| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (AR09109101) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: ONE SAMSUNG DELVE CELLULAR TELEPHONE ($319.00), ONE KINGSTON EIGHT GIGABYTE SD CARD ($80.00) AND TWO $100.00 BILLS 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 STATUTE 812.014(2)(C)(1) AND did unlawfully traffic in or endeavor to traffic in property that HE knew or should have known was stolen, to-wit: THE SAMSUNG DELVE CELLULAR TELEPHONE, the property of THE VICTIM, in violation of Florida Statute 812.019. ON 051609, AT APPROXIMATELY 0915 HOURS, I WAS DISPATCHED TO THE ALLTEL STORE LOCATED AT 2625 EAST GULF TO LAKE HIGHWAY IN REFERENCE TO A THEFT. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, WHO ADVISED THAT EARLIER IN THE WEEK A KNOWN SUSPECT (LATER IDENTIFIED AS THE DEFENDANT, MR ERVIN MAY) , WHO WAS IN THE STORE PAYING HIS BILL, HAD STOLEN HER CELLULAR TELEPHONE. THE VICTIM FURTHER ADVISED AFTER REVIEWING THE SECURITY CAMERA FOOTAGE FROM 050709 AT APPROXIMATELY 1930 HOURS, THEY OBSERVED THE DEFENDANT, IDENTIFIED BY HIS ALLTEL BILL AS MR ERVIN MAY, PICK UP THE VICTIM'S CELLULAR TELEPHONE FROM THE BACK DESK AT THE STORE. THE DEFENDANT THEN PLACED THE CELLULAR TELEPHONE IN HIS POCKET AND EXITED THE STORE. THE DEFENDANT WAS ALSO WITH A WHITE FEMALE WHO APPEARED TO BE TALKING OR DISTRACTING THE SALES PERSON AS THE DEFENDANT STOLE THE TELEPHONE. A SHORT TIME AFTER THE DEFENDANT LEFT THE STORE; HE RE ENTERED THE STORE AND STARTED SPEAKING WITH A FEMALE WHO WAS SPEAKING WITH A SALES CLERK. AT THAT TIME, BOTH THE MALE DEFENDANT AND THE FEMALE WHO WAS WITH HIM PAID A CELLULAR TELEPHONE BILL FOR THE MR ERVIN MAY FOR $213.15. THE VICTIM WAS ABLE TO CONTACT THE STORE MANAGER AND SHE GRANTED THIS DEPUTY PERMISSION TO REVIEW THE SURVEILLANCE FOOTAGE FROM 050709 AT 1930 HOURS. WHILE OBSERVING THE VIDEO, I OBSERVED A WHITE MALE WITH APPROXIMATELY AGE OF 25-30 YEARS OF AGE WEARING TAN PANTS AND A WHITE T-SHIRT. THE WHITE MALE HAD BROWN HAIR AND A GOATEE/MUSTACHE. THE WHITE MALE WALKED AROUND THE STORE SEVERAL TIMES AND THEN WALKED DIRECTLY TO THE BACK DESK, LOOKED AROUND AND REMOVED THE CELLULAR TELEPHONE FROM THE DESK, PLACED IT IN HIS POCKET AND LEFT THE STORE. WHILE THE WHITE MALE WAS DOING THIS, THE FEMALE WAS STILL SPEAKING WITH THE SALES REPRESENTATIVE. AT APPROXIMATELY 1927 HOURS, THE WHITE MALE RE ENTERED THE STORE AND MADE CONTACT WITH THE FEMALE WHO WAS STILL SPEAKING WITH THE SALES REPRESENTATIVE. AT THAT TIME, THE WHITE MALE PAID ON HIS ACCOUNT WITH A RECEIPT MARKED AT 1932 HOURS, FOR MR ERVIN MAY. THE MANAGER OF THE STORE IS IN THE PROCESS OF MAKING A COPY OF THE VIDEO, WHICH WHEN COMPLETED WILL BE COLLECTED AND TURNED IN TO EVIDENCE. IT SHOULD BE NOTED WHILE OBSERVING the VIDEO FOOTAGE, THIS DEPUTY WAS ABLE TO GET A CLEAR VIEW OF THE WHITE MALE'S FACE. ALSO, THE VICTIM WAS ABLE TO RESEARCH MORE INFORMATION ON THE SUSPECT AND PROVIDED THIS DEPUTY with AN ADDRESS OF 10359 WEST HALLS RIVER ROAD AND A KENTUCKY DRIVER'S LICENSE OF M9805891. AT THAT TIME, THE VICTIM PROVIDED THIS DEPUTY WITH A LIST OF ITEMS THAT WERE STOLEN; A SAMSUNG DELVE CELLULAR TELEPHONE VALUED AT $319.00, AND A KINGSTON EIGHT GIGABYTE SD CARD, VALUED AT $80.00. THE VICTIM ADVISED SHE HAD TWO $100.00 BILLS FOLDED UP IN THE CELLULAR TELEPHONE CASE. AT THAT TIME, THE VICTIM FILLED OUT A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED IN TO RECORDS. THE VICTIM WAS ALSO PROVIDED WITH AN AGENCY CARD BEARING MY NAME AND THIS CASE NUMBER. I THEN CONTACTED DEPUTY RICCI ON THE WEST SIDE AND HE RESPONDED TO NATURE'S RESORT, LOCATED AT 10359 WEST HALLS RIVER ROAD