| Probable cause affidavit: |
SUBMITTED BY: CARRERAS, JOSE 0481 (12-1542AR) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, BEING OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), 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 HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTES 812.014(2)(C)(1). DID KNOWINGLY UTTER, OR PASS OR TENDER IN PAYMENT AS TRUE, ANY SUCH FALSE, ALTERED, FORGED, OR COUNTERFEIT NOTE, OR ANY BANK BILL, CHECK, DRAFT, OR PROMISSORY NOTE, PAYABLE TO THE BEARER THEREOF OR TO THE ORDER OF ANY PERSON, ISSUED AS AFORESAID, KNOWING THE SAME TO BE FALSE, ALTERED, FORGED, OR COUNTERFEIT, WITH INTENT TO INJURE OR DEFRAUD ANY PERSON, IN VIOLATION OF FLORIDA STATE STATUTE, 831.09. DID UNLAWFULLY AGREE, CONSPIRE, COMBINE, OR CONFEDERATE, WITH ANOTHER PERSON OR PERSONS TO COMMIT AN OFFENSE OF CRIMINAL CONSPIRACY, IN VIOLATION OF FLORIDA STATE STATUTE, 777.04(3). ON MAY 30, 2012, I OBTAINED A SURVEILLANCE VIDEO FROM THE KWIK STOP STORE IN CRYSTAL RIVER IN REFERENCE TO A SUBJECT NAMED ERIK HESS CASHING A FORGED CHECK AT THEIR LOCATION. UPON CONTACT WITH THE STORE CLERK, I WAS PROVIDED A COPY OF THE SURVEILLANCE VIDEO ALONG WITH A COPY OF THE SUSPECTSâ DRIVERSâ LICENSE AND PHOTO TAKEN AT THE TIME THE CHECK WAS CASHED. IN REVIEWING THE PHOTO COPY OF THE SUSPECT AND SUSPECTâS DRIVERSâ LICENSE, BOTH PHOTOSâ APPEAR TO PROVIDE A POSITIVE MATCH OF THE SUSPECT ERIK ANDREW HESS. ADDITIONALLY UPON REVIEWING THE SURVEILLANCE VIDEO, THE VIDEO SHOWED MR HESS CASHING THE CHECK WITH AN UNIDENTIFIED FEMALE SUBJECT STANDING NEXT TO HIM. AS A RESULT OF THIS DISCOVERY, I MADE CONTACT WITH THE VICTIM VIA CELLULAR PHONE ON JUNE 11, 2012, WHO ADVISED THAT HE SPOKE WITH ERIK HESS VIA TELEPHONE JUST RECENTLY AFTER HE WAS ABLE TO OBTAIN A CONTACT NUMBER FOR HIM. ACCORDING TO THE VICTIM, DEFENDANT HESS STATED HE DID CASH THE CHECK; HOWEVER, HE CASHED IT AT THE REQUEST OF THE VICTIMâS NEPHEW. THE VICTIM FURTHER STATED THAT HE WAS INFORMED BY DEFENDANT HESS THAT HIS NEPHEWâS GIRLFRIEND WAS WITH HIM AT THE TIME THE CHECK WAS CASHED. BASED ON THIS INFORMATION, I MADE CONTACT WITH DEFENDANT HESS AT HIS WORKPLACE LOCATED IN CRYSTAL RIVER. PRIOR TO ASKING QUESTIONS, I READ DEFENDANT HESS HIS MIRANDA WARNINGS AND ASKED IF HE UNDERSTOOD EACH OF THEM. ONCE DEFENDANT HESS ADVISED THAT HE DID AND WANTED TO CONTINUE SPEAKING WITH ME, I BEGAN ASKING HIM QUESTIONS. IN THE INTERVIEW DEFENDANT HESS ADMITTED TO SPEAKING WITH THE VICTIM OVER THE PHONE TELLING THE VICTIM THAT HE DID CASH THE CHECK, BUT AT THE REQUEST OF THE VICTIMâS NEPHEW. ACCORDING TO DEFENDANT HESS, THE NEPHEW AND HIS GIRLFRIEND ASKED HIM TO DO THEM A FAVOR AND CASH THE CHECK IN HIS NAME BECAUSE THEY HAD NO IDENTIFICATION WITH THEM. WHEN ASKED WHO WROTE HIS NAME ON THE CHECK, DEFENDANT HESS STATED THAT HIS NAME WAS ALREADY WRITTEN ON IT. WHEN ASKED WHY HE STILL CASHED THE CHECK KNOWING HE DIDNâT WORK FOR THE COMPANY âHE SMITHâ, DEFENDANT HESS STATED HE WAS JUST DOING WHAT WAS ASKED OF HIM. DEFENDANT HESS THEN STATED THAT THE NEPHEWS GIRLFRIEND WAS WITH HIM AT THE TIME THE CHECK WAS CASHED. WHEN ASKED IF HE WAS AWARE THAT HE WAS COMMITTING FORGERY CASHING A FORGED CHECK, DEFENDANT HESS BECAME NERVOUS AND STATED HE FELT HE NEEDED LEGAL COUNSEL. I THEN INFORMED DEFENDANT HESS THAT HE WAS BEING PLACED UNDER ARREST FOR UTTERING A FORGED CHECK AND CRIMINAL CONSPIRACY, AND PLACED DEFENDANT HESS IN HANDCUFFS DOUBLE-LOCKED BEHIND HIS BACK. DEFENDANT HESS WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY FERGUSON FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $3,500.00, PER THE BOND SCHEDULE. |
