Probable cause affidavit: |
SUBMITTED BY: CLARK, CORRY 0711 (AR15-14047) DID KNOWINGLY FAIL TO RESPOND TO THE CITRUS COUNTY SHERIFF'S OFFICE WITHIN 48 HOURS OF ESTABLISHING A PERMANENT, TEMPORARY, OR TRANSIENT RESIDENCE, IN VIOLATION OF FLORIDA STATE STATUTE 943.0435(2)(A). DID KNOWINGLY FAIL TO REGISTER A MOTOR VEHICLE WITH THE CITRUS COUNTY SHERIFF'S OFFICE WITHIN 48 HOURS, IN VIOLATION OF FLORIDA STATE STATUTE 943.0435(2)(B). ON 021915, FLORIDA DEPARTMENT OF LAW ENFORCEMENT WAS NOTIFIED OF A NEW PERMANENT ADDRESS OF 1950 EAST MARY LOU STREET, IN INVERNESS, FOR SEX OFFENDER, MR DYLAN KELLY. CONTACT WAS MADE WITH PROBATION AND CONFIRMED THAT MR KELLY HAD MOVED TO THIS NEW RESIDENCE AND HAD BEEN RESIDING THERE SINCE THE NIGHT OF 021715. ON 022015, MR KELLY UPDATED HIS DRIVER'S LICENSE TO REFLECT A NEW PERMANENT RESIDENCE OF 1950 EAST MARY LOU STREET, IN INVERNESS. PER FLORIDA STATE STATUTE 943.0435(2)(A), THE DEFENDANT HAS 48 HOURS TO RESPOND IN PERSON TO THE CITRUS COUNTY SHERIFF'S OFFICE AFTER ESTABLISHING OR MAINTAINING A PERMANENT, TEMPORARY, OR TRANSIENT RESIDENCE. ON 022315, A CHECK OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT SEX OFFENDER DATABASE REVEALED THAT MR KELLY HAD NOT YET REGISTERED THIS NEW ADDRESS WITH THE CITRUS COUNTY SHERIFF'S OFFICE AS REQUIRED. HIS CURRENT ADDRESS WITH THE CITRUS COUNTY SHERIFF'S OFFICE IS STILL LISTED AS 5327 SOUTH PLEASANT GROVE ROAD, IN INVERNESS. ON 022715, WHILE EN ROUTE TO CHECK THE RESIDENCE OF MR DYLAN KELLY, DEPUTY RAMOS (0515) OBSERVED A MALE SUBJECT DRIVING A MOTOR SCOOTER. WHEN HE ARRIVED AT THE RESIDENCE OF MR KELLY, THE LANDLORD ADVISED THAT THE DEFENDANT HAD JUST LEFT ON A RED MOTOR SCOOTER. DEPUTY RAMOS RESPONDED TO A POSSIBLE ADDRESS OF A FAMILY MEMBER, AT 5425 EAST ARBOR STREET, IN INVERNESS. UPON ARRIVAL AT THIS ADDRESS, THE RED MOTOR SCOOT WAS OBSERVED, BEARING FLORIDA LICENSE PLATE 3874NQ. UPON A DRIVER AND VEHICLE INFORMATION DATABASE CHECK OF THIS LICENSE PLATE NUMBER, IT IS REGISTERED TO MR DYLAN MYLES KELLY, WHICH SHOULD APPEAR ON A RED 2014 TAOI MOTOR SCOOTER. A CHECK OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT SEX OFFENDER DATABASE SHOWED MR KELLY HAD NOT REGISTERED THIS VEHICLE WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT. PER FLORIDA STATE STATUTE 943.0435(2)(B), THE DEFENDANT HAS 48 HOURS TO REPORT ANY CHANGES IN VEHICLES OWNED TO THE SHERIFFâS OFFICE. THIS VEHICLE WAS REGISTERED TO MR KELLY ON 032414. ON 022715, CONTACT WAS MADE WITH THE DEFENDANT, AT 5425 EAST ARBOR STREET, IN INVERNESS, AT WHICH TIME A NONCUSTODIAL INTERVIEW WAS CONDUCTED WITH THE DEFENDANT. THE DEFENDANT WAS ASKED IF HE HAD RESPONDED TO THE CITRUS COUNTY SHERIFF'S OFFICE TO REGISTER HIS NEW ADDRESS, TO WHICH HE REPLIED NO AND STATED THAT HE WAS IN A VEHICLE ACCIDENT AND HE HAD CHANGED HIS DRIVER'S LICENSE TO HIS CURRENT ADDRESS OF 1950 EAST MARY LOU STREET, IN INVERNESS, WHERE HE HAS RESIDED FOR EIGHT TO TEN DAYS; HOWEVER, HE FORGOT TO REPORT IT TO THE SHERIFFâS OFFICE. MR KELLY WAS ALSO ASKED IF HE EVER REGISTERED THE RED MOTOR SCOOTER WITH THE CITRUS COUNTY SHERIFF'S OFFICE, TO WHICH HE REPLIED YES. HE ADVISED THAT HE HAD TWO MOTOR SCOOTERS AND ALSO A MOTOR CYCLE, WHICH HE HAD PREVIOUSLY REGISTERED WITH THE SHERIFFâS OFFICE. I ADVISED THE DEFENDANT THAT THE MOTOR SCOOTER WAS NOT ON FILE. THE DEFENDANT WAS SUBSEQUENTLY ARRESTED, WHERE HE WAS READ MIRANDA, VIA A PREPRINTED AGENCY ISSUED CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK TO ME. THE DEFENDANT STATED ONCE AGAIN THAT HE HAD RESIDED AT 1950 EAST MARY LOU STREET, IN INVERNESS, FOR THE PAST EIGHT TO TEN DAYS. HE ADVISED THAT HE HAD CHANGED THE ADDRESS ON HIS DRIVER'S LICENSE; HOWEVER, HE WAS RECENTLY IN A CAR ACCIDENT AND HAD A LOT GOING ON AND HAD FORGOT TO RESPOND TO THE SHERIFFâS OFFICE TO PROVIDE HIS NEW ADDRESS. THE DEFENDANT WAS HANDCUFFED, (DOUBLE LOCKED) BEHIND HIS BACK, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESS. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF FAILURE OF SEXUAL OFFENDER TO REPORT IN PERSON TO THE CITRUS COUNTY SHERIFF'S OFFICE AFTER ESTABLISHING OR MAINTAINING A PERMANENT, TEMPORARY, OR TRANSIENT RESIDENCE, IN VIOLATION OF FLORIDA STATE STATUTE 943.0435(2)(A), A FELONY OF THE THIRD DEGREE, WITH A $5,000.00 BOND. THE DEFENDANT WAS ALSO CHARGED WITH ONE COUNT OF FAILURE TO REGISTER A MOTOR VEHICLE WITH THE CITRUS COUNTY SHERIFF'S OFFICE WITH 48 HOURS, IN VIOLATION OF FLORIDA STATE STATUTE 943.0435(2)(B), WITH A $5,000.00 BOND. THE DEFENDANTâS TOTAL BOND WAS SET AT $10,000.00, PER THE BOND SCHEDULE. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I MADE CONTACT WITH THE DUTY OFFICER, DEPUTY REESE, WHO ALSO VERIFIED THAT THE DEFENDANT DID NOT REGISTER THE TAOI MOTOR SCOOTER AND THAT THE ONLY VEHICLE SHE SHOWED ON RECORD WAS A 2004 SUZUKI MOTORCYCLE, BEARING FLORIDA LICENSE PLATE 6041NV. |