| Probable cause affidavit: |
SUBMITTED BY: LAUGHLIN, JEREMY 0617 (12-156593) (AR13-5734) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: RESIDENCE, LOCATED AT 104 SOUTH FILLMORE, BEVERLY HILLS, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(A). DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: APPROXIMATELY $200.00 CASH, OF THE VALUE OF $100.00 OR MORE BUT LESS THAN $300.00, 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, AND THE PROPERTY WAS TAKEN FROM A DWELLING OR FROM THE UNENCLOSED CURTILAGE OF A DWELLING, IN VIOLATION OF FLORIDA STATUTE 812.014(2)(D). ON OR ABOUT 083112, THE VICTIM REPORTED A BURGLARY TO HIS RESIDENCE AT 104 SOUTH FILLMORE STREET, BEVERLY HILLS, FLORIDA. THE VICTIM ADVISED THAT HE HAD AWOKEN AT HIS RESIDENCE AND HAD LOCATED THE DEFENDANT, MR JAMES WHEELER, LYING ON THE FLOOR OF HIS RESIDENCE. HE CONFRONTED THE DEFENDANT ABOUT BEING IN HIS RESIDENCE UNINVITED AND THE DEFENDANT ASKED TO SPEAK WITH THE VICTIM OUTSIDE, HOWEVER, THE DEFENDANT TOOK OFF ON FOOT. THE VICTIM ADVISED THAT HE RECEIVED TEXT MESSAGES FROM THE DEFENDANT APOLOGIZING AND WANTING TO REPAY THE VICTIM. THIS DETECTIVE MADE CONTACT WITH THE VICTIM AND OBSERVED THE TEXT MESSAGES FROM THE DEFENDANT APOLOGIZING FOR STEALING FROM THE VICTIM AND THAT HE WOULD REPAY HIM AT A LATER DATE. THE DEFENDANT HAD STATED IN THE TEXT MESSAGE TO THE VICTIM THAT HE IS A DIFFERENT PERSON WHEN USING NARCOTICS. THIS DETECTIVE RESPONDED TO THE RESIDENCE OF THE DEFENDANT AND LEARNED THAT THE DEFENDANT HAD BEEN PLACED IN A DRUG REHAB OUT OF COUNTY. THIS DETECTIVE MADE CONTACT WITH THE DEFENDANTâS MOTHER AND SHE ADVISED THAT SHE WOULD CONTACT THIS DETECTIVE WHEN THE DEFENDANT IS RELEASED FROM THE DRUG REHABILITATION CENTER. ON 052313, THE DEFENDANT, MR JAMES WHEELER, WAS ARRESTED IN THE EARLY MORNING HOURS FOR AN UNRELATED CHARGE. THIS DETECTIVE RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY TO MAKE CONTACT WITH DEFENDANT. UPON MAKING CONTACT WITH THE DEFENDANT, A DIGITALLY RECORDED STATEMENT WAS CONDUCTED IN WHICH MIRANDA WAS READ ON TAPE AND THE DEFENDANT ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. THE DEFENDANT WAS CONFRONTED ABOUT THE ACCUSATIONS FROM THE VICTIM, HOWEVER, HE DENIED THE ACCUSATIONS. HE ADVISED THAT HE HAD STOLEN FROM THE VICTIM, BUT THAT HE HAD BEEN INVITED INTO THE VICTIMâS RESIDENCE. ACCORDING TO THE DEFENDANT, HE ADVISED THAT THE VICTIM HAD CAUGHT HIM STEALING NARCOTICS, SO THE DEFENDANT LEFT THE RESIDENCE DURING THE ALTERCATION THAT ENSUED. THE DEFENDANT FURTHER STATED THAT HE SENT THE APOLOGY TEXT AND INTENDED TO PAY BACK THE VICTIM FOR THE NARCOTICS THAT HE HAD STOLEN. THE DEFENDANT SAID THAT HE HAD KNOWN THE VICTIM AND HAD HELPED HIM MOVE STUFF AND HAD DEALT WITH THE VICTIM REFERENCE NARCOTICS BEFORE. THE DEFENDANT FURTHER ADVISED THAT HE HAD BEEN IN AND OUT OF DRUG REHAB FOR THE LAST NINE MONTHS AND FELT THAT THIS DETECTIVE WAS GOING TO RESPOND TO THE DRUG REHAB IN ORDER TO MAKE CONTACT WITH HIM. WHILE COMPLETING A RECORDED STATEMENT WITH THE DEFENDANT, HE DENIED ANY OTHER INVOLVEMENT WITH SIMILAR OCCUPIED BURGLARIES DIRECTLY LOCATED AROUND HIS RESIDENCE IN BEVERLY HILLS. THESE OTHER BURGLARIES OF OCCUPIED DWELLINGS HAVE OCCURRED IN WHICH THE DEFENDANT HAD BEEN CONFRONTED OR FOUND LYING ON THE FLOOR AND HAD ONLY TAKEN MONEY FROM THE VICTIMS. THE DEFENDANT WAS PLACED UNDER ARREST AND TURNED BACK OVER TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $17,000.00, PER THE BOND SCHEDULE. |
