Probable cause affidavit: |
SUBMITTED By: FARKAS, STEVEN 0408 (AR11118922) did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: A MAKITA CHAINSAW, A MAKITA CIRCULAR SAW, AN IMPACT WRENCH, A TOOL SET AND A BATTERY CHARGER, the property of THE VICTIM, MR JEROME BOWERS, in violation of Florida Statute 812.019(1); KNOWINGLY GAVE FALSE VERIFICATION OF OWNERSHIP OF A MAKITA CHAINSAW, A MAKITA CIRCULAR SAW, AN IMPACT WRENCH, A TOOL SET AND A BATTERY CHARGER AND THE DEFENDANT GAVE A FALSE OR ALTERED IDENTIFICATION AND WHO RECEIVED MONEY IN THE AMOUNT OF $130.00 FROM NEAL'S PAWNBROKER FOR A MAKITA CHAINSAW, A MAKITA CIRCULAR SAW, AN IMPACT WRENCH, A TOOL SET AND A BATTERY CHARGER, VALUED AT LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 593.001(8)(B)(8)(A); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A MAKITA CHAINSAW, A MAKITA CIRCULAR SAW, AN IMPACT WRENCH, A TOOL SET AND A BATTERY CHARGER, 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 UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A 0357 MAGNUM FIREARM, 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)(5). ON 011211, IT WAS REPORTED BY THE VICTIM, MR JEROME BOWERS, THE THEFT OF HIS SMITH AND WESSON .357 FIREARM AND HIS MAKITA CHAINSAW FROM HIS RESIDENCE AT 6021 WEST MEADOW STREET, IN HOMOSASSA. ON 11911, UPON FURTHER INVESTIGATION BY THIS DETECTIVE IT WAS LEARNED THAT THE DEFENDANT, MR JAMES GUILLORY, DID PAWN A MAKITA CHAINSAW ON 100410 AT NEAL'S PAWNSHOP IN HOMOSASSA. TELEPHONE CONTACT WAS THEN MADE WITH NEAL'S PAWNSHOP IN AN ATTEMPT TO PLACE A HOLD ON THE CHAIN SAW. I WAS THEN INFORMED THAT THE VICTIM AND HIS WIFE CAME TO THE PAWNSHOP AND IDENTIFIED THE STOLEN CHAINSAW AS BELONGING TO THEM. THE CHAINSAW WAS RETURNED TO THE VICTIM BY THE PAWNSHOP. IN ADDITION, THE VICTIM WAS MADE AWARE OF ADDITIONAL ITEMS PAWNED BY THE DEFENDANT. THE VICTIM AT THAT TIME FURTHER IDENTIFIED A BATTERY CHARGER, A TOOL SET AND AN IMPACT WRENCH AS BELONGING TO HIM. THE VICTIM WAS NOT AWARE AT THE TIME OF THE REPORT THAT THESE ITEMS WERE STOLEN. THESE ITEMS WERE ALSO RETURNED TO THE VICTIM. ON 012011, CONTACT WAS MADE WITH THE VICTIM AT HIS RESIDENCE WHERE HE PROVIDED ME WITH A SWORN WRITTEN STATEMENT WHICH STATED AT NO TIME DID THE VICTIM GIVE PERMISSION TO THE DEFENDANT TO REMOVE THESE ITEMS FROM HIS RESIDENCE AND PAWN THEM, NOR WAS THE ITEMS GIVEN TO THE DEFENDANT AS A GIFT. THE DEFENDANT DID PAWN THE TOOL SET ON 082010 AND RECEIVED $20.00. THE BATTERY CHARGER WAS PAWNED ON 090810 AND THE DEFENDANT RECEIVED $20.00. THE CHAINSAW WAS PAWNED ON 10410 AND THE DEFENDANT RECEIVED $75.00. THE CIRCULAR SAW WAS PAWNED ON 100410 AND THE DEFENDANT RECEIVED $10.00. THE IMPACT WRENCH WAS PAWNED ON 100510 AND THE DEFENDANT RECEIVED $5.00. ALL ITEMS HAVE BEEN INDENTIFIED BY THE VICTIM AS STOLEN. ON 012011, CONTACT WAS MADE WITH THE DEFENDANT BY DEPUTY ADAM FERGUSON WHO WAS INFORMED BY THIS DETECTIVE THAT PROBABLE CAUSE EXISTED FOR THE DEFENDANT'S ARREST. DEPUTY FERGUSON HANDCUFFED (DOUBLE LOCKED) THE DEFENDANT IN BACK, PLACED THE DEFENDANT UNDER ARREST AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. CONTACT WAS MADE WITH THE DEFENDANT BY THIS DETECTIVE AND HE WAS ADVISED FOR THE REASON OF THE CONTACT. THE DEFENDANT INITIALLY DECLINED TO SPEAK WITH US AND REQUESTED AN ATTORNEY, HOWEVER PRIOR TO DEPARTING THE INTERVIEW ROOM, THE DEFENDANT STATED HE WANTED TO CONTINUE TO SPEAK WITH US. THE DEFENDANT WAS READ MIRANDA VIA PRE PRINTED CARD AND HE STATED HE UNDER STOOD HIS RIGHTS AND AGREED TO SPEAK WITH US. THE DEFENDANT DENIED ANY KNOWLEDGE OF THE STOLEN ITEMS AND DENIED BEING INVOLVED IN THEIR DISAPPEARANCE OR HAVING ANY KNOWLEDGE OF WHERE THE ITEMS MAY BE LOCATED. THE DEFENDANT FURTHER DENIED ANY INVOLVEMENT IN THE THEFT OF THE STOLEN FIREARM. THE DEFENDANT'S STATEMENT WAS DIGITALLY RECORDED. THE DEFENDANT'S BOND IS SET AT $39,000.00 ACCORDING TO THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |