Probable cause affidavit: |
SUBMITTED BY: PRUITT, DODI 0396 (AR12-885) THE DEFENDANT KNOWINGLY AND UNLAWFULLY COMMIT LEWD AND LASCIVIOUS BATTERY UPON THE VICTIM, A PERSON UNDER THE AGE OF 16 (14 YEAR OLD FEMALE, DOB: 071397) TO WIT: ENGAGING IN SEXUAL INTERCOURSE AND ORAL SEX WITH THE VICTIM, WHILE THE DEFENDANT IS OVER THE AGE OF 18 (22 YEAR OLD MALE, DOB: 083089,) IN VIOLATION OF FLORIDA STATE STATUTE 800.04(4)(A) AND THE DEFENDANT DID KNOWINGLY PROMOTE A SEXUAL PERFORMANCE BY A CHILD UNDER THE AGE OF 18, TO WIT: A 14 YEAR OLD FEMALE, DOB 071397. BY REQUESTING AND HAVING HER TAKE NUDE PHOTOGRAPHS OF HER VAGINA, IN VIOLATION OF FLORIDA STATE STATUTE 827.071(3) AND THE DEFENDANT DID KNOWINGLY AND INTENTIONALLY POSSESS A PHOTOGRAPH OR PHOTOGRAPHS OF THE 14 YEAR OLD VICTIM ON HIS CELLULAR TELEPHONE AND YAHOO EMAIL ADDRESS, IN VIOLATION OF FLORIDA STATE STATUTE 827.074(5) AND THE DEFENDANT DID KNOWINGLY USE HIS YAHOO EMAIL ACCOUNT TO SEDUCE, SOLICIT, LURE OR ENTICE OR ATTEMPT TO SEDUCE, SOLICIT, LURE OR ENTICE A CHILD TO COMMIT ANY ILLEGAL ACT, TO WIT: SENT PHOTOGRAPH(S) OF HER EXPOSED GENITALS TO THE DEFENDANT VIA HIS YAHOO EMAIL ACCOUNT AND HIS CELLULAR TELEPHONE, IN VIOLATION OF FLORIDA STATE STATUTE 847.0135(3)(A) THE CITRUS COUNTY SHERIFFâS OFFICE BEGAN AN INVESTIGATION ON 040912 IN REGARDS TO ALLEGATIONS THAT AN ADULT MALE WAS POSSIBLY HAVING SEXUAL ACTIVITY WITH AN UNDERAGE FEMALE VICTIM. I BEGAN TO CONDUCT RESEARCH TO SUPPORT THESE ALLEGATIONS. THROUGH THE COOPERATION OF AND ANONYMOUS SOURCE I WAS ABLE TO OBTAIN WRITTEN DOCUMENTATION/INTERNET DOCUMENTATION THAT SUPPORTED THE VICTIM AND THE DEFENDANT WERE HAVING A RELATIONSHIP. ON 041112, I WAS ABLE TO VIEW INTERNET DOCUMENTATION THAT REVEALED A CONVERSATION BETWEEN THE VICTIM AND THE DEFENDANT. THIS CONVERSATION REVEALED THAT THE VICTIM DISCLOSED TO THE DEFENDANT HER TRUE AGE OF 14 AND HE ADVISED THAT HE WAS 22. HE TOLD THE VICTIM THAT HE DID NOT CARE ABOUT HER AGE AND WANTED TO TAKE HER VIRGINITY. HE TOLD HER THAT HE WANTED HER TO BECOME HIS GIRLFRIEND. ON 042512, I MET WITH THIS VICTIM AND CONDUCTED A SWORN/DIGITALLY RECORDED INTERVIEW. DURING THIS INTERVIEW, THE VICTIM CONFIRMED THE WRITTEN DOCUMENTATION THAT I HAD COMPILED, VERIFYING THEIR RELATIONSHIP. SHE DISCLOSED THAT BETWEEN THE DATES OF 041312 AND 042212, SHE AND THE DEFENDANT ENGAGED IN SEXUAL ACTIVITY AT THE DEFENDANTâS HOME. THE DEFENDANT RESIDES IN HOMOSASSA/CITRUS COUNTY, FLORIDA. THE