| Probable cause affidavit: |
SUBMITTED BY: VALDES-ROIG, CARLOS 0520 (AR07003893) Did unlawfully enter or remain in a certain dwelling or curtilage thereof, located at 9149 WEST TONTO DRIVE, IN CRYSTAL RIVER in the County and State aforesaid, the property of THE OWNER, as owner or custodian thereof, without said person's consent, with the intent to commit an offense therein, to-wit: THEFT, in violation of Florida Statute 810.02 AND did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of THE VICTIM, to-wit: A MOTOROLA CELLULAR TELEPHONE, A RCA STEREO, A PORTABLE RADIO, A JEWELRY BOX, MISCELLANEOUS JEWELRY, AN AIR COMPRESSOR, TWO LAMPS AND TWO CHRISTMAS DOLLS, of the value of three hundred dollars ($300.00) or more, but less than ($3,000.00) by exercising control over said property 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 knew or should have known that said property was stolen, in violation of Florida Statutes 812.014. ON 071107, I WAS DISPATCHED TO 9149 WEST TONTO DRIVE, IN REFERENCE TO A BURGLARY THAT HAD OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT/DAUGHTER OF THE VICTIM, WHO ADVISED THAT HER MOTHER'S BELONGINGS HAD BEEN STOLEN BY AN UNKNOWN MALE. THE COMPLAINANT STATED SHE SUSPECTED A WHITE MALE, WITH AN ADDRESS OF 9340 WEST TONTO DRIVE BY THE NAME OF MR JOHN RICHARD SEXTON. THE COMPLAINANT STATED THE VICTIM HAD DEMENTIA AND SHE CANNOT RECALL MANY THINGS, SO SHE WOULD SPEAK ON BEHALF OF THE VICTIM. WHILE SPEAKING WITH THE COMPLAINANT AND CONDUCTING MY INVESTIGATION, SHE ADVISED THE VICTIM'S STEREO, PORTABLE RADIO AND A MOTOROLA CELLULAR TELEPHONE HAD BEEN REMOVED FROM THE LIVING ROOM AREA. THE COMPLAINANT STATED SHE PICKED UP THE VICTIM EARLIER IN THE DAY AND THE VICTIM WAS LOOKING FOR HER CELLULAR TELEPHONE, AT WHICH TIME, THE COMPLAINANT ADVISED SHE CALLED THE VICTIM'S CELLULAR TELEPHONE AND AN UNKNOWN MALE ANSWERED THE TELEPHONE. WHILE GATHERING THE INFORMATION, I CALLED THE VICTIM'S CELLULAR TELEPHONE WITH MY CELLULAR TELEPHONE TO MAKE CONTACT WITH THE UNKNOWN PERSON WHO HAD STOLEN THE TELEPHONE. AT THAT TIME, IT WENT STRAIGHT TO VOICEMAIL. THE COMPLAINANT ADVISED THAT MR JOHN RICHARD SEXTON, THE NEIGHBOR OF THE VICTIM, LEFT A MEDICINE BOTTLE ON TOP OF THE KITCHEN COUNTER, WHICH THE VICTIM DID NOT RECALL LETTING HIM INSIDE THE RESIDENCE. I RESPONDED TO 9340 WEST TONTO DRIVE, WHERE I OBSERVED A WHITE MALE OUTSIDE THE RESIDENCE CLEANING HIS RECREATIONAL VEHICLE (RV). I MADE CONTACT WITH THE DEFENDANT, LATER IDENTIFIED AS THE DEFENDANT, MR JOHN SEXTON. I ADVISED THE DEFENDANT I NEEDED TO SPEAK WITH HIM IN REFERENCE TO AN INCIDENT THAT OCCURRED DOWN THE STREET. THE DEFENDANT STATED, "SURE LET'S WALK TO THE SHADE." AS