| Probable cause affidavit: |
SUBMITTED BY: SMITH, STEVE 0292 (AR12124506) DID UNLAWFULLY AND FELONIOUSLY SELL, MANUFACTURE OR DELIVER OR POSSESS WITH INTENT TO SELL, MANUFACTURE OR DELIVER OR CAUSE TO BE SOLD, MANUFACTURED OR DELIVERED TO ANOTHER PERSON, A CONTROLLED SUBSTANCE, TO WIT: METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(1)(A)(1). ANY PERSON WHO KNOWINGLY SELLS, PURCHASES, MANUFACTURES, DELIVERS OR BRINGS INTO THIS STATE OR WHO IS KNOWINGLY IN ACTUAL OR CONSTRUCTIVE POSSESSION OF 14 GRAMS OR MORE OF METHAMPHETAMINE IS GUILTY OF A FELONY OF THE FIRST DEGREE, WHICH FELONY SHALL BE KNOWN AS TRAFFICKING IN METHAMPHETAMINE, AND SUCH PERSON SHALL BE SENTENCED TO A MANDATORY MINIMUM OF 15 YEARS, IN VIOLATION OF FLORIDA STATE STATUTE 893.135(1)(F). DID UNLAWFULLY AGREE, CONSPIRE, COMBINES, OR CONFEDERATES, WITH ANOTHER PERSON OR PERSONS TO COMMIT AN OFFENSE OF CRIMINAL CONSPIRACY, TO WIT: CONSPIRES TO MANUFACTURE METHAMPHETAMINE, IN VIOLATION OF FLORIDA STATE STATUTE 777.04(3), CRIMINAL CONSPIRACY. ON 012012, THIS DEPUTY ALONG WITH THE CITRUS COUNTY NARCOTICS UNIT SERVED A WARRANT ON LOG LANE IN INVERNESS. THE DEFENDANT, MR DAVID OUTLAW, IN THE FOLLOWING CASE WAS LIVING AT THIS RESIDENCE AND ASSOCIATED WITH THE REST OF THE INDIVIDUALS THERE. UPON SERVING THE WARRANT, THE INDIVIDUALS HAD ALREADY FLED THE RESIDENCE, HOWEVER, THE SEARCH WARRANT DID YIELD PARAPHERNALIA SIGNS OF DRUG USE AND METHAMPHETAMINE MANUFACTURING. IT SHOULD BE NOTED THERE WAS PERSONAL BELONGINGS BELONGING TO THE DEFENDANT AT THIS RESIDENCE. ON 012212, I WAS CONTACTED BY DISPATCH AND ADVISED OF A POSSIBLE METHAMPHETAMINE LABORATORY THAT PATROL WAS OUT WITH AT 4195 EAST PARSONS POINT ROAD, LOT 17B, IN HERNANDO. THIS ADDRESS IS WATSON'S FISH CAMP. WHILE EN ROUTE, I DID MAKE CONTACT WITH PATROL UNITS ON SCENE. I WAS ADVISED THAT THEY HAD LOCATED A ONE POT COOK. I ADVISED THEM AT THIS TIME TO SECURE THE SCENE NOT ALLOWING ANYONE INTO THE RESIDENCE AND TO DETAIN THE INDIVIDUALS AT THE SCENE. THIS INCLUDED THE DEFENDANT. UPON ARRIVAL, THE PATROL UNITS ADVISED ME THAT DISPATCH HAD RECEIVED A CALL FROM THE MAINTENANCE PERSONNEL AT THE FISH CAMP THAT A WITNESS (DEFENDANT'S GRANDFATHER) LOCATED A BAG CONTAINING A CAN OF COLEMAN AND A YELLOW JUG TO THE REAR OF HIS RESIDENCE. THE DEFENDANT'S GRANDFATHER OPENED THE YELLOW CONTAINER AND WAS ALMOST OVERCOME BY THE CHEMICAL. IT WAS AT THIS TIME THAT THE DEFENDANT'S GRANDFATHER CALLED FOR THE MAINTENANCE TO COME OVER AND SEE WHAT HE FOUND. WHEN MAINTENANCE ARRIVED, HE KNEW IT WAS POSSIBLY RELATED TO MANUFACTURING OF METHAMPHETAMINE AND STATED THAT HE WAS GOING TO CONTACT LAW ENFORCEMENT. WHEN HE SAID THIS, THE DEFENDANT, WHO HAD BEEN SITTING ON THE PORCH, CAME OVER TO WHERE THEY WERE STANDING, GRABBED THE TWO CONTAINERS, AND TOOK OFF WITH THEM. THE