| Probable cause affidavit: |
SUBMITTED BY: MULLINS, MARVIN 0493 (AR14-12806) DID IMPOUND OR CONFINE ANIMALS WITHOUT SUFFICIENT FOOD OR WATER IN A PLACE, AND FAILED TO SUPPLY THE ANIMAL DURING SUCH CONFINEMENT WITH A SUFFICIENT QUANTITY OF GOOD AND WHOLESOME FOOD AND WATER, TO WIT: THE DEFENDANT CONFINED MULTIPLE CATS IN AN ABANDONED HOME AND FAILED TO PROVIDE SUFFICIENT FOOD AND WATER, IN VIOLATION OF FLORIDA STATE STATUTE 828.13(2)(A); AND did unlawfully and unnecessarily overload, overdrive, torture, torment, deprive of necessary sustenance or shelter, or unnecessarily or cruelly beat, mutilate, or kill any animal or cause the same to be done, in that SHE did CONFINE MULTIPLE CATS IN AN ABANDONED AIR TIGHT HOME CAUSING THE CATS TO EAT FOOD THROUGH APPROXIMATELY THREE INCHES OF FECES ON THE FLOORS, in violation of Florida Statute 828.12(1). ON 111314, THE CITRUS COUNTY SHERIFF'S OFFICE RECEIVED A COMPLAINT IN REFERENCE TO POSSIBLE ANIMAL CRUELTY AT 8980 SOUTH ZANMAR DRIVE IN FLORAL CITY. DEPUTY CHRISTOPHER HOLLOWAY RESPONDED AND UPON HIS ARRIVAL HE MADE CONTACT WITH ANIMAL CONTROL OFFICER PECKHAM. SHE ADVISED THEY HAD RECEIVED A COMPLAINT IN REFERENCE TO SEVERAL CATS IN A RESIDENCE WHERE NO ONE WAS CURRENTLY LIVING. UPON FURTHER INSPECTION, DEPUTY HOLLOWAY COULD SEE MULTIPLE CATS IN THE WINDOW AND UPON LOOKING INSIDE THE RESIDENCE FROM THE WINDOW, DEPUTY HOLLOWAY COULD SEE APPROXIMATELY 30 TO 40 CATS IN THE LIVING ROOM AREA WITH FECES STREWN THROUGHOUT THE FLOOR. DEPUTY HOLLOWAY THEN CHECKED THE NORTHEAST BEDROOM WINDOW WHERE HE COULD SEE THE DOOR WAS CLOSED AND THERE WERE NUMEROUS CATS WITH FECES ALSO ON THE FLOOR. HE THEN LOOKED IN THE SOUTHEasT BEDROOM WINDOW WHERE HE COULD SEE MULTIPLE CATS, LITTER BOXES OVERFLOWING WITH FECES AND WHAT APPEARED TO BE A CARCASS OF A CAT IN THE MIDDLE OF THE ROOM. AROUND THE REAR OF THE RESIDENCE THERE WERE MULTIPLE TRASH BAGS BLOCKING THE ENTRANCE TO THE REAR PORCH. WHILE CHECKING THE EXTERIOR OF THE RESIDENCE THERE WAS A STRONG AMMONIA ODOR EMITTING FROM THE RESIDENCE. DEPUTY HOLLOWAY DID NOT OBSERVE ANY WATER IN THE RESIDENCE; HOWEVER, FOOD WAS STREWN ABOUT ON THE FLOOR MIXED IN WITH THE FECES. DEPUTY HOLLOWAY AGAIN SPOKE WITH OFFICER PECKHAM AND SHE ADVISED THAT THE HOMEOWNER/DEFENDANT, MR JOHN CALLAGY, DOES NOT RESIDE THERE AND THROUGH HER INFORMATION which SHE HAD GATHERED