| Probable cause affidavit: |
SUBMITTED BY: PATTERSON, DEREK 0560 (AR12-863) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: SEVERAL BARNS AND STABLES, LOCATED AT 5971 WEST LAST CHANCE LANE IN DUNNELLON, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM MR MICHAEL DELLER, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT AND DURING WHICH TIME WAS ARMED WITH A KNIFE, IN VIOLATION OF FLORIDA STATUTE 810.02(2)(B). DID UNLAWFULLY AND KNOWINGLY ATTEMPT TO OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A GOLF CART 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 STATUTES 812.014(2)(C)(1). DID UNLAWFULLY AND INTENTIONALLY THREATEN BY WORD OR ACT TO DO VIOLENCE TO THE PERSON OF THE VICTIM, COUPLED WITH AN APPARENT ABILITY TO CARRY OUT SAID THREAT, AND UTILIZED A WEAPON, TO WIT: A STUN GUN WITHOUT THE INTENT TO KILL, AND DID AN ACT OR ACTS WHICH CREATED A WELL-FOUNDED FEAR IN THE VICTIM THAT SUCH VIOLENCE WAS IMMINENT WHILE ATTEMPTING TO COMMIT A FELONY TO WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATE STATUTE 784.021(1)(B). \t \tdid then and there unlawfully carry a concealed weapon or electric weapon or device on or about HIS person, to-wit: A KNIFE, in violation of Florida Statute 790.01(1); \t ON 042412, I WAS DISPATCHED TO 5971 WEST LAST CHANCE LANE IN DUNNELLON IN REFERENCE TO AN IN-PROGRESS BURGLARY. WHILE RESPONDING TO THE CALL, DISPATCH ADVISED THAT THE SUSPECT WAS STILL ON SCENE AND HAD BROKEN INTO ONE OF THE VICTIMâS BUILDINGS AND HAD STOLEN ITEMS. DISPATCH ALSO ADVISED THAT THE SUSPECT HAD THREATENED THE VICTIM WITH A STUN GUN. UPON ARRIVAL THE VICTIM, MR MICHAEL DELLER, CAME OUT INTO THE DRIVEWAY AND ADVISED ME THAT THE SUSPECT, WHO BECAME KNOWN TO ME AS MR DAVID KRAL, WAS STANDING NEXT TO A BARN IN THE YARD. AS I BEGAN TO APPROACH THE BARN, I COULD HEAR MOVEMENT IN THE WEEDS, AT WHICH TIME, I DREW MY AGENCY ISSUED FIREARM. AS I GOT CLOSER, I COULD SEE MR KRAL CROUCHED BY THE BARN. I THEN POINTED MY FIREARM AT MR KRAL AND ORDERED HIM TO SHOW ME HIS HANDS, AT WHICH TIME, HE GRABBED HOLD OF THE FENCE THAT WAS NEXT TO HIM AND BEGAN TO JUMP IT. I THEN HOLSTERED MY FIREARM AND DREW MY TASER, WHILE ORDERING THE SUSPECT TO GET ON THE GROUND AND RUNNING TOWARDS HIM. WHEN I GOT WITHIN ARMS DISTANCE OF MR KRAL, HE JUMPED OVER THE FENCE AND BEGAN TO TURN TOWARDS THE OTHER FENCE, WHICH WAS IN CLOSE PROXIMITY, AS IF HE WAS PREPARING TO CONTINUE TO FLEE. I THEN FIRED MY TASER, STRIKING MY KRAL. MR KRAL FELL TO THE GROUND AND PLACED HIS ARMS UNDERNEATH HIM, PREVENTING ME FROM HANDCUFFING HIM. I ORDERED HIM SEVERAL TIMES TO RELEASE HIS HANDS AND WHEN THE TASER FINISHED CYCLING, HE CONTINUED TO LOCK HIS ARMS UNDERNEATH HIMSELF. BEING AWARE THAT WEAPONS