| Probable cause affidavit: |
SUBMITTED BY: PRUITT, DODI 0396 (AR13-6855) DID KNOWINGLY AND UNLAWFULLY COMMIT GROSS FRAUD OR CHEAT AT COMMON LAW, IN VIOLATION OF FLORIDA STATE STATUTE 817.29; AND DID KNOWINGLY AND UNLAWFULLY INITIATE, ORGANIZE, PLAN, FINANCE, DIRECT, MANAGE, OR SUPERVISE THE THEFT OF PROPERTY AND TRAFFICS IN SUCH STOLEN PROPERTY, IN VIOLATION OF FLORIDA STATE STATUTE 812.019(2). ON 080913, I RECEIVED AN EMAIL FORWARDED TO ME FROM SERGEANT GLAZE, IN REFERENCE TO A STOLEN KUBOTA TRACTOR FROM BROOKSVILLE. THE EMAIL WAS FROM THE VICTIM ADVISING HE RECEIVED A PHONE CALL FROM AN ANONYMOUS PERSON ADVISING HIS STOLEN TRACTOR WAS SOLD FOR $800.00 AND WAS OFF CHASSAHOWITZKA STREET IN HOMOSASSA. THE EMAIL CONTAINED TWO PHOTOS OF THE STOLEN TRACTOR. UPON VIEWING THE PHOTOS I OBSERVED AN ORANGE KUBOTA L2601 TRACTOR THAT HAD WHAT APPEARED TO BE A CAR MUFFLER ATTACHED TO IT AND SOME SORT OF STEEL ATTACHMENT THAT WAS ADDED ON TO THE FRONT OF THE TRACTOR AS WELL. A HERNANDO COUNTY SHERIFFâS OFFICE REPORT WAS LOCATED (CASE 2013-25729), IN WHICH THE VICTIM REPORTED A STOLEN KUBOTA TRACTOR AND TRACTOR ACCESSORIES. THE REPORT STATED THE TRACTOR, ALONG WITH FOUR TRACTOR ACCESSORIES AND A DEWALT STAND WERE STOLEN OFF HIS PROPERTY LOCATED AT 8435 PANAHAN DRIVE IN BROOKSVILLE SOME TIME BETWEEN JULY 2013 AND 080313. IT ADVISED THE ITEMS WERE IN THE YARD AND AN UNKNOWN PERSON(S) REMOVED THE ITEMS WITHOUT HIS CONSENT. THE ITEMS LISTED WERE A 1980âS MODEL KUBOTA TWO WHEEL DRIVE DIESEL TRACTOR, 72â BUSH HOG FINISH MOWER, A BOX BLADE, A SCRAPER BLADE, AND A TRACTOR RAKE, ALONG WITH A DEWALT WORK STAND. I CONTACTED THE VICTIM AND ASKED HIM HOW HE OBTAINED THE INFORMATION THAT HIS STOLEN TRACTOR WAS OFF CHASSAHOWITZKA STREET, TO WHICH HE STATED THAT HE RECEIVED A PHONE CALL BY AN UNKNOWN SUBJECT TELLING HIM HIS STOLEN TRACTOR WAS SOLD FOR $800.00 TO A PERSON WHO LIVES OFF THAT ROAD. HE TOLD ME WHAT HE REMEMBERED WAS THAT AFTER YOU TURN ONTO CHASSAHOWITZKA STREET YOU THEN TAKE THE FIRST RIGHT, THEN THE FIRST LEFT, AND IT IS SOMEWHERE DOWN THERE. DETECTIVE RUBY AND I RESPONDED TO THE AREA OF CHASSAHOWITZKA STREET AND TOOK THE FIRST TURN ON THE RIGHT WHICH IS SOUTH MARY ELLEN TERRACE. WE THEN TOOK THE FIRST LEFT WHICH IS WEST CLEARBROOK LANE AND BEGAN OBSERVING TRACTOR MARKS IN THE UNPAVED ROADWAY. WE FOLLOWED THE TRACTOR MARKS ONTO SOUTH ANN POINT AND THEY ENDED AT 11294 SOUTH ANN POINT. I MADE CONTACT WITH THE RESIDENT, MR OTTO STAYLER III, AND HIS WIFE, MS SAMANTHA STAYLER (VICTIM 2), AND ASKED HIM IF HE HAD ANYTHING ON THE PROPERTY I WOULD BE INTERESTED IN. HE STATED, âDANGIT, ITâS STOLEN.â I ASKED HIM WHAT THAT MIGHT BE AND HE STATED, âTHE TRACTOR.