ALREADY, HE IS LIVING WITH HIS GIRLFRIEND/CO-DEFENDANT, MS VICTORIA GATTO, AT THE CENTRAL MOTEL IN INVERNESS. DEPUTY HOLLOWAY HAD A DEPUTY MAKE CONTACT WITH THEM AT THE MOTEL IN ROOM NUMBER SIX. THEY WERE ASKED IF THEY WOULD COME DOWN TO THE RESIDENCE AND THEY ADVISED THEY WOULD. OFFICER PECKHAM ADVISED DEPUTY HOLLOWAY SHE HAD ALREADY CONTACTED HAZMAT AND A CRIME SCENE SPECIALIST. HAZMAT ADVISED THEY WOULD RESPOND TO CONDUCT AN AIR QUALITY CHECK TO BE SURE IT WAS SAFE TO ENTER THE RESIDENCE. SHORTLY THEREAFTER, THE DEFENDANT AND CO-DEFENDANT ARRIVED ON SCENE. THE DEFENDANT BEGAN CRYING AS DEPUTY HOLLOWAY APPROACHED HIM, SAYING HE KNEW THE CONDITIONS WERE HORRIBLE. DEPUTY HOLLOWAY ASKED THE DEFENDANT FOR HIS IDENTIFICATION, ALONG WITH THE CO-DEFENDANT'S IDENTIFICATION. DEPUTY HOLLOWAY ALSO ASKED THE DEFENDANT IF IT WAS OKAY TO ENTER THE RESIDENCE TO CHECK ON THE CATS, WHICH HE ADVISED, YES. THE DEFENDANT WAS FEELING SICK AND ASKED FOR EMERGENCY MEDICAL SERVICES TO RESPOND DUE TO THE FACT HE HAS A HEART ISSUE and MULTIPLE HEALTH ISSUES. EMERGENCY MEDICAL SERVICES RESPONDED AND TRANSPORTED THE DEFENDANT TO CITRUS MEMORIAL HOSPITAL DUE TO HIS HEALTH CONDITIONS. ONCE HAZMAT ARRIVED ON SCENE, THEY ADVISED DEPUTY HOLLOWAY THAT THE AIR QUALITY INSIDE THE RESIDENCE WAS NOT SAFE TO ENTER, AT WHICH POINT THEY BEGAN TO VENT THE RESIDENCE BY OPENING UP WINDOWS AND PLACING FANS IN FRONT OF THEM. DEPUTY HOLLOWAY WAS ADVISED BY HAZMAT THAT THE AMMONIA WAS OVER 400 PPM AND HE ADVISED THE PH LEVEL WAS HIGH. AFTER APPROXIMATELY 45 MINUTES TO AN HOUR, AFTER VENTING THE HOUSE, IT WAS AGAIN CHECKED AND THE AIR QUALITY HAD IMPROVED. AT THAT TIME, DEPUTY HOLLOWAY PUT ON A TYVEK SUIT, HIS AGENCY ISSUED RESPIRATOR, INCLUDING GLOVES, AND ENTERED THE RESIDENCE. AT THE FRONT OF THE RESIDENCE THE FECES APPEARED TO BE APPROXIMATELY THREE TO FOUR INCHES IN DEPTH AND COVERED THE ENTIRE FRONT FOYER. SOME CATS WERE STILL IN THE LIVING ROOM, BUT MOST APPEARED TO HAVE BEEN SPOOKED BY THE FANS BEING USED TO VENT THE RESIDENCE. IN THE NORTHEAST BEDROOM DEPUTY HOLLOWAY SAW FECES THROUGHOUT THE FLOOR. A SMALL KITTEN WHICH APPEARED TO BE BLIND, WAS SITTING IN FECES WHICH WAS COVERING THE FLOOR. DEPUTY HOLLOWAY CHECKED THE SOUTHEAST BEDROOM WHERE THERE WERE MANY MORE CATS, FECES OVERFLOWING IN THE CAT LITTER BOXES AND FOOD AND FECES THROUGHOUT THE FLOOR NEXT TO A