MAINTENANCE ATTEMPTED TO FOLLOW HIM AND KNEW THAT HE WENT INTO THE AREA OF LOT 8, THEN HE SAW THE DEFENDANT WITH HIS HANDS EMPTY WALKING IN THE OTHER DIRECTION. IT WAS AT THIS TIME THAT MAINTENANCE CALLED THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO). UPON INITIAL PATROL DEPUTIES MAKING CONTACT WITH THE DEFENDANT'S GRANDFATHER, HE CONFIRMED THIS STORY. WHILE PATROL WAS SPEAKING TO THE GRANDFATHER, THE DEFENDANT'S GRANDMOTHER CAME FROM INSIDE THE RESIDENCE AND STATED SHE SAW THE DEFENDANT TAKE A THIRD BOTTLE INTO HER BEDROOM AND WAS NOT SURE WHAT HE HAD DONE WITH IT. THEY ADVISED THE INITIAL PATROL DEPUTY THAT THE DEFENDANT DID NOT LIVE AT THE RESIDENCE. HE HAD ONLY STAYED THE PREVIOUS NIGHT AND GAVE THEM FULL CONSENT TO ATTEMPT TO LOCATE THE BOTTLE. THIS MET WITH NEGATIVE RESULTS. PATROL THEN SPOKE WITH THE DEFENDANT WHO STATED THAT THE TWO ITEMS THAT HE HAD GRABBED AND RAN WITH HE HAD THROWN IN THE WOODS. AFTER FURTHER QUESTIONING, THE DEFENDANT ADVISED THAT HE HAD GIVEN THE TWO BOTTLES THAT WERE OUTSIDE TO AN UNKNOWN PARTY NAMED GARY. HE ALSO ADMITTED TO TAKING A BOTTLE AND HIDING IT INSIDE HIS GRANDMOTHER'S AND GRANDFATHER'S ROOM SAYING THAT IT BELONGED TO HIS BROTHER AND HE DID NOT WANT TO GET IN TROUBLE FOR IT. AT THIS TIME, HE AGREED TO SHOW THE PATROL DEPUTIES WHERE IT WAS IN THE ROOM. HE TOOK THEM INSIDE THE ROOM AND IN THE CLOSET UNDERNEATH SOME CLOTHING REMOVED A METHAMPHETAMINE ONE POT COOK PLACING IT ON A BED. IT WAS AT THIS TIME, PATROL HAD MADE AN INITIAL TELEPHONE CALL TO ME TO RESPOND TO THE SCENE. UPON MY ARRIVAL, THE DEFENDANT WAS READ MIRANDA FROM A PREPRINTED CARD. WHEN ASKED IF HE UNDERSTOOD HIS RIGHTS, HE ADVISED HE DID. IT WAS THEN EXPLAINED TO HIM THAT MY FIRST CONCERN WAS THE SAFETY OF HIS GRANDPARENTS. HE ADMITTED TO TAKING THE ONE POT COOK INTO THE BEDROOM AND HIDING IT. WHEN ASKED ABOUT THE OTHER TWO BOTTLES, HE ADVISED THAT HE HAD GIVEN THEM TO ANOTHER INDIVIDUAL AND HE DID NOT KNOW WHERE HE LIVED. AFTER FURTHER QUESTIONING, HE DID ADVISE THAT HE HAD TAKEN THEM TO AN INDIVIDUAL WHO LIVES AT LOT 8 AND LEFT THEM THERE. AT THIS TIME, I RESPONDED TO LOT 8 WHERE I MADE CONTACT WITH THE TENANT WHO ADMITTED THAT THE DEFENDANT HAD BROUGHT HIM A YELLOW MILK JUG AND A PLASTIC BAG CONTAINING COLEMAN FUEL. WHEN ASKED IF HE WOULD GIVE ME CONSENT TO RETRIEVE THEM, HE ADVISED I COULD. UPON ENTERING HIS RESIDENCE, THE COLEMAN FUEL WAS IN THE KITCHEN AND THE INDIVIDUAL RETRIEVED THE YELLOW MILK CONTAINER FROM THE REFRIGERATOR PLACING IT ON THE FLOOR IN THE KITCHEN. AT THIS TIME, BOTH SCENES WERE CLEARED AND ALL INDIVIDUALS WERE DETAINED. I THEN CONDUCTED DIGITALLY RECORDED INTERVIEWS WITH ALL PARTIES. AN INTERVIEW WAS CONDUCTED WITH THE DEFENDANT'S GRANDFATHER WHO ONCE AGAIN CONFIRMED HIS STORY. I THEN MADE CONTACT WITH THE DEFENDANT'S