WE WERE WALKING BACK UNDER THE TREES, ON MY PERSONAL CELLULAR TELEPHONE, I CALLED THE VICTIM'S CELLULAR TELEPHONE. AT THAT TIME, I HEARD A CELLULAR TELEPHONE RINGING FROM IN DEFENDANT'S BACK POCKET. I THEN HUNG UP THE TELEPHONE AND CALLED IT AGAIN TO MAKE SURE THAT IT WAS NOT A COINCIDENCE. AT THAT TIME, THE TELEPHONE RAN AGAIN AND THE DEFENDANT STATED, "OKAY YOU CAUGHT ME." I THEN STATED TO THE DEFENDANT, "I CAN'T BELIEVE YOU WENT INSIDE THAT LADY'S HOUSE." THE DEFENDANT STATED, "YEAH I WAS DRUNK AND I WENT INSIDE THE HOUSE FROM THE REAR DOOR AND REMOVED SEVERAL ITEMS FROM THE HOUSE." THE DEFENDANT STATED THAT HE WOULD GIVE EVERYTHING HE STOLE TO THE VICTIM IF SHE WOULD NOT PRESS CHARGES. AT THAT TIME, THE DEFENDANT STATED THAT HE GAVE THIS DEPUTY PERMISSION TO ENTER HIS RESIDENCE AND GATHER THE VICTIM'S PERSONAL PROPERTY THAT HE HAD REMOVED TO RETURN TO HER. THE COMPLAINANT, WHO HAD ESCORTED THIS DEPUTY TO THE DEFENDANT'S RESIDENCE, ADVISED SHE WOULD PURSUE CHARGES EVEN THOUGH SHE HAD RECOVERED THE VICTIM'S PROPERTY. AT THAT TIME, THE DEFENDANT WAS PLACED IN TO CUSTODY, AND I READ HIM MIRANDA VIA CARD AND HE AGREED TO KEEP SPEAKING WITH THIS DEPUTY. I THEN PLACED THE DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE. I ASKED THE DEFENDANT IF THERE WAS ANY OTHER PROPERTY INSIDE THE RESIDENCE THAT BELONGED TO THE VICTIM, AT WHICH TIME, HE STATED, NO. THE VICTIM THEN RESPONDED TO THE DEFENDANT'S RESIDENCE AND SHE STATED THAT HER JEWELRY BOX HAD ALSO BEEN STOLEN. I ASKED THE DEFENDANT IF HE HAD A JEWELRY BOX THAT BELONGED TO THE VICTIM AND HE STATED YES. HE ADVISED HE WOULD SHOW THIS DEPUTY WHERE THE JEWELRY BOX WAS PLACED. I ESCORTED THE DEFENDANT TO HIS BEDROOM AND HE ADVISED THE JEWELRY BOX WAS UNDER THE BLANKETS. I THEN OBSERVED A GLASS JEWELRY BOX WITH A ROSE PAINTED ON TOP WITH MISCELLANEOUS JEWELRY INSIDE. I PATTED THE DEFENDANT'S RIGHT SHIRT POCKET, WHICH REVEALED TWO EXTRA GOLD RINGS, WHICH HE ADVISED BELONGED TO THE VICTIM. ONCE OUTSIDE THE VICTIM POSITIVELY IDENTIFIED THE RINGS AS BELONGING TO HER. DETECTIVE LUTHER WILLIS RESPONDED TO THE SCENE AND INTERVIEWED THE DEFENDANT. THE DEFENDANT ADVISED DETECTIVE WILLIS HE HAD OTHER ITEMS THAT BELONGED TO THE VICTIM IN THE SPARE BEDROOM. THE OTHER ITEMS THAT WERE LOCATED IN THE SPARE BEDROOM WERE AN AIR COMPRESSOR, TWO LAMPS AND TWO CHRISTMAS DOLLS. THE VICTIM ADVISED THAT ALL THE PROPERTY WAS RETURNED AND SHE POSITIVELY IDENTIFIED EVER SINGLE ITEM. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE HIS BOND WAS SET AT A TOTAL OF $7,0000.00 PER THE BOND SCHEDULE. DEPUTY MARCEL RESPONDED AND TOOK PICTURES OF SOME OF THE STOLEN ITEMS, SEE HIS CRIME SCENE TECHNICIAN REPORT. *NOT-EXEMPT* |