DISH WHICH CONTAINED BLACK WATER. THERE APPEARED TO BE A CAT CARCASS WHICH WAS PARTIALLY DECOMPOSED. DEPUTY HOLLOWAY THEN CHECKED INSIDE THE KITCHEN WHICH ALSO HAD FECES THROUGHOUT THE FLOOR. IN THE GARAGE THERE WAS A PILE OF CAT FOOD NEXT TO MULTIPLE PILES OF FECES. DEPUTY HOLLOWAY THEN EXITED THE RESIDENCE AND ANIMAL CONTROL OFFICERS THEN BEGAN TO CAPTURE THE CATS. DEPUTY HOLLOWAY THEN LEFT THE SCENE AND MADE CONTACT WITH THE DEFENDANT AND THE CO-DEFENDANT AT CITRUS MEMORIAL HOSPITAL. THE DEFENDANT STILL DID NOT APPEAR TO BE FEELING WELL. HE DID ADVISE HE WOULD LIKE TO TURN THE CATS OVER TO CITRUS COUNTY ANIMAL CONTROL. HE DID SIGN A PERMISSION TO TAKE POSSESSION OF THE ANIMALS FORM. HE APPEARED TO HAVE SLURRED SPEECH AND STILL DID NOT FEEL WELL. DEPUTY HOLLOWAY INTERVIEWED THE CO-DEFENDANT IN A SEPARATE ROOM. POST MIRANDA SHE ADVISED THEY WERE AT THE RESIDENCE ON 111214 AND THE CATS WERE GIVEN FRESH WATER. THE CO-DEFENDANT ADVISED SHE DOES THIS ON A DAILY BASIS WITH THE DEFENDANT. SHE ADVISED THAT DUE TO THEIR RECENT CAR ACCIDENT SHE IS THE ONLY ONE WHO HAS BEEN GOING INSIDE THE RESIDENCE FOR THE PAST MONTH OR SO. DEPUTY HOLLOWAY ASKED HER WHERE SHE GAVE THEM WATER AND SHE ADVISED IN THE NORTHEAST BEDROOM. THERE WAS ONE CLEAN WATER DISH AND ON THE SOUTHEAST SIDE THERE WERE TWO DISHES. SHE ALSO ADVISED THERE WERE TWO DISHES IN THE LIVING ROOM. DEPUTY HOLLOWAY ASKED HER WHERE SHE WOULD PUT THE FOOD AND SHE ADVISED SHE WOULD JUST PUT IT ON THE FLOOR ON TOP OF THE FECES DUE TO THERE BEING NO CLEAN DISHES. DEPUTY HOLLOWAY ASKED HER HOW LONG THIS HAD BEEN GOING ON AND SHE ADVISED APPROXIMATELY ONE YEAR, WHEN THE DEFENDANT CAME TO LIVE WITH HER AT THE MOTEL, BECAUSE HE DID NOT HAVE HEAT OR AIR CONDITIONING IN THE RESIDENCE. DEPUTY HOLLOWAY ASKED IF THEY GO TO THE RESIDENCE ON A DAILY BASIS AND SHE ADVISED THEY DO MISS A DAY HERE AND THERE. DEPUTY HOLLOWAY ASKED HER ABOUT THIS WEEK, IF THEY HAD MISSED ANY DAYS, AND SHE ADVISED THEY DID NOT GO ON TUESDAY BECAUSE SHE WAS NOT FEELING WELL. DEPUTY HOLLOWAY ASKED HER HOW THEY BUY THE FOOD FOR THE CATS AND SHE ADVISED THEY PURCHASE IT FROM WAL-MART. DEPUTY HOLLOWAY ASKED HER IF SHE THOUGHT ABOUT THE LIVING CONDITIONS OF THE CATS, AND SHE ADVISED SHE KNEW IT WAS BAD. THE CO-DEFENDANT ADVISED WHEN THEY HAD THE MONEY, THEY WERE GOING TO CLEAN IT UP. DEPUTY HOLLOWAY ASKED HER HOW OFTEN