| Probable cause affidavit: |
SUBMITTED BY: SEROCKI, ED 0322 (AR10118092) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO WIT: A SHED ON THE VICTIMS' PROPERTY, LOCATED AT 1487 WEST BRANDYWINE STREET, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MR AND MS NASH, WITHOUT SAID PERSONS' CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATE STATUTE 810.02(1)(4)(A). DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: A CRAFTSMAN ELECTRIC WELDER, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), WITH THE INTENT TO EITHER TEMPORARILY OR PERMANENTLY DEPRIVE THE VICTIMS 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 STATE STATUTE 812.014(2)(C)(1). did unlawfully traffic in or endeavor to traffic in property that HE knew or should have known was stolen, to wit: A CRAFTSMAN ELECTRIC WELDER, the property of THE VICTIMS, in violation of Florida STATE Statute 812.019(1). ON 112210, THE VICTIMS REPORTED THAT THEY HAD ARRIVED HOME AFTER BEING GONE FROM 111910 TO 112110 AND DISCOVERED THAT A CRAFTSMAN ELECTRIC WELDER WAS MISSING FROM THEIR SHED. THE VICTIMS HAD NOTICED THIS ON SUNDAY, 112110, AND DECIDED THAT BECAUSE NO PAWNSHOPS WERE OPEN THEY WOULD CHECK A NEARBY AUTOMOTIVE REPAIR SHOP WHICH WAS OPEN. THEY SPOKE WITH THE OWNER WHO STATED THAT HE HAD IN FACT PURCHASED A WELDER FOR $30 EARLIER IN THE DAY. THE VICTIMS' DESCRIBED TO THE OWNER SEVERAL STICKERS THAT WERE ON THE WELDER TO INCLUDE A K&N STICKER, A SUMMIT RACING STICKER, AND A STICKER FROM A SIMPSONS TELEVISION SHOW CHARACTER KNOWN AS RALPH WIGGUMS WITH THE WORDS "EVEN MY BOOGERS ARE SPICY". THE VICTIMS STATED THAT THE OWNER NOTICED THE STICKERS DID MATCH AND DID RETURN THE WELDER TO THE VICTIMS. THE BUSINESS OWNER ALSO STATED THAT A SUBJECT BY THE NAME OF MR JOHN MCNEEL (DEFENDANT) HAD SOLD HIM THE WELDER. ON 112410, THIS DETECTIVE MADE CONTACT WITH THE BUSINESS OWNER WHO PROVIDED ME WITH A SWORN WRITTEN STATEMENT THAT HE HAD PURCHASED THE WELDER FROM MR JOHN MCNEEL WHOM HE PERSONALLY KNOWS. THIS DETECTIVE THEN RESPONDED TO MR MCNEEL'S RESIDENCE WHERE HE WAS PLACED INTO CUSTODY AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS READ MIRANDA WARNINGS FROM A PREPRINTED CARD, STATED HE UNDERSTOOD THEM, AND ADVISED HE WOULD BE WILLING TO SPEAK WITH ME. THE DEFENDANT STATED HE HAD KNOWLEDGE THAT THE VICTIMS' WERE GOING OUT OF TOWN FOR THE WEEKEND AND HAD IN FACT ON FRIDAY, 111910, ASSISTED THEM IN MOVING A CARPORT BECAUSE A WELL DRILLING COMPANY WAS DUE TO START WORK AT THEIR RESIDENCE. HE FURTHER STATED THAT ON SUNDAY, 112110, HE WALKED TO THE VICTIMS' PROPERTY AS THEY ARE NEIGHBORS AND LOOKING INTO THE SHED SAW THE WELDER AND DECIDED TO TAKE IT. HE FURTHER STATED THAT HE PLACED IT INTO HIS VEHICLE AND DROVE IT TO THE AUTOMOTIVE REPAIR SHOP WHERE HE SOLD IT FOR $30. HE STATED THAT HE NEEDED THE EXTRA MONEY FOR THANKSGIVING AND BECAUSE HE IS ON DISABILITY HE HAS A LIMITED INCOME. THIS INTERVIEW WAS DIGITALLY RECORDED. THE DEFENDANT WAS INFORMED HE WOULD BE CHARGED WITH ONE COUNT OF BURGLARY TO A STRUCTURE, ONE COUNT OF GRAND THEFT, AND ONE COUNT OF DEALING IN STOLEN PROPERTY. DUE TO THE DEFENDANT'S COOPERATION IN THIS INVESTIGATION, HE WILL BE RELEASED ON HIS OWN RECOGNIZANCE (ROR) IN LIEU OF BOND. "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 your are hearing or voice impaired, call 711.” *not-exempt* |
