| Probable cause affidavit: |
SUBMITTED BY: MELHADO, BRYAN 0618 (AR09112039) DID UNLAWFULLY TAKE FROM THE PURPOSE OR CUSTODY OF CERTAIN PROPERTY, CASH, TO WIT THE VALUE OF $400.00 WITH THE INTENT TO TEMPORARILY OF PERMANENTLY DEPRIVE THE VICTIM OF A RIGHT TO THE PROPERTY OR A BENEFIT THERE OF BY FORCE VIOLENCE OR ASSAULT OR PUTTING THE SAID VICTIM IN FEAR AND IN THE COURSE THEREOF THERE WAS CARRIED A DEADLY WEAPON TO WIT: A HANDGUN, IN VIOLATION OF FLORIDA STATE STATUTE 812.13(2)(A) DID UNLAWFULLY, ACTUALLY AND INTENTIONALLY TOUCH OR STRIKE THE VICTIM AGAINST HIS WILL OR INTENTIONALLY CAUSE BODILY HARM TO SAID PERSON, AND IN THE COMMISSION OF SAID BATTERY DID INTENTIONALLY OR KNOWINGLY CAUSE GREAT BODILY HARM, PERMANENT DISABILITY OR PERMANENT DISFIGUREMENT TO SAID PERSON, IN VIOLATION OF FLORIDA STATE STATUTE 784.045(1)(A)(2). DID, KNOWING HIS DRIVER'S LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUE 322.34(5) did unlawfully enter or remain in a certain conveyance, to-wit: A VEHICLE, the property of THE VICTIM, without said person's consent, with the intent to commit an offense therein, to-wit: the DEFENDANT STOLE A MAGELLAN GPS AND A IPOD TOUCH, and the said conveyance was not open to the public at the time, and the DEFENDANT was not licensed or invited to enter or remain in said conveyance, in violation of Florida Statute 810.02(2)(B) ON 112109 AT 2330 HOURS, I RESPONDED TO SEVEN RIVER'S HOSPITAL WHERE I MET WITH THE VICTIM WHO STATED THAT HE WAS AT A FRIEND'S HOUSE AT APPROXIMATELY 2300 HOURS AND WHEN HE WALKED OUTSIDE TO GO TO HIS VEHICLE, HE COULD CLEARLY SEE THAT SOMEONE WAS SITTING IN THE FRONT SEAT OF HIS VEHICLE WITH THE DOOR PARTIALLY OPEN. AS HE GOT CLOSER HE COULD SEE THE INDIVIDUAL IN HIS VEHICLE WAS THE DEFENDANT, MR DEREK BERNSTEIN WHO THE VICTIM HAS KNOWN PERSONALLY FOR MORE THEN TEN YEARS. WHEN THE VICTIM APPROACHED THE DEFENDANT TO ASK WHAT HE WAS DOING THE VICTIM COULD CLEARLY SEE THAT THE DEFENDANT WAS STEALING HIS MAGELLAN GPS AND IPOD TOUCH. THE DEFENDANT JUMPED OUT OF THE VEHICLE BRANDISHING A PISTOL AND THEN YELLED OUT TO THE OTHER SUSPECT "GET EM". THE OTHER SUSPECT CAME OUT FROM THE SIDE OF THE HOUSE BRANDISHING A SHOTGUN AND SMACKED THE VICTIM IN THE BACK OF THE HEAD SENDING HIM TO THE GROUND. THE VICTIM STATED WHILE HE WAS ON THE GROUND BOTH MR BERNSTEIN AND THE OTHER SUSPECT WERE HITTING HIM WITH THE WEAPONS AND THE DEFENDANT CONTINUED TO HIT THE VICTIM ON THE LEFT SIDE OF HIS FACE WITH THE PISTOL, TELLING HIM HE BETTER GIVE HIM THE MONEY. THE VICTIM ATTEMPTED TO FIND HIS WALLET, WHICH HE DID NOT HAVE ON HIM; HE WAS HOWEVER ABLE TO GIVE THE DEFENDANT THE AMOUNT OF CASH HE HAD ON HIM WHICH WAS APPROXIMATELY $400.00. BOTH SUSPECTS STOPPED HITTING HIM FOR A MOMENT AT WHICH POINT HE CRAWLED BACK TO HIS VEHICLE. THE VICTIM WAS ABLE TO GET INTO HIS CAR AND START IT UP AND WHILE ATTEMPTING TO LEAVE BOTH THE DEFENDANT AND OTHER SUSPECT REACHED INTO HIS VEHICLE IN ATTEMPT TO KEEP HIM FROM LEAVING, AND ALSO TRYING TO FIND MORE CASH WHEN BOTH THE DEFENDANT AND SUSPECT TOOK OFF ON FOOT. THE VICTIM WAS ALSO ABLE TO PROVIDE US WITH A DESCRIPTION OF THE VEHICLE THE DEFENDANT AND SUSPECT HAD BEEN DRIVING, WHICH IS A 1994 CADILLAC GREEN IN COLOR. THE VICTIM WAS ABLE TO PROVIDE THE REGISTERED OWNER'S NAME AND EVEN THE LAST THREE DIGITS OF THE TAG NUMBER, DUE TO SEEING THE DEFENDANT AND THE SUSPECT IN THIS VEHICLE ON A REGULAR BASIS. DEPUTIES BOLO'D THE AREA FOR THE VEHICLE IN CRYSTAL RIVER AND WAS ABLE TO MAKE CONTACT WITH THE VEHICLE WHICH WAS DRIVEN BY THE DEFENDANT, WHO IS A KNOWN HABITUAL TRAFFIC OFFENDER DRIVING ON A SUSPENDED DRIVER'S LICENSE. THE VEHICLE WAS STOPPED AT THE RACE TRACK GAS STATION IN CRYSTAL RIVER ON HIGHWAY 44. CONTACT WAS THEN MADE WITH THE DEFENDANT AND HE WAS ARRESTED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE DEFENDANTS BOND WAS SET AT $87,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
