| Probable cause affidavit: |
SUBMITTED BY: DAVIS, JAMES 0525 (AR10116366) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: BEVERLY HILLS DISCOUNT LIQUOR, LOCATED AT 3898 NORTH LECANTO HIGHWAY IN BEVERLY HILLS, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF BEVERLY HILLS DISCOUNT LIQUOR, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(4); DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, BEVERLY HILLS DISCOUNT LIQUOR, TO WIT: STOLE BETWEEN FIVE AND EIGHT PACKS OF NEWPORT CIGARETTES, SAID PROPERTY BEING OF A VALUE OF LESS THAN $100.00 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 STATE STATUTE 812.014(3)(A). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF BEVERLY HILLS DISCOUNT LIQUOR, TO-WIT: GLASS DOOR, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(B)(2). ON 081810, I WAS DISPATCHED TO 927 NE 7TH AVENUE IN CRYSTAL RIVER IN REFERENCE TO A SUBJECT CALLING IN AND ADVISING THAT HE WAS A SUSPECT IN TWO COMMERCIAL BURGLARIES THAT OCCURRED ON 081610 IN THE BEVERLY HILLS AREA. THE DEFENDANT ADVISED THE 911 CALL TAKER THAT HE HAD BROKEN IN TO THE POOL PLACE AND BEVERLY HILLS DISCOUNT LIQUOR AND FURTHER ADVISED THE CALL TAKER THAT HE WOULD BE AT THAT ADDRESS IN ABOUT AN HOUR AND A HALF. AT APPROXIMATELY 0100 HOURS, I MADE CONTACT WITH THE DEFENDANT, MR JOSEPH KAPP, WHO ADVISED ME THAT HE HAD BROKEN IN TO THE BEVERLY HILLS DISCOUNT LIQUOR AND THAT HE HAD TAKEN APPROXIMATELY FIVE TO EIGHT PACKS OF CIGARETTES. THE DEFENDANT ALSO ADVISED THAT HE WAS A SUSPECT IN THE PINCH A PENNY POOL BREAK-IN IN BEVERLY HILLS. THE DEFENDANT ADVISED THAT HE HAD TAKEN AN UNKNOWN AMOUNT OF CHANGE FROM THE REGISTER. THE DEFENDANT DID STATE THAT IT WAS MAINLY DIMES AND POSSIBLY ONE ROLL OF PENNIES. AT WHICH TIME, I ADVISED THE DEFENDANT HE WAS GOING TO BE DETAINED. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE . AT THIS TIME, I WAS ABLE TO REVIEW THE REPORTS OF THESE TWO BURGLARIES. THE DEFENDANT'S STATEMENT WAS CONSISTENT WITH BOTH REPORTS, AT WHICH TIME; THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. CONTACT WAS MADE WITH THE ON CALL PROPERTY CRIMES DETECTIVE, DETECTIVE MCINTYRE, WHO ALSO RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY THE DEFENDANT WAS READ HIS MIRANDA VIA AGENCY PRE PRINTED CARD AND WE CONDUCTED A TAPED INTERVIEW. DURING THE INTERVIEW THE DEFENDANT STATED THAT ON 081610, HE HAD BROKEN IN TO THE BEVERLY HILLS DISCOUNT LIQUOR BY SMASHING THE FRONT GLASS DOOR WITH A ROCK. THE DEFENDANT STATED THAT PRIOR TO DOING THAT, HE HAD TAKEN OFF HIS SHOES AND USED HIS SOCKS AS GLOVES. THE DEFENDANT STATED THAT AFTER BREAKING THE WINDOW, HE WENT IN AND RETRIEVED FIVE TO EIGHT PACKS OF NEWPORT CIGARETTES. THE DEFENDANT STATED THAT HE HAD EXITED THROUGH THE DOOR HE HAD SHATTERED AND FLED IN A SOUTHERLY DIRECTION. THE DEFENDANT STATED HE HID BEHIND A BUILDING LATER IDENTIFIED AS WALGREENS, BROKE UP A FEW MORE ROCKS IN THE FRONT AREA AND WATCHED LAW ENFORCEMENT GO PASSED. THE DEFENDANT STATED THAT HE THEN WENT TO THE PINCH A PENNY POOL AND SPA AND THAT HE THREW A ROCK THROUGH THE FRONT GLASS DOOR. THE DEFENDANT STATED HE WALKED IN AND AROUND THE COUNTER AND REMOVED A HAND FULL OF CHANGE FROM THE REGISTER, LOCATED ON THE COUNTER AND THEN EXITED FROM THE BUILDING IN A SOUTHERLY DIRECTION. THE DEFENDANT STATED THAT THIS IS NOT THE TYPE OF PERSON HE IS, BUT DUE TO HIS CURRENT DRUG PROBLEM HE HAS DONE THINGS THAT HE IS NOT PROUD OF AND HE IS CURRENTLY LOOKING FOR SOME TYPE OF HELP. THE STATEMENTS THAT THE DEFENDANT MADE REFLECT THE SURVEILLANCE VIDEO OF BOTH CRIMES AND THE FACTS ARE ALSO CONCLUSIVE OF BOTH DEPUTIES' REPORTS. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF BURGLARY, ONE COUNT OF PETIT THEFT AND ONE COUNT OF CRIMINAL MISCHIEF WITH A TOTAL BOND SET AT $6,000.00. *NOT-EXEMPT* |
