| Probable cause affidavit: |
SUBMITTED BY: HINDERHOFER, EDWARD 0667 (AR12-2045) THE DEFENDANT DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN RESIDENCE OR CURTILAGE THEREOF, TO-WIT: THE VICTIM’S HOME, LOCATED AT 5931 WEST FOX LANE IN CRYSTAL RIVER, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(A) AND THE DEFENDANT DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, MS MARY ELLIOT, TO WIT: A PURSE, SAID PROPERTY BEING OF A VALUE OF TEN DOLLARS 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). ON 071912 AT APPROXIMATELY 0405 HOURS, I RESPONDED TO 5931 WEST FOX LANE IN CRYSTAL RIVER IN REFERENCE TO A BURGLARY IN PROGRESS. WHILE EN ROUTE, DISPATCH ADVISED THAT THE VICTIM, MS MARY ELLIOT, ADVISED THAT SHE WOKE UP, WALKED INTO HER KITCHEN AND FOUND A WHITE MALE WITH NO PANTS ON, SLEEPING ON HER KITCHEN FLOOR. UPON ARRIVAL, DEPUTY CLAUDE, DEPUTY FERGUSON, DEPUTY HESSE AND I MADE ENTRY INTO THE RESIDENCE AND MADE CONTACT WITH THE VICTIM WHO WAS IN THE FRONT LIVING ROOM AREA WHERE SHE SLEEPS. SHE ADVISED THAT THE MAN WAS IN HER KITCHEN AND THAT SHE LOCKED THE DOOR LEADING TO IT. WHILE ASKING THE VICTIM WHERE THE DEFENDANT WAS LOCATED, DEPUTY FERGUSON AND I HEARD A MALE VOICE STATE “I’M IN HERE.” DEPUTY FERGUSON DREW HIS AGENCY ISSUED FIREARM AND I DREW MY AGENCY ISSUED TASER, BOTH OF WHICH WERE HELD AT THE LOW READY POSITION. THE DEFENDANT WAS THEN ORDERED OUT OF THE KITCHEN. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANT WAS DESCRIBED AS A WHITE MALE, WEARING A BLUE ADIDAS SHIRT WITH CUT-OFF SLEEVES AND NO PANTS, WHO APPEARED TO BE SLIGHTLY INTOXICATED. THE DEFENDANT BEGAN MAKING STATEMENTS THAT HE DID NOT KNOW HOW HE HAD GOTTEN TO THAT LOCATION AND THAT HE WAS NOT HURTING ANYBODY. THE DEFENDANT WAS SEATED ON THE FRONT PORCH OF THE RESIDENCE WHERE I READ HIM HIS MIRANDA WARNINGS FROM A PREPRINTED AGENCY CARD, TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT IDENTIFIED HIMSELF AS MR JOSHUA OGLESBEE AND ADVISED HE LIVED A FEW BLOCKS AWAY AT 779 NORTH HOLLYWOOD CIRCLE. THE DEFENDANT ADVISED THAT EARLIER IN THE EVENING, HE WALKED TO THE BP GAS STATION AT WEST GULF TO LAKE HIGHWAY AND NORTH ROCK CRUSHER ROAD. HE ADVISED HE PURCHASED TWO, FOUR LOCO BEVERAGES, AND PROCEEDED TO DRINK THEM WHILE WALKING IN THE AREA. HE ADVISED HE BECAME INTOXICATED AND DECIDED TO ENTER THE RESIDENCE AT 5931 WEST FOX LANE BECAUSE HE BELIEVED IT WAS ABANDONED AND THAT HE WANTED TO LOOK AROUND FOR VALUABLES. THE DEFENDANT ADMITTED TO RUMMAGING THROUGH THE VICTIM’S PURSE BUT STATED HE WAS NOT LOOKING FOR ANYTHING SPECIFIC. HE ADVISED HE DID NOT NOTICE THE VICTIM WHO WAS SLEEPING ON A COUCH DIRECTLY NEXT TO THE LOCATION OF HER PURSE. HE ADVISED HE ENTERED THROUGH THE FRONT DOOR WHICH WAS NOT LOCKED AND DID NOT KNOW WHY HE WAS UNCLOTHED AND SLEEPING ON THE VICTIM’S KITCHEN FLOOR. I DID LOCATE THE DEFENDANT’S BLUE SHORTS AND HIS TENNIS SHOES IN THE VICTIM’S LIVING ROOM BUT I WAS UNABLE TO LOCATE A PAIR OF BLUE JEAN SHORTS THE DEFENDANT CLAIMED TO BE MISSING. I ASKED THE DEFENDANT APPROXIMATELY HOW LONG AGO IT WAS WHEN HE ENTERED THE RESIDENCE, TO WHICH HE STATED APPROXIMATELY THIRTY MINUTES AGO. I ASKED HIM WHAT HE THOUGHT THE CURRENT TIME WAS AND HE REPLIED TEN THIRTY (2230 HOURS.) THE ACTUAL TIME WAS APPROXIMATELY 0425 HOURS ON 071912. IT SHOULD BE NOTED THAT EARLIER IN THE SHIFT, AT APPROXIMATELY 0034 HOURS, I RESPONDED TO A CALL AT 6070 WEST WOODSIDE CIRCLE IN REFERENCE TO A WHITE MALE WEARING A BLUE SHIRT, BLUE JEANS AND BLACK GLOVES WHO WAS PROWLING NEAR THE NEIGHBOR’S VEHICLE. DEPUTY CLAUDE ALSO RESPONDED TO THAT SCENE AND FOUND NO EVIDENCE OF A CRIME. GROUND UNITS AS WELL AS THE AIR UNIT BOLO’D AT THAT TIME AND WERE UNABLE TO LOCATE A SUSPECT. THE DEFENDANT WAS ADVISED HE WAS UNDER ARREST FOR BURGLARY OF AN OCCUPIED RESIDENCE AND PETIT THEFT. HE WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, I ASKED THE DEFENDANT TO COMPLETE A SWORN WRITTEN STATEMENT, TO WHICH HE STATED HE WOULD. IN HIS STATEMENT, THE DEFENDANT WROTE ”GOT DRUNK, WENT IN WRONG PLACE, WRONG TIME SORRY, DON’T KNOW WHAT ELSE TO SAY.” A COPY OF THE DEFENDANT’S WRITTEN STATEMENT WAS LATER TURNED IN TO RECORDS. THE DEFENDANT WAS BOOKED AND HELD ON A TOTAL BOND OF $15,250.00, IN ACCORDANCE WITH THE BOND SCHEDULE. DEPUTY CLAUDE PHOTOGRAPHED THE SCENE. SEE ID SERVICES REPORT. THE VICTIM DID NOT WISH TO COMPLETE A SWORN WRITTEN STATEMENT DUE TO HER BEING NERVOUS AND SHAKY. SHE WAS PROVIDED WITH A VICTIM’S RIGHTS INFORMATION PAMPHLET BEARING MY NAME AND THIS CASE NUMBER. |
