| Probable cause affidavit: |
SUBMITTED BY: CLARK, SHELLY 0401 (AR15-14107) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: ANDROID RAZOR SMART PHONE, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), 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. ON 020215, THE VICTIM, MR CHARLES GOBER, ADVISED THAT HIS ANDROID PHONE HAD BEEN STOLEN AS REPORTED IN CASE 2015-15352. THE VICTIM STATED THAT HE ALLOWED HIS FRIEND/WITNESS, MS ELIZABETH COLE, TO USE THE PHONE. THE WITNESS ADVISED THAT WHILE VISITING HER SON/THE DEFENDANT, MR JAMES COLE III, AT HIS RESIDENCE, SHE DECIDED TO TAKE A SHOWER. THE WITNESS PLUGGED THE VICTIM'S PHONE IN AND LEFT IT LYING ON THE BED TO CHARGE. WHEN SHE GOT OUT OF THE SHOWER, THE DEFENDANT, HER VEHICLE, AND THE PHONE WERE GONE. THE WITNESSED TRIED TO MAKE SEVERAL ATTEMPTS TO GET THE PHONE BACK, TO NO AVAIL. ON 022615, I MADE CONTACT WITH THE WITNESS WHO ADVISED THAT THE DEFENDANT HAD ADMITTED TO HER THAT HE TOOK THE PHONE AND INFORMED HER THAT IT HAD LATER BEEN STOLEN FROM HIM. ON 030415, CONTACT WAS MADE WITH THE VICTIM AT HIS RESIDENCE. HE ADVISED THAT THE DEFENDANT HAD BEEN STAYING THERE FOR THE PAST SEVERAL DAYS. I ASKED THE VICTIM IF HE STILL WISHED TO PURSUE CHARGES, TO WHICH HE STATED YES. I THEN ASKED FOR THE DEFENDANT TO COME OUTSIDE. I ASKED THE DEFENDANT IF HE HAD TAKEN THE VICTIM'S PHONE AND HE SAID YES, THAT THE PHONE HAD BEEN LOCATED IN THE VEHICLE WHEN HE LEFT THE RESIDENCE. I THEN REMINDED HIM OF THE STATEMENT GIVEN BY THE WITNESS, THAT THE PHONE HAD BEEN LOCATED IN THE BEDROOM. THE DEFENDANT THEN STATED, "OH." I STATED TO THE DEFENDANT, SO YOU ADMIT THAT YOU TOOK THE PHONE, AND HE STATED YES. THE VICTIM PROVIDED A SWORN WRITTEN STATEMENT THAT HE WAS PRESENT WHEN THE DEFENDANT ADMITTED TO ME THAT HE HAD TAKEN THE PHONE. THE DEFENDANT WAS ADVISED THAT HE WAS BEING ARRESTED FOR GRAND THEFT. HE WAS HANDCUFFED (DOUBLE LOCKED), PLACED IN THE REAR SEAT OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS AND AGREED TO SPEAK WITH ME. THE DEFENDANT PROVIDED A SWORN DIGITALLY RECORDED STATEMENT THAT HE HAD PERMISSION TO TAKEN THE WITNESS' VEHICLE AND THE VICTIM'S PHONE AND HAD DONE SO IN THE PAST. THE DEFENDANT WAS CHARGED WITH GRAND THEFT WHERE HIS BOND WAS SET AT $2,000.00. |