AT which TIME HE WAS ADVISED BY MEMBERS OF MANAGEMENT AT NATURE'S RESORT THAT THE DEFENDANT WAS AN EMPLOYEE AT THE MARINA. AT THAT TIME, DEPUTY RICCI WAS ABLE TO LOCATE THE DEFENDANT AND I RESPONDED TO HIS LOCATION. UPON ARRIVAL, I OBSERVED THE DEFENDANT TO BE THE WHITE MALE SUBJECT I HAD OBSERVED ON THE SURVEILLANCE VIDEO AT THE ALLTEL STORE. UPON SPEAKING WITH THE DEFENDANT, HE WAS READ HIS MIRANDA VIA PRE PRINTED CARD AT which TIME HE ADVISED HE UNDERSTOOD HIS RIGHTS and AGREED TO SPEAK WITH ME. THE DEFENDANT WAS ASKED IF HE KNEW WHY THIS DEPUTY WAS THERE AND HE WAS DETAINED, TO WHICH THE DEFENDANT ADVISED NO. THE DEFENDANT WAS THEN ADVISED HE WAS UNDER ARREST, DUE TO VIDEO FOOTAGE SHOWING HIM STEALING A CELLULAR TELEPHONE FROM THE ALLTEL STORE ON 050709. THE DEFENDANT DID THEN ACKNOWLEDGE STEALING THE CELLULAR TELEPHONE FROM THE STORE. WHEN ASKED WHAT THE DEFENDANT HAD DONE WITH THE CELLULAR TELEPHONE, HE ADVISED HE HAD SOLD IT TO KELLY CELLULAR LOCATED ON U S HIGHWAY 19, JUST SOUTH OF HALLS RIVER ROAD. HE ADVISED HE HAD received $80.00 CASH FOR THE CELLULAR TELEPHONE. THE DEFENDANT ADVISED HE HAD USED THE $200.00 IN CASH FOR VARIOUS PURCHASES and DID NOT HAVE ANY OF IT LEFT. I THEN ASKED THE DEFENDANT IF HE HAD THE EIGHT GIGABYTE SD CARD FROM THE VICTIM'S TELEPHONE OR IF HE HAD SOLD IT WITH THE CELLULAR TELEPHONE. AT FIRST THE DEFENDANT STATED HE DID NOT KNOW THE VICTIM'S CELLULAR TELEPHONE HAD A CARD, BUT SHORTLY THEREAFTER, THE DEFENDANT ASKED THIS DEPUTY IF IT WOULD HELP HIS CASE IF HE WOULD BE HONEST ABOUT THE WHEREABOUTS OF THE SD CARD. AT THAT TIME, THE DEFENDANT STATED THE SD CARD WAS CURRENTLY IN HIS CELLULAR TELEPHONE, WHICH THE DEFENDANT HAD ON HIS PERSON WHEN ARRESTED. WHEN ASKED IF THE DEFENDANT HAD ERASED THE VICTIM'S PICTURES HE STATED YES AND THAT HE WANTED TO DELETE PHOTOGRAPHS HE HAD TAKEN SINCE THE THEFT OF THE CARD. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. DEPUTY RICCI STAYED with THE DEFENDANT AND MADE CONTACT WITH THE DEFENDANT'S WIFE, WHO WAS IDENTIFIED AS THE FEMALE PARTY WITH THE DEFENDANT AT THE ALLTEL STORE. IN SPEAKING WITH THE DEFENDANT'S WIFE, SHE WAS READ HER MIRANDA RIGHTS VIA PRE PRINTED CARD, DUE TO THE FACT THAT IT APPEARED ON THE VIDEO SURVEILLANCE THAT SHE WAS ASSISTING IN THE THEFT OF THE CELLULAR TELEPHONE BY THE DEFENDANT. IN SPEAKING with THE DEFENDANT'S WIFE, SHE STATED SHE DID NOT KNOW THAT THE DEFENDANT HAD STOLEN THE CELLULAR TELEPHONE UNTIL APPROXIMATELY THREE DAYS AGO, AT which TIME, SHE ADVISED HIM TO GET RID OF THE CELLULAR TELEPHONE AND THREATENED TO DIVORCE HIM IF HE MADE ANY OTHER ACTIONS OF THIS NATURE. THE DEFENDANTS' WIFE ADVISED THEY HAD DRIVEN TO KELLY CELLULAR, WHERE THE DEFENDANT HAD SOLD THE TELEPHONE FOR AN UNKNOWN AMOUNT OF CASH. SHE ADVISED SHE DID NOT K NOW ANYTHING ABOUT ANY CASH BEING INSIDE THE CELLULAR TELEPHONE OR ABOUT THE SD CARD THAT WAS PREVIOUSLY INSIDE THE VICTIM'S TELEPHONE. THE DEFENDANT'S WIFE AGREED TO FILL OUT A SWORN WRITTEN STATEMENT, WHICH WILL LATER BE TURNED IN TO RECORDS. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT'S CELLULAR TELEPHONE WAS REVIEWED FOR PHOTOGRAPHS, WHICH REVEALED NUMEROUS PICTURES TAKEN, AND MOST OF THEM DID HAVE THE DEFENDANT IN THEM, ON OR AFTER 050809, UNTIL 051609. THE PHOTO CARD WILL BE TAKEN IN TO CUSTODY and TURNED OVER TO THE VICTIM. ALL PROPER DOCUMENTATION WILL BE FILLED OUT AND TURNED IN TO RECORDS. THE DEFENDANT DID AGREE TO FILL OUT A SWORN WRITTEN STATEMENT WHICH WILL ALSO BE TURNED IN TO RECORDS. THE DEFENDANT WAS BOOKED FOR GRAND THEFT WITH $2,000.00 AND DEALING IN STOLEN PROPERTY WITH A BOND OF $5,000.00. *NOT-EXEMPT* |
