| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR11121474) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: THE DEFENDANT DID TAKE THE VICTIM'S VEHICLE WITHOUT THE VICTIM'S CONSENT, 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 HER OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTES 812.014(2)(C)(6). ON 062711 AT APPROXIMATELY 1000 HOURS I WAS DISPATCHED TO 6768 NORTH BIG HORN POINT IN HERNANDO, IN REFERENCE TO A STOLEN VEHICLE. WHEN I ARRIVED I MET WITH THE VICTIM, MS CAROL WINSPER. ACCORDING TO THE VICTIM, SHE ARRIVED AT THE ABOVE MENTIONED ADDRESS ON 062611 TO VISIT HER DAUGHTER AND GRANDDAUGHTER FOR A FEW DAYS. SHE SAID SHE WENT TO SLEEP AT APPROXIMATELY 2333 HOURS, AND WHEN SHE AWOKE THIS MORNING AT APPROXIMATELY 0800 HOURS, SHE NOTICED THAT HER VEHICLE HAD SIGNIFICANT DAMAGE TO THE FRONT PASSENGER SIDE FENDER AND HEADLIGHT. THE VICTIM SAID THAT HER VEHICLE HAD NO DAMAGE BEFORE SHE WENT TO SLEEP AND ASSUMED THAT HER GRANDDAUGHTER/DEFENDANT, DESIREE GAURE, HAD TAKEN THE VEHICLE SOME TIME DURING THE NIGHT. THE VICTIM ADVISED SHE QUESTIONED THE DEFENDANT ABOUT THE VEHICLE, AND ACCORDING TO THE VICTIM, THE DEFENDANT ADMITTED TO TAKING IT. THE VICTIM PROVIDED ME WITH A SWORN WRITTEN statement AND AN AUTO THEFT AFFIDAVIT. THE VICTIM ADVISED THAT SHE DID WISH TO PROSECUTE. I THEN SPOKE with THE DEFENDANT, DESIREE GAURE, WHO WAS SITTING ON A LAWN CHAIR IN FRONT OF THE RESIDENCE. I ASKED HER IF SHE HAD TAKEN THE VEHICLE WITHOUT HER GRANDMOTHER'S (VICTIM) AUTHORIZATION, TO WHICH SHE SAID, YES. I THEN READ THE DEFENDANT HER MIRANDA WARNING VIA PRE PRINTED CARD WHERE SHE STATED SHE DID UNDERSTAND THEM AND WAS WILLING TO SPEAK with ME. I THEN ASKED THE DEFENDANT TO EXPLAIN TO ME WHAT haD OCCURRED LAST NIGHT. AFTER A BRIEF HESITATION, THE DEFENDANT SAID THAT SHE TOOK THE KEYS OUT OF HER GRANDMOTHER'S (VICTIM) PURSE WHILE HER GRANDMOTHER WAS SLEEPING AND THEN GAVE THE KEYS TO HER FRIEND, SHYLAH LAROCK, WHO WAS ALSO VISITING. SHE SAID THAT SHYLAH DROVE THE VEHICLE AROUND THE NEIGHBORHOOD WHILE THEY "HUFFED" A CAN OF DUSTER TO GET HIGH. THE DEFENDANT STATED THAT SHYLAH THEN CRASHED IN TO A MAILBOX WHILE SHE WAS GETTING HIGH, BUT THE DEFENDANT DID NOT KNOW WHERE THE MAILBOX WAS LOCATED. THE DEFENDANT SAID THAT THEY RETURNED AND PUT THE VEHICLE AND THE KEYS BACK WHERE HER GRANDMOTHER HAD THEM. I ASKED THE DEFENDANT WHERE I COULD FIND SHYLAH AND SHE SAID SHE WAS IN HER BEDROOM SLEEPING. I THEN WALKED INTO THE DEFENDANT'S BEDROOM, BUT SHYLAH HAD ALREADY LEFT THE RESIDENCE THROUGH THE BACK DOOR. I THEN ARRESTED THE DEFENDANT, WHO WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HER BACK AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. A CRASH REPORT WAS COMPLETED REFERENCE TO INCIDENT NUMBER 11-131829. THE DEFENDANT'S BOND WAS SET AT $2,000.00 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 you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
