| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ROBERT 0505 (AR14-11395) (14-104696) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: 10250 WEST TARA ROAD, IN CRYSTAL RIVER, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.08(1) AND 810.08(2)(B); AND DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIMS, TO-WIT: THE FRONT DOOR OF THE RESIDENCE AND AN ANTIQUE BELL, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)2. ON 073014, I RESPONDED TO 10250 WEST TARA ROAD IN CRYSTAL RIVER IN REFERENCE TO A POSSIBLE BURGLARY IN PROGRESS. UPON ARRIVAL, SERGEANT CASOLA AND DEPUTY CHENOWETH WERE PLACING THE DEFENDANT, MR DUSTIN MCCULLOCH, WHO HAD ALREADY BEEN PLACED IN HANDCUFFS, IN THE REAR SEAT OF DEPUTY CHENOWETH'S PATROL VEHICLE. SERGEANT CASOLA ADVISED AS HE APPROACHED THE FRONT GATE, HE OBSERVED THE DEFENDANT EXITING THE PROPERTY, ALONG WITH A DOG. I THEN RESPONDED DOWN THE LONG DRIVEWAY TO THE INCIDENT LOCATION WHERE I WAS ABLE TO MAKE CONTACT WITH THE RESIDENT, MR MASON CUMMINGS. MR CUMMINGS ADVISED THAT HE WAS IN THE SHOWER AND HEARD HIS WIFE YELLING AT HIS STEPSON TO GET UPSTAIRS. AS HE EXITED THE SHOWER, HE HEARD SOMEONE ON THE FRONT PORCH YELLING THROUGH THE DOOR. HE ASKED WHO WAS THERE AND ADVISED THAT THE DEFENDANT STATED "DUSTIN" OR "JUSTIN", HE COULD NOT DETERMINED WHICH. HE ADVISED THAT THE DEFENDANT THEN TRIED TO FORCE HIS WAY THROUGH THE DOOR, AS MR CUMMINGS RAN UPSTAIRS TO GET HIS PISTOL. AS HE CAME BACK DOWNSTAIRS THE DEFENDANT WAS CONTINUING TO TRY AND FORCE THE DOOR OPEN, AS MR CUMMINGS WAS HOLDING THE DOOR SHUT. HE ADVISED THAT THE DEFENDANT STATED HE NEEDED IN AND THAT HE WAS COMING IN. HE THEN ADVISED THAT THE DEFENDANT LEFT THE FRONT DOOR AND ENTERED THE KITCHEN AREA OF THE RESIDENCE. MR CUMMINGS ADVISED HE COULD HEAR THE DEFENDANT FUMBLING AROUND, KNOCKING SEVERAL THINGS OVER. HE ADVISED THE DEFENDANT FOUND THE SPARE SET OF KEYS THAT WAS HIDDEN ON THE PORCH AND WAS ATTEMPTING TO USE THE KEYS TO OPEN THE FRONT DOOR. HE ASKED THE DEFENDANT WHAT HE WAS DOING. HE ADVISED THE DEFENDANT STATED "I'M COMING IN, HELP ME. I DON'T KNOW WHAT I'M DOING." AS MR CUMMINGS CONTINUED TO HOLD THE DOOR SHUT AND ADVISED THE DEFENDANT THAT IF HE CAME THROUGH THE DOOR THAT HE WAS GOING TO SHOOT HIM. HE ADVISED THAT THE DEFENDANT THEN CALLED TO HIS DOG, SAYING "COME ON DIXIE" AND THEN LEFT THE ENCLOSED PORCH. HE FURTHER ADVISED AFTER DEPUTIES ARRIVED ON SCENE AND OBSERVED THAT THE GLASS SCREEN PORCH DOOR, WHICH HAD BEEN LOCKED, WAS NOW BROKE, ALONG WITH AN ANTIQUE BELL IN THE FRONT YARD. I THEN SPOKE WITH MR CUMMINGS' WIFE, MS MONTYCE VANNESS, AND HER SON, BRANDEN EVANS, WHO STATEMENTS WERE CONSISTENT WITH THAT OF MR CUMMINGS. BOTH MR CUMMINGS AND MS VANNESS PROVIDED SWORN WRITTEN STATEMENTS, WHICH WILL BE TURNED INTO RECORDS. THE DAMAGE TO THE DOOR APPEARED TO BE APPROXIMATELY $200.00 AND THE STAND FOR THE ANTIQUE BELL APPEARED TO BE $100.00. AT THAT TIME, I ADVISED DEPUTY CHENOWETH THAT THE DEFENDANT WAS GOING TO BE PLACED UNDER ARREST. DEPUTY CHENOWETH TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. UPON MY ARRIVAL AT THE DETENTION FACILITY, I MADE CONTACT WITH MR MCCULLOCH. MR MCCULLOCH WAS READ HIS MIRANDA WARNINGS FROM A PREPRINTED AGENCY ISSUED CARD. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND HE WOULD SPEAK WITH ME. MR MCCULLOCH APPEARED TO BE EXTREMELY INTOXICATED. HIS SPEECH WAS SLURRED, HE WAS UNSTEADY ON HIS FEET, HIS EYES WERE BLOODSHOT AND THERE WAS A STRONG ODOR OF ALCOHOL EMITTING FROM AND ABOUT HIS PERSON. WHEN ASKED WHY HE WAS AT THE RESIDENCE, MR MCCULLOCH APPEARED TO BE CONFUSED. HE ADVISED ALL HE REMEMBERS IS HE WAS TRYING TO FIND HIS DOG. WHEN ASKED WHY HE WAS TRYING TO ENTER THE RESIDENCE. HE CONTINUOUSLY ANSWERED HE DID NOT REMEMBER. HE ALSO COULD NOT REMEMBER HOW HE ARRIVED AT THAT RESIDENCE OR WHERE HE HAD BEEN AT FOR THE DAY. I ADVISED MR MCCULLOCH THAT HE WAS BEING CHARGED WITH ONE COUNT OF TRESPASS TO AN OCCUPIED STRUCTURE, ALONG WITH ONE COUNT OF CRIMINAL MISCHIEF. TOTAL BOND WAS SET AT $2,000.00. ANIMAL CONTROL OFFICER BO GALLANT RESPONDED TO THE INCIDENT LOCATION AND TRANSPORTED THE DEFENDANT'S DOG BACK TO THE DEFENDANT'S MOTHER'S RESIDENCE AT 7280 NORTH HAZELWOOD DRIVE IN DUNNELLON. |