VICTIM DISCLOSED THAT THE DEFENDANT HAD HER PERFORM ORAL SEX UPON HIM ONE TIME WHICH OCCURRED ON 042112 AT HIS RESIDENCE. SHE FURTHER DISCLOSED THAT THEY ENGAGED IN SEXUAL INTERCOURSE ON 041312, 041412, 041612, 042012, 042112, AND 042212. THE VICTIM ALSO DISCLOSED THAT THE DEFENDANT HAD REQUESTED FOR HER TO TAKE NUMEROUS PHOTOGRAPHS OF HER DURING THIS TIME FRAME AND SEND THEM TO HIM ONCE TO HIS EMAIL AND A DIFFERENT TIME TO HIS CELL PHONE . THESE PHOTOGRAPHS WERE NUDE PICTURES OF THE VICTIM AND ALSO PICTURES OF HER WITH HER GENITALS EXPOSED. THE VICTIM DISCLOSED THAT THESE PHOTOGRAPHS SHOULD BE STORED ON THE DEFENDANTâS YAHOO EMAIL ADDRESS AND ON HIS CELLULAR PHONE. DURING THIS INVESTIGATION, I LEARNED OF AN ADDITIONAL WITNESS WHO MAY HAVE INFORMATION REGARDING THESE ALLEGATIONS AND WHO COULD PLACE THE VICTIM AT THE DEFENDANTâS RESIDENCE. I MADE CONTACT WITH THIS WITNESS WHO ADVISED THAT HE WAS AWARE OF A BRUNETTE FEMALE COMING OVER AND HANGING OUT WITH THE DEFENDANT BUT ADVISED HE WAS UNAWARE OF HER AGE. HE ALSO ADMITTED TO COMMUNICATING WITH THE VICTIM THROUGH AN E-COMMERCE WEBSITE, ADVISING HER THAT HE WANTED TO TAKE HER VIRGINITY AND WANTED HER TO BECOME HIS GIRLFRIEND. ON 042512, THE DEFENDANT WAS CONFRONTED WITH THE LISTED ALLEGATIONS. THE VICTIM WENT OVER THE DATES THAT THE TWO ENGAGED IN SEXUAL INTERCOURSE (041312, 041412 AND DURING THAT WEEK, INCLUDING THE WEEKEND OF 042012-042212) AND THE DEFENDANT DID NOT DENY THE ACTIVITY AND ADVISED HE WOULD TAKE CARE OF IT. 0N 042512, I MADE CONTACT WITH THE DEFENDANT IN THE CRYSTAL RIVER AREA. I EXPLAINED THAT OUR AGENCY HAS BEEN CONDUCTING AN INVESTIGATION REGARDING THE LISTED ALLEGATIONS. I READ THE DEFENDANT MIRANDA BY CARD AT WHICH TIME THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS. HE ADMITTED TO KNOWING THE VICTIM WAS 14 YEARS OF AGE AND ADMITTED TO HAVING SEXUAL INTERCOURSE WITH HER ON 041312, 041412, 042012, 042112, AND 042212. HE ALSO ADMITTED TO REQUESTING HER TO SEND NUDE PICTURES OF HERSELF TO HIS CELL PHONE AND ADVISED THEY WERE STILL ON HIS PHONE. HE PROVIDED ME WITH CONSENT TO LOOK AT THE CELL PHONE, TO WHICH I OBSERVED ONE PICTURE OF THE VICTIM FULLY NUDE IN FRONT OF A MIRROR AND ANOTHER PICTURE OF HER VAGINA. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANTâS BOND WAS SET AT A TOTAL OF $45,000, IN ACCORDANCE WITH THE BOND SCHEDULE. THE DEFENDANT WAS ADVISED THAT HE IS TO HAVE NO CONTACT WITH THE VICTIM IN THIS CASE. |