| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR08105307) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: A CANDY MACHINE, 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 JIM'S CLUB 19, IN VIOLATION OF FLORIDA STATUTE 812.014(3). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF TERRY HUNTER, TO WIT: THE REAR DOOR WHICH CONTAINS THE CHANGE ON A CANDY MACHINE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(B)(1). ON 092008 AT APPROXIMATELY 1600 HOURS, I RESPONDED TO 3383 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA, JIM'S CLUB 19. UPON ARRIVAL, I MADE CONTACT WITH THE OWNER /VICTIM WHO ADVISED THAT LAST NIGHT AT APPROXIMATELY 2330 HOURS THE DEFENDANT WAS SEEN ON VIDEO CAMERA TAKING THE VEND STAR 3,000 CANDY MACHINE WHICH CONTAINED M&MS AND IKE AND MIKE CANDIES AND AN UNKNOWN AMOUNT OF QUARTERS FROM HER ESTABLISHMENT. SHE THEN STATED THAT AT APPROXIMATELY NOON TODAY THE DEFENDANT RETURNED TO JIM'S CLUB 19 WITH THE CANDY MACHINE AND PLACED IT BACK INSIDE THE ESTABLISHMENT. SHE ADVISED THE DEFENDANT THAT SHE WOULD BE PURSUING CHARGES AND THE POLICE WOULD BE CONTACTED IN REFERENCE TO THE THEFT OF THE CANDY MACHINE. THE DEFENDANT ADVISED THAT IT WAS A BAR BET AND THAT HIS FRIEND'S HAD BET HIM HE COULD NOT GET OUT OF THE BAR WITH THE CANDY MACHINE. THE VICTIM ASKED THE DEFENDANT FOR HIS NEW TELEPHONE NUMBER WHICH HE GAVE AND THEN THE DEFENDANT DROVE AWAY. THE VICTIM STATED SHE THEN PROCEEDED TO HER OFFICE WHERE SHE WATCHED THE SECURITY TAPE AND SAW THE DEFENDANT LEAVE THE CLUB WITH THE CANDY MACHINE. I ASKED THE VICTIM IF SHE WOULD BE ABLE TO PROVIDE VIDEO IN WHICH SHE STATED THAT SHE WOULD HAVE TO WAIT UNTIL MONDAY TO CONTACT HER CAMERA COMPANY. I THEN MADE CONTACT WITH THE VICTIM'S HUSBAND, WHO ALSO WORKS AT JIM'S CLUB 19, WHO STATED THAT THE BARTENDER HAD ASKED WHAT HAPPENED TO THE CANDY MACHINE SO HE CALLED THE BARTENDER WHO WAS ON DUTY LAST NIGHT AND SHE SAID SHE DID NOT KNOW SO THEY REWOUND THE SECURITY VIDEO AND SAW THE DEFENDANT TAKING IT FROM THE ESTABLISHMENT. THE VICTIM'S HUSBAND THEN WENT TO THE DEFENDANT'S RESIDENCE AND ASKED HIM WHY HE DID IT. THE DEFENDANT REPLIED THAT IT WAS A DARE. THE VICTIM'S HUSBAND ADVISED THE DEFENDANT THAT HE WAS NO LONGER ALLOWED AT THE BAR AND THAT HE WAS GOING TO REPORT THE CRIME. PHOTOGRAPHS WERE TAKEN OF THE CANDY MACHINE AND THE DAMAGE (SEE CRIME SCENE TECHNICIAN (CST) REPORT). AN AGENCY CASE CARD BEARING MY NAME AND THE CASE NUMBER WAS ISSUED TO THE VICTIM. SHE WAS ADVISED TO CONTACT THIS AGENCY WHENEVER THE VIDEO WAS AVAILABLE FOR PICK UP. AT THAT TIME, THE VICTIM ADVISED THAT THE VEND STAR 3,000 CANDY MACHINE BELONGED TO A VENDOR. SHE ADVISED THAT SHE ATTEMPTED TO CONTACT THE VENDOR LEAVING A MESSAGE ON HIS MACHINE TO RETURN HER CALL. THE VENDOR'S NAME AND TELEPHONE NUMBER WERE RETRIEVED BY THIS DEPUTY. AT THIS TIME, I LEFT THE INCIDENT LOCATION AND PROCEEDED TO 8359 WEST AMELIA COURT IN HOMOSASSA, THE RESIDENCE OF THE DEFENDANT. UPON EXITING MY PATROL VEHICLE, THE DEFENDANT WALKED OUT OF HIS FENCE GATE AND ADVISED THAT HE KNEW THAT WE WOULD BE COMING. WHEN I ASKED HIM WHY, HE STATED THAT LAST NIGHT THEY WERE AT JIM'S CLUB 19 AND WHILE INTOXICATED, A FRIEND HAD DARED HIM TO TAKE THE CANDY MACHINE FROM THE ESTABLISHMENT. HE STATED HE TOOK THE CANDY MACHINE OUTSIDE AND PLACED IT OUTSIDE THE BUILDING AND TODAY AT APPROXIMATELY 1200 HOURS RETURNED THE CANDY MACHINE BACK TO THE INSIDE OF THE BUILDING. HE STATED THAT HE NEVER DAMAGED OR REMOVED ANY ITEMS FROM THE INSIDE OF THE MACHINE THAT HE COULD REMEMBER AND DID NOT UNDERSTAND WHAT THE BIG DEAL WAS THAT HE EXPLAINED TO BOTH THE VICTIM AND HER HUSBAND THAT IT WAS A BET AND THAT HE BROUGHT THE MACHINE BACK AND WAS SORRY FOR WHAT HE DID. THE DEFENDANT WAS THEN ADVISED BY THIS DEPUTY THAT HE WAS BEING PLACED UNDER ARREST FOR THEFT AND VANDALISM TO THE MACHINE. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND THE BACK, SECURED IN THE REAR OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT BOND WAS SET AT $750 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