â I ADVISED HIM IT PROBABLY WAS AND HE TOOK ME TO THE ORANGE KUBOTA L2601 TRACTOR IN HIS BACKYARD. I ADVISED HIM IT WAS STOLEN. I WAS ABLE TO IDENTIFY IT AS THE VICTIMâS STOLEN TRACTOR BY THE CAR MUFFLER ON THE SIDE OF THE TRACTOR ALONG WITH THE STEEL ATTACHMENT ON THE FRONT OF THE TRACTOR. THOSE TWO ITEMS WERE ADDED ONTO THE TRACTOR BY THE VICTIM AND NOT PARTS YOU WOULD SEE ON ANY OTHER L2601 TRACTOR. ATTACHED TO THE REAR OF THE TRACTOR WAS THE YELLOW SCRAPER BLADE. I ALSO OBSERVED THE YELLOW YARD RAKE ON THE OTHER SIDE OF THE YARD AND MR STAYLER ADVISED THAT WAS PART OF THE TRANSACTION AS WELL. AT THIS TIME HIS WIFE, MS STAYLER, EXITED THE REAR OF THE RESIDENCE AND STATED SHE WROTE OUT A BILL OF SALE AND HAD THE MALE SUBJECT PRINT AND SIGN HIS NAME IN CASE IT WOUND UP BEING STOLEN. SHE ADVISED THEY PAID OWEN HINES $800.00 CASH FOR THE TRACTOR ALONG WITH THE SCRAPER BLADE AND RAKE ACCESSORIES. SHE PROVIDED ME WITH THE BILL OF SALE, WHICH WAS DATED 071413, AND STATED, âBILL OF SALE FOR A 1974 KABOTA TRACTOR (ORANGE) SOLD TO OTTO STAYLER III ON JULY 14, 2013 FOR 800.00 W / BUSH HOG / FORKS AND FINISHING BLADE. SELLER OWEN HINESâ AND IT WAS SIGNED BY OWEN HINES AS WELL. MS STAYLER ADVISED THAT ON THE EVENING OF 071313, MR JONATHAN WYATT (PERSONALLY KNOWN TO HER AS HER NEIGHBOR), CAME TO THEIR RESIDENCE ADVISING HE KNEW SOMEONE WHO WAS SELLING A TRACTOR, BUSH HOG, AND OTHER TRACTOR ACCESSORIES FOR $1500.00. SHE STATED THAT SHE AND HER HUSBAND SAID THAT WAS TOO MUCH AND THE MOST THEY WOULD PAY IS $800.00, TO WHICH JONATHAN ADVISED THEY WOULD SELL IT FOR THAT. SHE ADVISED JONATHAN TOLD HER AND HER HUSBAND THAT HIS FRIEND WAS SELLING THE TRACTOR BECAUSE HIS DAUGHTER WAS IN JAIL UP IN GEORGIA AND HE NEEDED MONEY TO BAIL HER OUT OF JAIL AND TO GET A BUS TICKET. SHE ADVISED JONATHAN AND OWEN BROUGHT THE TRACTOR TO THEIR RESIDENCE THAT EVENING AND SHE GAVE OWEN $600.00 CASH AND TOLD THEM SHE WOULD GIVE THEM THE OTHER $200.00 WHEN THEY BROUGHT OVER THE BUSH HOG, SCRAPER, AND OTHER ACCESSORIES. SHE STATED ON 071413, JONATHAN CAME OVER ASKING FOR THE $200.00 AND SHE TOLD HIM THAT SHE WOULD GIVE OWEN THE $200.00 WHEN HE BROUGHT THE ACCESSORIES OVER. SHE ADVISED THAT HE LEFT THE RESIDENCE AND RETURNED A SHORT TIME LATER WITH OWEN. SHE ADVISED THEY BROUGHT THE YARD RAKE AND THE SCRAPER BLADE, BUT NO BUSH HOG OR BOX BLADE. THEY TOLD HER THAT THE BUSH HOG AND BOX BLADE WERE STOLEN AND THOSE WERE THE ONLY TWO ITEMS LEFT. SHE GAVE OWEN THE $200.00 AND HE PRINTED AND SIGNED THE BILL OF SALE. THE VICTIM RESPONDED TO THE SCENE AND RETRIEVED HIS TRACTOR, YARD RAKE, AND SCRAPER BLADE. HE ALSO ADVISED ME THE TRACTOR IS WORTH $3800.00, THE SCRAPER BLADE IS WORTH $599.00, THE YARD RAKE IS WORTH $699.00, THE BUSH HOG IS WORTH $2800.00, AND THE BOX BLADE IS WORTH $500.00. ON 081213, I RESPONDED TO THE AREA OF CHASSAHOWITZKA STREET AND OBSERVED MR HINES AT A RESIDENCE ON MARY ELLEN TERRACE AND MADE CONTACT WITH HIM. I READ HIM MIRANDA WARNINGS VIA PREPRINTED