Probable cause affidavit: |
SUBMITTED By: CASOLA, JOSEPH 0314 (AR11121826) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: WARDROBE, LAPTOP COMPUTER, BLACKBERRY CELLULAR TELEPHONE, TOILETRIES, AND PERSONAL HYGIENE ITEMS, 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; AND DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: CLOTHING AND A LAPTOP, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)2. ON 072011, I RESPONDED TO THE RIDGE AREA SUB STATION AT THE REQUEST OF SERGEANT EVAN TO ASSIST HIM WITH A POSSIBLE THEFT INVESTIGATING. UPON ARRIVAL, I MADE CONTACT WITH SERGEANT EVAN WHO STATED THAT HE HAD MADE CONTACT WITH A COMPLAINANT, IDENTIFIED AS MS NINA KLEE. MS KLEE STATED THAT SHE SUSPECTED HER HUSBAND, DEFENDANT JERRY KLEE, OF TAKING HER DAUGHTER'S BELONGINGS TO WIT: HER WARDROBE, HER LAPTOP COMPUTER, HER BLACKBERRY CELLULAR TELEPHONE, HER TOILETRIES, AND PERSONAL HYGIENE ITEMS AND REMOVING THEM FROM THE RESIDENCE. MS KLEE STATED THAT HER DAUGHTER WAS JUST beginning TO MOVE BACK TO HER RESIDENCE AND HER HUSBAND, WHO IS NOT HER DAUGHTER'S BIOLOGICAL FATHER, DID NOT WANT HER MOVING IN. MS KLEE STATED THAT SHE AND HER DAUGHTER HAD LEFT THE RESIDENCE TO GO TO DIFFERENT LOCATIONS AND LEFT THE DEFENDANT BY HIMSELF because HE HAD A JOB TO GO ATTEND TO. THE COMPLAINANT STATED THAT UPON RETURNING BACK TO THE RESIDENCE BETWEEN THE HOURS OF 0930 AND 1000, SHE DISCOVERED THAT HER DAUGHTER'S ENTIRE WARDROBE, COMPUTER, AND OTHER PERSONAL PROPERTY WAS MISSING FROM THE RESIDENCE. THE COMPLAINANT STATED THAT NO ONE had BURGLARIZED THE RESIDENCE AND THE ONLY PERSON THAT HAD ACCESS TO THE RESIDENCE WAS THE DEFENDANT AND HER DAUGHTER. SHE THEN MADE CONTACT WITH HER DAUGHTER VIA TELEPHONE TO CONFIRM IF HER DAUGHTER HAD NOT REMOVED THE MISSING ITEMS. SHE THEN LEARNED THAT HER DAUGHTER HAD NOT REMOVED THE ITEMS FROM THE RESIDENCE. THE COMPLAINANT STATED THAT SHE THEN WENT TO THE SHERIFF'S SUB STATION (RIDGE AREA SUB STATION) TO FILE A COMPLAINT. UPON ARRIVAL AT THE SUB STATION, SHE FOUND THE DEFENDANT ALREADY THERE ATTEMPTING TO FILE A CIVIL COMPLAINT AGAINST HER. UPON MY QUESTIONING OF THE DEFENDANT AS TO IF HE HAD ANY knowledge OF THE MISSING ITEMS, HE AT FIRST DENIED HAVING REMOVED THE ITEMS AND DENIED HAVING ANY KNOWLEDGE OF THE ITEMS EVER BEING AT THE RESIDENCE. DURING THAT TIME THE DEFENDANT BEGAN TO FEEL GUILTY AND EXCLAIMED, "ALL RIGHT I'LL TELL YOU WHERE THE STUFF IS. I DUMPED IT AT THE LAND FILL AND I WILL SHOW YOU WHERE." THE DEFENDANT WILLINGLY ACCOMPANIED ME IN MY PATROL VEHICLE AND WAS TRANSPORTED TO THE COUNTY LANDFILL WHERE I READ THE DEFENDANT MIRANDA VIA CARD, AT WHICH TIME, HE ADVISED HE UNDERSTOOD AND I ASKED HIM THE LOCATION OF THE ITEMS. I HAD THE DEFENDANT EXIT THE VEHICLE AND THE DEFENDANT POINTED OUT TWO LARGE ORANGE IN COLOR DUMPSTERS WHICH ACCEPTED HOUSEHOLD TRASH. THE DUMPSTERS WERE LOCATED IN THE NORTHEAST CORNER OF THE LANDFILL. THE DEFENDANT STATED THAT HE PUT ALL OF THE ITEMS IN PLASTIC TRASH BAGS AND DUMPED THE ITEMS INTO BOTH DUMPSTERS. LANDFILL EMPLOYEES TOOK BOTH DUMPSTERS USING THEIR EQUIPMENT AND DUMPED THE CONTENTS OF THE ITEMS WHERE THE DEFENDANT THEN AGREED TO SEARCH THROUGH THE TRASH AND LOCATE THE MISSING ITEMS. UPON SEARCHING THROUGH THE ITEMS, THE DEFENDANT ALONG WITH THE COMPLAINANT IDENTIFIED AND LOCATED MOST OF THE ITEMS, HOWEVER, SOME OF THE CLOTHING WAS DAMAGED. ALSO THE LAPTOP COMPUTER APPEARED NOT TO BE IN WORKING CONDITION. WE ALSO HAD TO HAVE THE ASSISTANCE OF THE LANDFILL OPERATORS USE HEAVY EQUIPMENT TO ASSIST WITH TRANSPORTING AND DUMPING OF THE DUMPSTER CONTENTS AS WELL AS USING HEAVY EQUIPMENT TO SIFT THROUGH THE CONTENTS. SAID ASSISTANCE CAME TO AN APPROXIMATELY COST $240.00. UPON LOCATING MOST OF THE ITEMS, THE DEFENDANT WAS TRANSPORTED BACK TO THE LANDFILL MAIN OFFICE WHERE HE WAS GIVEN WATER. UPON THE DEFENDANT FINISHING HIS WATER HE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED), AND TRANSPORTED TO THE COUNTY DETENTION FACILITY FOR BOOKING WHERE HIS BOND WAS SET AT $2,500.00. "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* |