DOES THE DEFENDANT GO INTO THE RESIDENCE, TO WHICH SHE ADVISED THAT HE RECENTLY HAD NOT, BUT HAS MULTIPLE TIMES IN THE PAST. DEPUTY HOLLOWAY THEN LEFT THE HOSPITAL AND GAVE THE SIGNED FORM FOR PERMISSION TO TAKE THE ANIMALS TO OFFICER PECKHAM. ON 111414, I RESPONDED TO THE RESIDENCE TO CONTINUE THIS INVESTIGATION. UPON ARRIVAL, I MADE CONTACT WITH ANIMAL CONTROL OFFICER ANDES, WHO ADVISED THEY WERE STILL RESCUING CATS WITH SOME BEING INSIDE WALLS AND THE ATTIC. I DID APPROACH THE RESIDENCE AND IMMEDIATELY OBSERVED APPROXIMATELY THREE INCHES IN DEPTH OF FECES COMPLETELY COVERING THE FLOOR WITH A SMALL AMOUNT OF FOOD MIXED IN WITH IT. OFFICER ANDES ADVISED THAT SO FAR THEY HAVE RECOVERED THE REMAINS OF AT LEAST FOUR DECEASED CATS FROM DIFFERENT PARTS OF THE RESIDENCE; SOME IN THE STAGES OF DECOMPOSITION AND SOME WERE SKELETAL REMAINS. OFFICER ANDES ADVISED THAT ON 111314, THERE WAS NO WATER IN THE HOUSE AND ALL OF THE BOWLS ON THE FLOOR WERE DRY TO THE TOUCH, EXCEPT THE BOWL OF BLACK WATER. OFFICER ANDES PLACED A FIVE GALLON BUCKET OF WATER INSIDE THE RESIDENCE, AT WHICH TIME THE MAJORITY OF THE CATS RAN TO THE WATER AND ONCE THE WATER FROM THAT BUCKET WAS GONE, SEVERAL CATS BEGAN EATING THE BUCKET. EVERY ROOM IN THE RESIDENCE WAS COVERED IN FECES AND AT THE TIME OF THIS REPORT OFFICER ANDES ADVISED THEY HAD RESCUED APPROXIMATELY 47 CATS AND WERE STILL ACTIVELY FINDING MORE. AFTER REVIEWING THIS CASE WITH SERGEANT CONLEY, IT WAS DETERMINED THAT PROBABLE CAUSE EXISTS FOR CRUELTY TO ANIMALS AND CONFINEMENT OF ANIMALS WITHOUT SUFFICIENT FOOD OR WATER. DUE TO THE DEFENDANT STILL BEING IN the HOSPITAL, I DID TAKE THE CO-DEFENDANT INTO CUSTODY AND TRANSPORTED HER TO THE CITRUS COUNTY DETENTION FACILITY. WHILE I WAS AT THE DETENTION FACILITY, I WAS ADVISED BY CITRUS MEMORIAL HOSPITAL STAFF that THE DEFENDANT WAS going TO BE RELEASED AT APPROXIMATELY 1830 HOURS. WHEN I WAS FINISHED PROCESSING the CO-DEFENDANT'S PAPERWORK, I RESPONDED TO CITRUS MEMORIAL HOSPITAL WHERE I MADE CONTACT WITH THE DEFENDANT WHEN HE WAS RELEASED. I ADVISED HIM I WAS PLACING HIM UNDER ARREST FOR CRUELTY TO ANIMALS AND CONFINEMENT OF ANIMALS WITHOUT SUFFICIENT FOOD OR WATER. THE DEFENDANT WAS THEN SECURED IN THE REAR SEAT OF MY PATROL VEHICLE and TRANSPORTED TO the CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $2,000.00 PER THE BOND SCHEDULE. |
