| Probable cause affidavit: |
SUBMITTED BY: RICCI, ANTHONY 0606 (AR13-8452) DID WILLFULLY AND UNLAWFULLY, OR WHILE IN THE COMMISSION OF ANY FELONY, BY FIRE OR EXPLOSION, DAMAGES OR CAUSES TO BE DAMAGED ANY STRUCTURE, WHETHER THE PROPERTY OF HIMSELF OR HERSELF OR ANOTHER, TO WIT: INTENTIONALLY THREW A LIGHT MATCH WITH ANOTHER BOOK OF MATCHES INTO A VEHICLE INSIDE A STRUCTURE, IN VIOLATION OF FLORIDA STATE STATUTE 806.01(2). ON 122213, AT 0656 HOURS, I WAS DISPATCHED TO A FIRE AT 6862 SOUTH GREENGATE POINT, HOMOSASSA, IN REFERENCE TO A SHED ON FIRE. DISPATCH ADVISED THAT THE COMPLAINANT HAD ADVISED THAT THE SUSPECT, WHOM THEY DESCRIBED AS MR EDWARD KENNEALLY, THE DEFENDANT, WAS PRESENTLY ON THE SCENE AND ATTEMPTING TO PUT THE FIRE OUT WITH A GARDEN HOSE. UPON ARRIVAL AT 0701 HOURS, I OBSERVED A SHED LOCATED IN THE BACK OF THE RESIDENCE, FULLY ENGULFED. IN SPEAKING WITH THE COMPLAINANT, MR GARY TAYLOR, OWNER OF THE PROPERTY, AS WELL AS HIS ROOMMATE/WITNESS, MR JOSH JONES, AND the DEFENDANT IT WAS DETERMINED THAT NO ONE WAS INSIDE THE STRUCTURE CURRENTLY AND THAT THERE WAS A VEHICLE INSIDE. SHORTLY THEREAFTER, FIRE SERVICES ARRIVED ON SCENE AND EXTINGUISHED THE FIRE. WHILE SPEAKING WITH THE COMPLAINANT, HE STATED THAT HE WAS AWOKEN BY THE SMELL OF SMOKE AND OBSERVED THE DEFENDANT OUTSIDE ATTEMPTING TO PUT OUT THE FIRE INSIDE THE SHED. THE COMPLAINANT ADVISED THE SHED WAS AN UNENCLOSED HOMEMADE CARPORT AND THAT THE VEHICLE INSIDE IT BELONGED TO HIS OTHER ROOMMATE, MR MAURICE AYRES (VICTIM). WHILE SPEAKING WITH THE COMPLAINANT THE WITNESS ADVISED THAT HE HAD STRONG SUSPICIOUS THAT THE DEFENDANT HAD SET THE FIRE DUE TO HIM OVERHEARING A VERBAL DISTURBANCE BETWEEN THE DEFENDANT AND THE COMPLAINANT AND A SHORT TIME LATER HE OBSERVED THE FIRE IN THE BACK YARD. I THEN ASKED THE COMPLAINANT TO PROVIDE MORE INFORMATION CONCERNING HIS ARGUMENT WITH THE DEFENDANT, TO which HE STATED THAT HE DID NOT WANT TO PURSUE ANY CHARGES AGAINST THE DEFENDANT. HE ADVISED THAT THE DEFENDANT HAD ARRIVED BACK AT HIS RESIDENCE AFTER BEING AT HIGH OCTANE SALOON AT APPROXIMATELY 0130 HOURS. THEY WERE ARGUING THROUGH THE NIGHT CONCERNING THE DEFENDANTâS ANGER ISSUES AND DISCUSSING HIM POSSIBLY MOVING OUT OF THE RESIDENCE. THE COMPLAINANT ADVISED THAT THE DEFENDANT AND HIS OTHER ROOMMATE/VICTIM, MR MAURICE AYRES, DO NOT GET ALONG AND THAT THE DEFENDANT WAS ALWAYS AGITATED WITH THE VICTIM DUE TO THE FACT THAT HE BELIEVED HIM TO BE A SEX OFFENDER WHO HAD âGOTTEN AWAY WITH IT,â AND THE FACT THAT THE DEFENDANT WAS MOVING OUT OF THE RESIDENCE. THE COMPLAINANT ADVISED THAT THE VICTIM was not AT THE RESIDENCE AND HAD NOT BEEN THERE FOR SEVERAL DAYS. THE COMPLAINANT ADVISED THAT SOMETIME AROUND 0630 HOURS, THEY WERE ARGUING TO WHICH HE INSTRUCTED THE DEFENDANT TO GO OUTSIDE AND COOL OFF. HE THEN WITNESSED THE DEFENDANT LEAVE OUT OF THE