HAD BEEN INVOLVED IN THE CALL, I ONCE AGAIN CYCLED THE TASER, AT WHICH TIME; MR KRAL RELEASED HIS ARMS AND ALLOWED ME TO HANDCUFF HIM. DEPUTY CRUZ ARRIVED ON SCENE AND ASSISTED ME IN ESCORTING MR KRAL TO MY PATROL VEHICLE. I THEN BEGAN TO SPEAK WITH MR DELLER, THE VICTIM, WHO WAS STILL STANDING IN THE DRIVE WAY, WHILE DEPUTY CRUZ SEARCHED MR KRAL. MR DELLER EXPLAINED THAT HE HAD HEARD HIS DOGS BARKING AND WHEN HE WENT OUTSIDE TO INVESTIGATE, HE OBSERVED MR KRAL WALKING AROUND THE OUTSIDE OF HIS PERIMETER FENCE. AS MR DELLER WATCHED, HE OBSERVED MR KRAL ATTEMPT TO JUMP THE FENCE, AT WHICH TIME, HE CONFRONTED MR KRAL AND ORDERED HIM TO LEAVE. MR KRAL THEN CONTINUED TO WALK AROUND THE EXTERIOR OF THE PERIMETER FENCE AND WHEN MR DELLER SAW MR KRAL AGAIN, MR KRAL WAS INSIDE THE FENCE WALKING AROUND THE HORSE STALLS. MR DELLER THEN OBSERVED MR KRAL WALK TOWARDS THE RESIDENCE AND GET ONTO HIS GOLF CART. MR DELLER THEN RAN TOWARDS THE GOLF CART AND REMOVED THE KEY TO PREVENT MR KRAL FROM STEALING IT. MR KRAL THEN GRABBED HOLD OF A STUN GUN THAT MR DELLER KEEPS ON THE GOLF CART TO ASSIST WITH CONTROLLING HIS ANIMALS. MR KRAL THEN POINTED THE STUN GUN TOWARDS MR DELLER IN A THREATENING MANNER, AT WHICH TIME, MR DELLER RAPIDLY RETREATED AND CALLED 911. MR DELLER THEN OBSERVED MR KRAL ENTER ANOTHER BARN ON THE PROPERTY AND HE THEN APPROACHED ANOTHER BUILDING, BUT HE WAS NOT CERTAIN IF MR KRAL ENTERED THE LAST BUILDING OR NOT. A SHORT TIME LATER, LAW ENFORCEMENT ARRIVED ON SCENE. MR DELLER STATED THAT HE HAS NEVER SEEN MR KRAL BEFORE AND THAT HE DID DESIRE TO PROSECUTE IN REFERENCE TO THIS CASE. I RETURNED TO WHERE DEPUTY CRUZ AND MY PATROL VEHICLE WERE LOCATED AND OBSERVED SEVERAL SYRINGES, A PRESCRIPTION CONTAINER CONTAINING AN UNKNOWN POWDERY SUBSTANCE, A KNIFE, A SPOON WITH BLACK CHARRED RESIDUE ON THE BOTTOM, A BLACK BAG CONTAINING SEVERAL SHOTGUN SHELLS AND SEVERAL OTHER ITEMS ON THE HOOD OF DEPUTY CRUZâS PATROL VEHICLE. DEPUTY CRUZ THEN ADVISED ME THAT HE HAD RETRIEVED ALL OF THE ITEMS FROM MR KRALâS POCKETS. UPON INSPECTING THE KNIFE, I OBSERVED THAT THE CHARACTERISTICS OF THE KNIFE WERE MORE WEAPON LIKE THAN THAT OF A COMMON POCKET KNIFE. THE KNIFE UTILIZED A PUSH BUTTON ON THE SIDE OF THE KNIFE THAT RELEASES THE BLADE AND CAUSES IT TO SWING INTO AN OPEN POSITION. THE KNIFE ALSO HAD A GUARD NEAR THE BLADE TO PREVENT THE OPERATORS HANDS FROM SLIDING ONTO THE BLADE. UPON MEASURING THE BLADE, I DISCOVERED THAT THE BLADE LENGTH IS APPROXIMATELY THREE AND THREE QUARTER INCHES LONG, AND THE HANDLE IS FOUR AND ONE HALF INCHES LONG. MR KRAL WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. THE DEFENDANTâS TOTAL BOND FOR ALL CHARGES WAS SET AT $30,250.00 PER THE BOND SCHEDULE. \t |