AGENCY CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS. HE STATED THAT SOMETIME AROUND THE BEGINNING TO MIDDLE OF JULY OF THIS YEAR JONATHAN WYATT RECEIVED A STOLEN TRACTOR FROM A SUBJECT NAME KEVIN THAT LIVED ACROSS THE STREET FROM WHERE IT WAS STOLEN IN HERNANDO COUNTY (VICTIMâS PROPERTY) AND BROUGHT IT TO HIM IN HOMOSASSA. HE STATED HE KNEW IT WAS STOLEN BECAUSE JONATHAN TOLD HIM IT WAS AND THEY WERE GOING TO SCRAP IT. HOWEVER, JONATHAN TOLD HIM TO SEE IF HE COULD FIX IT SO THEY COULD SELL IT FOR MORE MONEY. MR HINES STATED HE WAS ABLE TO FIX IT. HE ADVISED THAT ON 071313, JONATHAN MADE A DEAL WITH HIS NEIGHBOR (VICTIM TWO) TO SELL IT TO HIM FOR $800.00, ALONG WITH THE ATTACHMENTS. HE ADVISED THAT JONATHAN TOLD VICTIM TWO THAT HIS FRIEND (MR HINES) NEEDED TO OBTAIN MONEY TO GO BAIL HIS DAUGHTER OUT OF JAIL IN GEORGIA AND WAS LOOKING TO SELL HIS TRACTOR AND ACCESSORIES. MR HINES ADVISED THAT EVENING JONATHAN DROVE THE ORANGE KUBOTA L2601 TRACTOR TO VICTIM TWOâS RESIDENCE AND VICTIM TWO GAVE THEM $600.00 AND ADVISED HE WOULD GIVE HIM THE OTHER $200.00 WHEN THEY DELIVERED THE ACCESSORIES. MR HINES STATED THAT ON 071413, HE BROUGHT THE SCRAPER BLADE AND RAKE TO VICTIM TWOâS RESIDENCE AND RETURNED LATER IN THE EVENING TO RETRIEVE THE REMAINING $200.00. I SHOWED HIM A BILL OF SALE THAT WAS SIGNED BY HIM AND HE ADVISED HE DID SIGN IT. HE ADVISED JONATHAN DID NOT WISH TO SIGN IT AND ASKED MR HINES TO DO IT INSTEAD, SO HE DID. MR HINES ADVISED HE AND JONATHAN SPLIT THE $800.00, EACH GETTING $400.00 A PIECE FOR THE SALE OF THE TRACTOR AND ACCESSORIES. AT THIS TIME MR HINES WAS ARRESTED, HANDCUFFED, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. I THEN MADE CONTACT WITH JONATHAN WYATT AND READ HIM MIRANDA WARNINGS VIA PREPRINTED AGENCY CARD, TO WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS. HE ADVISED HE WAS PRESENT AT DONâS RESIDENCE IN HOMOSASSA WHEN A SUBJECT NAMED KEVIN DROVE UP WITH THE ORANGE TRACTOR. HE DENIED KNOWING IT WAS STOLEN AND STATED MR HINES BORROWED MONEY FROM DON AND PURCHASED THE TRACTOR FROM KEVIN FOR $500.00. HE ADVISED MR HINES WAS THE PERSON TO MAKE THE DEAL WITH VICTIM TWO TO PURCHASE IT FROM HIM FOR $800.00. HE ADVISED HE WAS PRESENT, BUT DENIED ANY INVOLVEMENT IN THE TRANSACTION. HE ADVISED HE HEARD MR HINES TELL VICTIM TWO HE NEEDED TO SELL THE TRACTOR TO HELP HIS DAUGHTER, BUT AGAIN DENIED ANY INVOLVEMENT IN THE TRANSACTION. I CONTACTED VICTIM TWO VIA TELEPHONE AND ASKED WHO DROVE THE TRACTOR TO THEIR RESIDENCE AND WAS ADVISED JONATHAN DROVE IT TO THEIR HOUSE AND ALSO THAT THEY MADE THE DEAL WITH JONATHAN AND NOBODY WAS WITH JONATHAN WHEN THEY MADE THE DEAL. VICTIM TWO ADVISED THEY ONLY SAW MR HINES WHEN MONEY EXCHANGED HANDS. JONATHAN WAS ARRESTED, HANDCUFFED, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. BOND IS SET AT $15,000. |
