| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR08101404) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN DWELLING 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: ENTERING THE VICTIM'S SCREEN PORCH/GARAGE, IN VIOLATION OF FLORIDA STATE STATUTES 810.02(1) AND 810.02(3), AND DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: ELECTRICAL POWER, 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, AND THE PROPERTY WAS TAKEN FROM A DWELLING OR FROM THE UNENCLOSED CURTILAGE OF A DWELLING, IN VIOLATION OF FLORIDA STATUTES 812.014(1) AND 812.014(2)(D). ON 012508, I WAS DISPATCHED TO 14640 WEST BLACKCREEK DRIVE, CRYSTAL RIVER, IN REFERENCE TO A THEFT OF POWER. THE COMPLAINANT WAS ADVISING THAT A NEIGHBOR HAD RUN AN EXTENSION CORD FROM HIS PROPERTY TO THEIR PROPERTY. WHEN I ARRIVED ON SCENE, I OBSERVED AN ORANGE EXTENSION CORD RUNNING ACROSS THE WHITE GRAVEL AND DIRT ROAD, KNOWN AS BLACKCREEK DRIVE. I PARKED MY PATROL VEHICLE SO THAT THE FRONT TIRE WAS ON TOP OF THE CORD SO THAT IT COULD NOT BE PULLED IN EITHER DIRECTION. I MADE CONTACT WITH THE VICTIM WHO STATED HE HAD LEFT HIS RESIDENCE AT 14640 WEST BLACKCREEK DRIVE AND HAD BEEN STAYING WITH HIS GIRLFRIEND AT ANOTHER RESIDENCE NEARBY. ON 012508, HE RETURNED TO HIS RESIDENCE, WHICH IS A TWO STORY STILT HOME WITH THE BOTTOM CONVERTED IN TO A PORCH/GARAGE AREA WHICH WAS COMPLETELY SCREENED IN. THE VICTIM STATED HE OBSERVED A SMALL HOLE APPROXIMATELY ONE AND A HALF INCHES IN DIAMETER IN THE FRONT OF THE SCREEN AND AN ORANGE EXTENSION CORD RUNNING FROM AN OUTLET INSIDE THE GARAGE AREA ACROSS THE STREET TO A RECREATIONAL VEHICLE (RV) THAT WAS PARKED ON ANOTHER LOT. THE VICTIM STATED HE HAD BEEN AT HIS RESIDENCE A FEW DAYS AGO AND THERE WAS NO EXTENSION CORD OR HOLE IN HIS SCREEN. HE STATED HE HAD NOT GIVEN ANYONE PERMISSION TO TAKE POWER FROM HIS RESIDENCE. THE VICTIM THEN SHOWED ME THE AREA WHERE THE CORD WAS ENTERING HIS DWELLING. THE HOLE WAS APPROXIMATELY ONE AND A HALF INCHES AND THE OUTLET THE CORD WAS PLUGGED IN TO WAS APPROXIMATELY TWO FEET AWAY FROM THE HOLE IN THE SCREEN. IT WAS CLEAR THAT THE GARAGE/PORCH AREA HAD TO BE ENTERED IN ORDER TO PLUG IN THE CORD. I THEN WALKED BACK OUT TOWARDS MY PATROL VEHICLE, AT WHICH TIME, I OBSERVED THE DEFENDANT, MR DAVID COLE, EXIT THE RV AND BEGIN WALKING TOWARDS ME. I POINTED DOWN AT the ORANGE EXTENSION CORD AND STATED, "WHAT'S THIS FOR." THE DEFENDANT STATED, "MAN, IT WAS COLD LAST NIGHT, I HAD TO HAVE SOME POWER." HE THEN TOLD ME HE HAD ATTEMPTED TO HAVE POWER HOOKED UP AT HIS RESIDENCE; HOWEVER, HIS POWER POLE HAD FAILED INSPECTION. I ASKED MR COLE IF HE HAD RUN THE EXTENSION CORD, TO WHICH HE SAID YES; HOWEVER, HE DENIED CUTTING THE SCREEN. I ASKED MR COLE TO HAVE A SEAT IN MY PATROL VEHICLE WHILE I SPOKE WITH THE VICTIM. I THEN ASKED THE VICTIM IF HE WISHED TO PRESS CHARGES IN REFERENCE TO this INCIDENT, AND HE STATED YES. I PROVIDED THE VICTIM WITH A SWORN WRITTEN STATEMENT FORM, WHICH HE COMPLETED. I ALSO PROVIDED THE VICTIM WITH A CASE CARD, BEARING MY NAME AND THE CASE NUMBER. PHOTOGRAPHS WERE TAKEN OF THE SCENE (SEE CRIME SCENE TECHNICIAN REPORT). I AGAIN MADE CONTACT WITH MR COLE WHERE I PLACED HIM UNDER ARREST FOR BURGLARY. I THEN READ MR COLE HIS MIRANDA WARNINGS FROM AN AGENCY ISSUED LAW ENFORCEMENT FIELD GUIDE, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS. WHILE TRANSPORTING THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY, I ASKED HIM WHO THE POWER CORD BELONGED TO, AND HE STATED IT WAS HIS. I ASKED MR COLE WHEN HAD HE PLUGGED IN THE CORD, TO WHICH HE ADVISED LAST NIGHT. I THEN ASKED HIM WHICH DOOR HE HAD ENTERED THE GARAGE AREA FROM, TO WHICH HE STATED HE HAD OPENED THE GATE AND WENT IN THE SIDE SCREEN DOOR AND PLUGGED THE CORD IN. THE DEFENDANT WAS CHARGED WITH BURGLARY TO A DWELLING UNOCCUPIED AND PETIT THEFT. UPON ARRIVAL AT THE DETENTION FACILITY, A CRIMINAL HISTORY WAS RUN ON THE DEFENDANT, WHICH REVEALED TWO PREVIOUS CONVICTIONS FOR THEFT, THEREFORE, MAKING THIS PETIT THEFT CHARGE A FELONY. THE DEFENDANT'S TOTAL BOND WAS SET AT $5,000.00 PER THE BOND SCHEDULE. *not-exempt* |
