| Probable cause affidavit: |
SUBMITTED BY: STANTON, JOE 0260 (AR08101898) CALLAHAN, CRAIG 0463 DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: BURNED RUBBER MULCH, SHRUBBERY AND SOOT ON THE AWNING OF A PORCH AREA, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)(1.) ON 022608 AT APPROXIMATELY 0128 HOURS, CORPORAL STANTON AND I WERE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY ON AN UNRELATED MATTER WHEN WE OBSERVED A SUSPICIOUS WHITE MALE SUBJECT WHO WAS SITTING UNDER THE PORCH AREA OF COUNTRYSIDE MOTORS WITH A LARGE FIRE BURNING IN FRONT OF HIM, UNDER THE PORCH AWNING. UPON OBSERVING THIS PERSON WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR JOHN HUBBARD, I TURNED MY PATROL VEHICLE AROUND IN AN ATTEMPT TO MAKE CONTACT WITH THE DEFENDANT. UPON DOING SO, I OBSERVED THE FIRE, WHICH WAS NOW GROWING. IT SHOULD BE NOTED THE FLAMES WERE APPROXIMATELY TWO TO THREE FEET HIGH AT THAT TIME. CORPORAL STANTON USED HIS DEPARTMENT ISSUED FIRE EXTINGUISHER TO EXTINGUISH THE FIRE. DUE TO THE FACT THE FIRE WAS DIRECTLY UNDER THE PORCH AWNING AND THE DEFENDANT APPEARED TO HAVE NO EXPLAINABLE REASON FOR BEING AT THAT LOCATION AT THAT TIME OF NIGHT, HE WAS DETAINED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. I ASKED THE DEFENDANT WHY HE WAS AT THE BUSINESS, TO WHICH HE STATED HE HAD BEEN ABANDONED BY ANOTHER PERSON EARLIER IN THE NIGHT, BECAME COLD AND DECIDED TO BUILD A FIRE AT THE BUSINESS IN ORDER TO KEEP WARM. THE BUSINESS WAS INSPECTED AND IT WAS DISCOVERED THAT THE SHRUBBERY SURROUNDING THE AREA OF THE FIRE WAS BURNED. THERE WAS ALSO AN AREA OF BURNED RUBBER LANDSCAPE MULCH AND MINOR SOOT DAMAGE TO THE AWNING AREA OF THE BUSINESS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST, SECURED IN THE REAR SEAT OF DEPUTY SMOLENSKY'S PATROL VEHICLE AND TRANSPORTED BY DEPUTY SMOLENSKY TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. A SHORT TIME LATER, CRIME SCENE TECHNICIAN (CST) DEPUTY SMOLENSKY RETURNED TO THE SCENE, PHOTOGRAPHED THE DAMAGE AND MADE CONTACT WITH THE OWNER OF THE BUSINESS. A STATEMENT WAS RECEIVED FROM THE OWNER OF THE BUSINESS, INDICATING THE DEFENDANT DID NOT HAVE PERMISSION TO BE ON THE PROPERTY OR HAVE PERMISSION TO HAVE A FIRE ON THE PROPERTY. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH DEPUTIES. DURING THE INTERVIEW, THE DEFENDANT STATED THAT AFTER BEING COLD, HE DID START THE FIRE IN AN ATTEMPT TO KEEP WARM. HOWEVER, HE STATED HE DID NOT INTENTIONALLY DESTROY THE PROPERTY AND ADMITTED IT WAS NOT A SMART THING TO DO. THE DEFENDANT ALSO STATED HE HAD STARTED THE FIRE WITH EMPTY BOXES HE FOUND OUTSIDE OF THE BUSINESS, APPROXIMATELY FIFTEEN MINUTES PRIOR TO OUR ARRIVAL. THE DEFENDANT PROVIDED A SWORN WRITTEN STATEMENT WHICH WAS LATER TURNED IN TO RECORDS. THE DEFENDANT'S BOND WAS SET AT $250.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