EX-GIRLFRIEND WHO SHARES A CHILD WITH THE DEFENDANT. SHE ADVISED THAT THEY HAD BEEN BACK DOING METHAMPHETAMINE FOR THE PAST COUPLE MONTHS. SHE ADMITTED TO BUYING EPHEDRINE FOR THE METHAMPHETAMINE COOKS. SHE ALSO ADMITTED THAT THEY WOULD ALL SHARE THE "DOPE". SHE STATED DURING THIS INTERVIEW THAT SHE HAD NEVER SEEN THE DEFENDANT MANUFACTURE, HOWEVER, UPON FIRST ARRIVAL AND INTERVIEWING HER, SHE ADMITTED THAT THE DEFENDANT HAD BEEN HELPING MANUFACTURE AND WAS MANUFACTURING FOR THE PAST MONTH. AT THIS TIME, I CONDUCTED AN INTERVIEW WITH THE DEFENDANT. HE ONCE AGAIN STATED THAT OF THESE ITEMS WERE HIS AND THAT HE DID NOT KNOW WHAT ANY OF THEM WERE, HOWEVER , HE DID ADVISE LATER THAT THE CAN WAS JUST COLEMAN FUEL AND THAT THE MILK JUG WAS ACID. IT SHOULD BE NOTED THAT THE ONLY WAY YOU COULD KNOW THE CHEMICAL INSIDE THE SOLID YELLOW MILK JUG WOULD TO HAVE INTIMATE OR FIRST HAND KNOWLEDGE OF WHAT WAS IN IT. HE DID ADMIT TO BUYING HIS MAXIMUM AMOUNT OF EPHEDRINE THE PAST TWO MONTHS WHICH HE ADVISED WAS FOR THE MANUFACTURING PROCESS. AT THIS TIME, I MADE CONTACT WITH THE TENANT IN LOT 8. UPON CONDUCTING AN INTERVIEW WITH HIM, HE ADVISED THAT THE DEFENDANT HAD OPENED HIS DOOR, CAME RUNNING INTO HIS RESIDENCE, AND TOLD HIM THAT THE "COPS" WERE COMING AND HE NEEDED TO HIDE SOME STUFF AND THEN LEFT. HE ADVISED WHEN HE WALKED OUT FRONT ON HIS FRONT PORCH HE OBSERVED THE CAN OF COLEMAN FUEL AND THE YELLOW MILK JUG. HE THEN PICKED THEM UP AND PUT THEM INSIDE HIS RESIDENCE. HE ALSO ADVISED THAT THE DEFENDANT HAD TOLD HIM THAT IT WAS A CAN OF COLEMAN AND ACID INSIDE THE YELLOW MILK JUG. AT THIS TIME, I RETRIEVED THE ONE POT METHAMPHETAMINE COOK FROM INSIDE THE DEFENDANT'S GRANDFATHER'S BEDROOM, TAKING IT OUTSIDE, DRAWING SAMPLES FOR TESTING. IT WAS ALSO FIELD TESTED FOR METHAMPHETAMINE WHICH TESTED POSITIVE. THIS DEPUTY WAS ABLE TO RETRIEVE SAMPLES IN EXCESS OF 30 GRAMS. ONCE THE ONE POT COOK WAS MADE SAFE, WE REMOVED THE YELLOW MILK JUG IN THE COLEMAN CAN. THE YELLOW MILK JUG WAS MOVED TO A SAVE LOCATION WHERE THE TOP OF THE CONTAINER WAS BREACHED. THROUGH MY EXPERIENCE AND TRAINING AND THE USE OF ACIDIC PAPER, IT DID CONCLUDE THAT THE CONTAINER CONTAINED ACID. ALL ITEMS WERE MADE SAFE, TURNED OVER TO HAZMAT FOR TRANSPORT TO THE CITRUS COUNTY LANDFILL FOR DESTRUCTION. THIS DEPUTY TURNED SAMPLES INTO THE CCSO EVIDENCE SECTION. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT WHERE HIS BOND WAS SET AT $400,000.00 PER THE BOND SCHEDULE. "IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE ADA COORDINATOR AT THE OFFICE OF THE TRIAL COURT ADMINISTRATOR, CITRUS COUNTY COURTHOUSE, 110 NORTH APOPKA AVENUE, INVERNESS, FLORIDA 34450, TELEPHONE (352) 341-6700, AT LEAST 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOUR ARE HEARING OR VOICE IMPAIRED, CALL 711.” *NOT-EXEMPT* |
