Probable cause affidavit: |
SUBMITTED BY: SEROCKI, EDWARD 0322 (AR09107549) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN DWELLING OR CURTILAGE THEREOF, TO WIT: LOCATED IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIMS, WITHOUT SAID PERSONS' CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATE STATUTE 810.02(3)(B). DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICITMS, TO WIT: ONE 42 INCH SONY HD TELEVISION (TV), ONE 32 INCH EMERSON LCD TV, ONE XBOX 360 GAME SYSTEM, ONE PLAYSTATION THREE GAME SYSTEM, ONE NINTENDO WII GAME SYSTEM AND 18 ASSORTED GAMES FOR THE GAME SYSTEMS, ONE GATEWAY LAPTOP COMPUTER, ASSORTED HDMI CABLES, ONE APPLE IPOD 30 GB, ONE WIRELESS ROUTER, ASSORTED ADAPTERS FOR THE GAME SYSTEMS, ONE SET OF UNDER ARMOR SHIRT AND SHORTS, ONE ELECTRONIC GARAGE DOOR OPENER, KEY TO THE RESIDENCE, A LAPTOP COOLER AND LAPTOP STAND, OF THE VALUE OF $5,000 OR MORE BUT LESS THAN $10,000 (APPROXIMATELY $7,000) WITH THE INTENT TO EITHER TEMPORARY OR PERMANENTLY DEPRIVE THE VICITMS 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 STATUTES 812.014(1) AND 812.014(2)(C)(2). ON 010209, THE VICTIMS REPORTED A BURGLARY TO THEIR RESIDENCE TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO). THEY FURTHER STATED THAT IT HAD OCCURRED BETWEEN 122608 AND 010209 WHILE THEY WERE ON VACATION. THEY FURTHER STATED THAT THE DEFENDANT HAD BEEN THE ONLY PERSON IN THE RESIDENCE ON THE EVENING OF 122508 WHO HAD NOT ACCOMPANIED THEM ON THEIR VACATION AND THAT THEY HAD DISCOVERED A HOUSE KEY MISSING FROM ONE OF THE VICITMS' KEY RINGS AND A GARAGE DOOR OPENER MISSING FROM ONE OF THE VICITMS' VEHICLES. INVESTIGATION REVEALED THAT THE DEFENDANT CURRENTLY RESIDES IN GAINESVILLE, FLORIDA. ON 020509, THIS DETECTIVE RESPONDED TO THE GAINESVILLE POLICE DEPARTMENT WHERE I MADE CONTACT WITH DETECTIVE KENNEDY. HE THEN ACCOMPANIED ME TO THE DEFENDANT'S RESIDENCE. UPON ARRIVAL AND KNOCKING AT THE DOOR, THE DEFENDANT ALLOWED US TO ENTER. HE WAS INFORMED OF THE REASON FOR OUR PRESENCE AND SUBSEQUENTLY WAS READ MIRANDA WARNING FROM PREPRINTED CARD, STATED HE UNDERSTOOD, AND WAS WILLING TO SPEAK WITH ME. THE DEFENDANT ADMITTED THAT DURING THE EARLY MORNING HOURS OF 122608 HAVING PREVIOUSLY TAKEN A KEY AND GARAGE DOOR OPENER FROM THE VICTIMS' RESIDENCE AND VEHICLE, HE RETURNED TO THE RESIDENCE AFTER THEIR DEPARTURE AND REMOVED SEVERAL ELECTRONIC ITEMS. HE THEN VOLUNTARILY SURRENDERED A 42 INCH SONY TV, A 32 INCH EMERSON TV, AND A 30 GB IPOD, AN XBOX 360 CONSOLE, A WIRELESS ROUTER, 11 ASSORTED VIDEO GAME DISKS, A PAIR OF UNDER ARMOR SHORTS AND SHIRT, A LAPTOP COOLER AND LAPTOP STAND. HE FURTHER ADVISED ME HE BELIEVED HE COULD RETRIEVE THE GATEWAY LAPTOP COMPUTER AND PLAYSTATION THREE SYSTEM. I THEN ARRANGED FOR HIM TO MEET WITH ME ON 020609 AT THE CRYSTAL RIVER SUBSTATION. ON 020609, THE DEFENDANT WAS PRESENT AT THE CRYSTAL RIVER SUBSTATION AND VOLUNTARILY SURRENDERED A GATEWAY LAPTOP COMPUTER, A SONY PLAYSTATION THREE SYSTEM INCLUDING WIRELESS CONTROLLERS AND CHARGING CORDS, AND THREE ADDITIONAL GAME DISKS. HE INFORMED ME THAT THE WII GAME SYSTEM AND ADDITIONAL GAMES FOR THAT SYSTEM WERE IRRETRIEVABLE AS HE HAD GIVEN THEM TO A FRIEND WHO HAD MOVED AWAY TO AN UNKNOWN LOCATION. THE DEFENDANT WAS INFORMED THAT HE WAS UNDER ARREST. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH ONE COUNT OF BURGLARY TO A DWELLING AND ONE COUNT OF GRANT THEFT $5,000 OR MORE BUT LESS THAN $10,000. DUE TO THE DEFENDANT'S COOPERATION IN THIS INVESTIGATION AND THE FACT HE HAD NO PRIOR CRIMINAL HISTORY, IS GAINFULLY EMPLOYED, AND HAS TIES TO THE COMMUNITY AS HIS MOTHER LIVES IN CITRUS COUNTY, HE IS TO BE RELEASED ON HIS RECOGNIZANCE. IT SHOULD BE NOTED THAT THE DEFENDANT DID PROVIDE THIS DETECTIVE WITH A SWORN DIGITALLY RECORDED STATEMENT REGARDING THESE EVENTS. *NOT-EXEMPT* |