED SHE THEN RESPONDED BACK TO THE AREA WHERE SHE LAST SAW THE PICKUP TRUCK. SHE ADVISED THAT WHEN SHE ARRIVED IN THAT AREA, SHE SAW THE DEFENDANT PULL OUT OF AN UNKNOWN RESIDENCE. SHE THEN ATTEMPTED TO GET BEHIND THE DEFENDANT AND GET HIS LICENSE TAG NUMBER. SHE ADVISED HE REACHED SPEEDS OF 70 MILES PER HOUR BEFORE HE PULLED OVER AND ASKED THE VICTIM WHAT WAS HER PROBLEM. SHE STATED TO THE DEFENDANT, "WHERE DID YOU GET THAT LAWN MOWER?" HE ADVISED HER THAT HE HAD BOUGHT IT FROM A YARD SALE. THE VICTIM INFORMED THE DEFENDANT THAT IT WAS HER LAWNMOWER AND SHE WANTED THE DEFENDANT TO TAKE HER TO THE YARD SALE WHERE HE HAD PURCHASED IT. THE DEFENDANT THEN CHANGED HIS STORY AND TOLD HER HE DID NOT BUY IT AT THE YARD SALE, BUT BOUGHT IT FROM A MEXICAN ACROSS FROM THE YARD SALE. THE VICTIM THEN ADVISED THE DEFENDANT TO RETURN HER LAWN MOWER TO HER RESIDENCE, TO WHICH THE DEFENDANT COMPLIED. THE VICTIM INFORMED ME THAT WHILE SHE HAD BEEN SPEAKING TO THE DEFENDANT, HE WAS NERVOUS, HIS HANDS WERE SHAKY AND HE STUTTERED WHEN HE TALKED. THE VICTIM ADVISED SHE HAD FELT UNCOMFORTABLE ALONE WITH THE DEFENDANT AND CONTACTED HER FATHER TO RESPOND TO HER RESIDENCE. WHEN HER FATHER ARRIVED, HE PLACED A TELEPHONE CALL TO 9-1-1. THE VICTIM'S FATHER THEN BEGAN WALKING THE DIRT DRIVEWAY TO SEE IF HE COULD SEE ANY TRACKS THAT WOULD MATCH THE DEFENDANT'S VEHICLE. THE VICTIM STATED THAT WHEN THE DEFENDANT SAW HER FATHER LOOKING FOR TRACKS, HE DROVE HIS VEHICLE DOWN THE DRIVEWAY AND PARKED IT WHERE THE VICTIM'S FATHER WAS LOOKING. SHE ADVISED THAT WHEN THEY WENT TO UNLOAD THE MOWER, THEY DISCOVERED THAT TWO OF THE VICTIM'S HUSBAND'S FISHING POLES WERE ALSO IN THE BACK OF THE PICKUP TRUCK WITH THE LAWNMOWER. AT THAT TIME, I MADE CONTACT WITH THE DEFENDANT AND READ HIM HIS MIRANDA RIGHTS. HE ADVISED HE DID UNDERSTAND HIS RIGHTS AND DID WISH TO SPEAK WITH ME IN REGARDS TO THIS INCIDENT. I ASKED THE DEFENDANT WHAT HAD TRANSPIRED ON TODAY'S DATE, TO WHICH HE STATED THAT HE IS A TRAPPER FOR THE STATE AND HAD COME INTO CITRUS COUNTY TO CHECK ON ONE OF HIS GOPHER TRAPS. HE ADVISED THAT WHILE HE WAS ON HIGHWAY 491 HE OBSERVED A YARD SALE AT THE CORNER OF HALO HILLS AND HIGHWAY 491. HE STATED THAT WHILE PULLING INTO THAT YARD SALE, A MEXICAN OF AN UNKNOWN DESCRIPTION FLAGGED HIM DOWN AND OFFERED HIM A LAWN MOWER FOR $100.00. THE DEFENDANT STATED HE DID NOT THINK THIS WAS SUSPICIOUS BECAUSE OF THE AMOUNT OF THE LAWNMOWER. HE STATED THAT IF THE MEXICAN SUBJECT HAD TRIED TO SELL THE LAWNMOWER FOR $25.00, HE WOULD HAVE KNOWN IT WAS "HOT." I THEN ASKED THE DEFENDANT HOW MUCH HE PAID FOR THE FISHING POLES, HE STATED THEY WERE A "BONUS" FOR BUYING THE LAWNMOWER. AT THAT TIME, I MADE CONTACT WITH THE VICTIM AND ASKED IF SHE WANTED TO PURSUE CHARGES AGAINST THE DEFENDANT, SHE STATED THAT SHE DID. I THEN ASKED THE VICTIM WHERE SHE HAD LAST SEEN HER LAWN MOWER, SHE ADVISED THAT IT WAS UNDERNEATH HER CARPORT THAT IS ATTACHED TO THE RESIDENCE. I THEN ASKED WHERE THE FISHING POLES WERE LOCATED, SHE SHOWED ME THE SAME AREA AS THE LAWNMOWER. THE VICTIM THEN FILLED OUT A SWORN WRITTEN STATEMENT AND ALSO INFORMED ME THAT HER BROTHER WAS WITH HER IN THE VEHICLE WHEN THIS TOOK PLACE. DUE TO HER FATHER AND HER BROTHER HAVING TO GO TO COURT FOR WORK, I LEFT THE VICTIM TWO BLANK STATEMENT FORMS FOR THEM TO FILL OUT WHEN THEY WERE AVAILABLE. I ADVISED THE DEFENDANT THAT THE VICTIM DID WANT TO PRESS CHARGES AND THAT I WAS PLACING HIM UNDER ARREST. I THEN SECURED HIM IN HANDCUFFS AND PLACED HIM IN THE REAR SEAT OF MY VEHICLE. THE DEFENDANT STATED TO ME HE THAT HE UNDERSTOOD AND HAD ONE REQUEST; HE ADVISED HE DID HAVE A RIFLE IN HIS PICKUP TRUCK AND WANTED TO KNOW IF I COULD TAKE IT FOR SAFE KEEPING. I ADVISED HIM THAT I WOULD. I THEN COLLECTED THE RIFLE, WHICH WILL BE TURNED INTO EVIDENCE ON TODAY'S DATE. WHILE EN ROUTE TO THE JAIL, THE DEFENDANT POINTED OUT WHERE THE TRANSACTION HAD TAKEN PLACE, THIS WAS THE SAME AREA AS THE YARD SALE. I MADE CONTACT WITH THE INDIVIDUAL WHO WAS RUNNING THE YARD SALE. I ASKED HIM IF HE HAD SEEN A MEXICAN SUBJECT IN THE AREA THAT HAD ATTEMPTED TO SELL A LAWNMOWER TO THE DEFENDANT. I DESCRIBED THE DEFENDANT'S VEHICLE TO THE INDIVIDUAL, WHO ADVISED HE DID NOT SEE THE DEFENDANT 'S VEHICLE IN THE AREA. HE THEN CHECKED WITH HIS WIFE, WHO ALSO ADVISED SHE DID NOT SEE THE DEFENDANT, NOR HIS VEHICLE, IN THE AREA AT ALL TODAY. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE UPON ARRIVAL, HE WAS CHARGED WITH ONE COUNT OF BURGLARY AND ONE COUNT OF GRAND THEFT. HIS BOND WAS SET AT $7,000.00. *NOT-EXEMPT* |
