| Probable cause affidavit: |
SUBMITTED BY: WEAKS, DANIEL 0553 (AR08103428) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN DWELLING OR CARTILAGE THEREOF, LOCATED IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, AS OWNER OR CUSTODIAN THEREOF, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATE STATUTES 810.02(1) AND 810.02(3)(B) (AND) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A LAPTOP COMPUTER AND VARIOUS MISCELLANEOUS ITEMS, 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 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, IN VIOLATION OF FLORIDA STATUTES 812.014(2)C(1) (AND) DID FAIL TO REPORT IN PERSON AT THE SHERIFF'S OFFICE IN THE COUNTY IN WHICH THE OFFENDER ESTABLISHED OR MAINTAINS A PERMANENT OR TEMPORARY RESIDENCE, TO WIT: CITRUS COUNTY, FLORIDA, WITHIN 48 HOURS, AFTER ESTABLISHING PERMANENT OR TEMPORARY RESIDENCE IN THIS STATE, IN VIOLATION OF FLORIDA STATE STATUTE 943.0435(2)(A) ON 052608 I WAS DISPATCHED TO 7710 EAST SAVANNAH DRIVE IN FLORAL CITY IN REFERENCE TO A COMPLAINANT WHO ADVISED SHE BELIEVED HER TENANT, WHOM SHE RENTS A ROOM TO IN HER HOME, HAD A STOLEN COMPUTER. UPON ARRIVAL I MADE CONTACT WITH THE COMPLAINANT WHO ADVISED ME THAT THE SUSPECT, MR JOSEPH BANVILLE III, WHO HAS STAYED AT HER RESIDENCE SINCE 051808, CAME HOME WITH A BLACK BAG CONTAINING A LAP TOP COMPUTER ON 052308. WHEN SHE INQUIRED AS TO WHERE MR BANVILLE GOT THE COMPUTER, HE HAD FIRST STATED IT WAS LOANED TO HIM BY A FRIEND WHO HE ONLY IDENTIFIED AS "CHUCK", BUT SUBSEQUENTLY CHANGED HIS STORY, STATING HE HAD RECOVERED IT FROM A HOUSE FIRE AND THEN AGAIN CHANGING HIS STORY BACK TO SAYING THAT HE GOT IT FROM "CHUCK". THE COMPLAINANT ALSO ADVISED THAT SHE HAD LOOKED IN THE BAG WHERE THE SUSPECT HAD THE COMPUTER WHILE SHE WAS IN THE SUSPECT'S ROOM AND FOUND A PAMPHLET FROM FLORAL CITY WATER ASSOCIATION WITH THE NAME AND ADDRESS OF THE VICTIM ON IT. THE COMPLAINANT STATED SHE DID HAVE ROUTINE ACCESS TO MR BANVILLE'S ROOM BECAUSE SHE DID HIS LAUNDRY. THE COMPLAINANT ADVISED THAT MR BANVILLE WAS CURRENTLY OUT OF THE HOUSE AND HAD THE LAP TOP COMPUTER WITH HIM AND WAS HELPING A WOMAN MOVE FROM FLORAL CITY TO BEVERLY HILLS. THIS WOMAN HAD PICKED HIM UP IN HER VEHICLE EARLIER IN THE DAY. THE COMPLAINANT WAS ABLE TO PROVIDE A CELLULAR TELEPHONE NUMBER FOR THE WOMAN MR BANVILLE WAS HELPING MOVE. I DID EXAMINE THE BAG WHICH THE COMPUTER HAD PREVIOUSLY BEEN IN AND OBSERVED THE FOLLOWING ITEMS INSIDE: ONE WOMAN'S RED LIPSTICK, ONE TUBE OF FIXODENT PASTE, THREE INK PENS, $.44 IN CHANGE, ONE PARTIAL ROLL OF LIFESAVERS CANDY, ONE STORE