FRONT DOOR AND PROCEED TOWARDS THE SIDE OF THE RESIDENCE. A SHORT TIME LATER HE SMELLED SMOKE, WENT OUTSIDE, AND SAW THE DEFENDANT USING A GARDEN HOSE TO PUT THE FIRE ON THE SHED OUT. I THEN MADE CONTACT WITH THE DEFENDANT WHO WAS SLIGHTLY INTOXICATED. I READ THE DEFENDANT HIS MIRANDA WARNINGS FROM A PREPRINTED CARD WITH DEPUTY MERRITT AS A WITNESS, TO WHICH THE DEFENDANT UNDERSTOOD AND WISHED TO SPEAK WITH ME. THE DEFENDANT ADVISED THAT HE RETURNED BACK TO THE RESIDENCE VIA TAXI AND THAT HE HAD GOT IN AN argument WITH THE COMPLAINANT OVER THE VICTIM. HE WAS INSTRUCTED TO COOL OFF, SO HE WENT OUTSIDE. HE PROCEEDED TOWARDS THE SHED. HE THEN TOOK MATCHES OUT OF HIS POCKET, OPENING THE DOOR TO THE VICTIMâS VEHICLE, LIT A MATCH, AND THREW IT INSIDE ALONG WITH ANOTHER BOOK OF MATCHES. THE DEFENDANT ADVISED THAT THE VEHICLE WAS UNLOCKED. A SHORT TIME LATER HE STATED THAT HE WITNESSED THE VEHICLE FULLY ENGULFED, TO WHICH HE PANICKED AND GRABBED THE GARDEN HOSE IN AN ATTEMPT TO EXTINGUISH THE FIRE. THE DEFENDANT ADVISED THAT HE FELT AGITATED ABOUT THE VICTIM STAYING AT THE RESIDENCE AND ALWAYS âGETTING AWAYâ WITH CRIMES AND THAT THE VICTIM WAS NOT MOVING OUT OF THE RESIDENCE BUT HE WAS BEING FORCED TO LEAVE. THE DEFENDANT STATED THAT HE WAS SORRY AND APOLOGIZED AND SAID THAT HE WAS âBEING AN IDIOT.â THE DEFENDANT STATED THAT HE SCRATCHED HIS HEAD AND LEGS VIA DEBRIS FROM THE FIRE WHILE HE WAS EXTINGUISHING IT. CONTACT WAS MADE WITH STATE FIRE MARSHALL WHO ARRIVED ON SCENE AND HE ADVISED THAT THE POSSIBLE ORIGIN OF THE FIRE WAS FROM THE INTERIOR OF THE VEHICLE. HE ALSO RULED OUT THE POSSIBILITY OF AN ACCIDENTAL FIRE DUE to the FACT THAT the VEHICLE DID NOT HAVE A BATTERY. CONTACT WAS MADE with THE VICTIM VIA PHONE. HE ADVISED THAT BOTH HE and THE DEFENDANT HAD BEEN HAVING PERSONAL PROBLEMS ON AND OFF AND THAT HE HAS ANGER ISSUES CONCERNING HIS STAY AT THE RESIDENCE. I ADVISED HIM OF THE CIRCUMSTANCES OF HIS VEHICLE, TO WHICH HE ADVISED THAT THE VEHICLE WAS IN RUNNING CONDITION; HOWEVER, HAD NOT BEEN USED IN YEARS. THE VICTIM STATED HE WISHED TO PURSUE CHARGES. CONTACT WAS MADE WITH THE COMPLAINANT WHO ADVISED HE WISHED TO WAIVE PROSECUTION AND HE SIGNED A WAIVER CONCERNING HIS SHED. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY AND ADVISED THAT HE WAS PLACED UNDER ARREST FOR ARSON. HIS BOND WAS SET AT $3,000.00 PER THE BOND SCHEDULE. A SEARCH OF THE DEFENDANTâS PERSON REVEALED TWO UNLIT MATCHES IN HIS POCKET, WHICH WILL BE TURNED IN TO EVIDENCE. WHILE SPEAKING WITH THE DEFENDANT HE HAD speech ISSUES AND HE ADVISED THAT HIS DISABILITY WAS A PHYSICAL AILMENT, WHICH IS COMMONLY KNOWN AS A FUSED COLLARBONE, NOT A MENTAL AILMENT. DURING A SERIES OF GENERAL QUESTIONING IT WAS REVEALED THAT HE HAD A HIGH SCHOOL EDUCATION AND HIS MENTAL CAPABILITIES APPEARED TO BE THAT OF A NORMAL COMPETENT ADULT. |