RECEIPT FROM LAS VEGAS AIRPORT DATED 050508, AND ONE PAMPHLET FROM FLORAL CITY WATER ASSOCIATION WITH THE VICTIM'S NAME AND ADDRESS ON IT. I PERFORMED A SEARCH IN PS-NET REFERENCE THE VICTIM'S NAME AND DISCOVERED THIS BURGLARY AND CASE NUMBER 08050921. I MADE CONTACT VIA TELEPHONE WITH THE VICTIM AND SHE CONFIRMED THE BAG AND CONTENTS AS BEING HERS. SHE RELATED THAT SHE WAS, IN FACT, IN LAS VEGAS AND HAD RECENTLY RETURNED. I TOOK CUSTODY OF THE PROPERTY VIA A PROPERTY RECEIPT. THE COMPLAINANT PROVIDED A SWORN WRITTEN STATEMENT WHICH WILL BE TURNED OVER TO RECORDS. I THEN MADE TELEPHONE CONTACT WITH THE WOMAN WHO MR BANVILLE WAS HELPING MOVE. SHE RELATED THAT MR BANVILLE WAS NOT CURRENTLY WITH HER AT HER NEW ADDRESS; HOWEVER, THAT HE WAS AT A NEARBY RESIDENCE AND SHE WOULD BE ABLE TO SHOW DEPUTIES WHERE TO FIND HIM. I THEN MADE CONTACT WITH DEPUTY FULLER WHO THEN MADE CONTACT WITH THE WOMAN WHO TOOK HIM TO 230 WEST ROYAL FERN COURT WHERE HE MADE POSITIVE IDENTIFICATION OF DEFENDANT, MR JOSEPH BANVILLE III. MR BANVILLE DID HAVE THE COMPUTER IN HIS POSSESSION. DEPUTY FULLER THEN ARRESTED AND TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR THIS DEPUTY. I RESPONDED TO THE DETENTION FACILITY AND COMPLETED ARREST PAPERWORK. I CONFISCATED THE COMPUTER FROM MR BANVILLE VIA A PROPERTY RECEIPT WHICH WILL BE TURNED OVER TO EVIDENCE, ALONG WITH THE ITEMS FROM THE COMPLAINANT'S RESIDENCE. IT SHOULD BE NOTED MR BANVILLE IS ALSO A SUSPECT IN CASE 08050650. MR BANVILLE WAS ADVISED OF HIS MIRANDA RIGHTS BY DEPUTY FULLER. I SPOKE WITH MR BANVILLE BRIEFLY AND DURING THE CONVERSATION HE CHANGED HIS STORY REGARDING THE COMPUTER SEVERAL TIMES AND AT FIRST STATED HE HAD BROUGHT IT WITH HIM FROM MASSACHUSETTS AND THEN SAID HE HAD PURCHASED IT FROM A FLEA MARKET FROM A MAN NAMED JAY FOR $50.00, AND THEN STATED HE HAD PURCHASED IT FROM A PEDESTRIAN IN FRONT OF THE SHAMROCK PUB IN FLORAL CITY. I DID MAKE CONTACT WITH DETECTIVE SEROCKI WHO RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY AND WE ATTEMPTED TO CONDUCT A FORMAL INTERVIEW, HOWEVER, MR BANVILLE WAS UNCOOPERATIVE. DURING PROCESSING IT WAS LEARNED THAT DEFENDANT BANVILLE IS A REGISTERED SEX OFFENDER FROM MASSACHUSETTS AND HAD NOT REGISTERED IN FLORIDA WITHIN 48 HOURS, AS REQUIRED. THIS DEPUTY DOES HAVE RELIABLE INFORMATION THAT DEFENDANT BANVILLE DID ARRIVE IN FLORIDA ON 051008, HOWEVER, HE CONTENDS HE HAS ONLY BEEN IN THE STATE OF FLORIDA FOR ONE WEEK. DEFENDANT BANVILLE WAS CHARGED WITH FAILURE TO REGISTER WITHIN 48 HOURS. DEFENDANT'S TOTAL BOND WAS SET AT $25,000.00 FOR ALL CHARGES. *NOT-EXEMPT* |
