| Probable cause affidavit: |
SUBMITTED BY: HAYNES, TRAVIS 0546 (AR07004450) having been convicted of a felony, unlawfully own or have in HIS care, custody, possession or control, a certain firearm, to-wit: P BERRETTA MODEL 950 D-CAL .22 SHORT WITH SERIAL NUMBER 043532, in violation of Florida Statute 790.23. ON 081307, I WAS DISPATCHED TO 2956 SOUTH BUCKLEY POINT, INVERNESS IN REFERENCE TO A REPORT OF A POSSIBLE STOLEN VEHICLE. WHILE EN ROUTE, I WAS ADVISED BY DISPATCH THAT A SUBJECT, LATER KNOW AS DEFENDANT JOSHUA ROBERTS, HAD RETURNED TO THE RESIDENCE AND WAS IN THE COMPLAINANT'S ROOM WITH A GUN TO HIS OWN HEAD. I WAS ADVISED THAT THIS WAS BECAUSE THE COMPLAINANT HAD CALLED the SHERIFF'S OFFICE. MYSELF, SERGEANT FISCHER, CORPORAL CONLEY AND CANINE DEPUTY GLAZE ARRIVED ON SCENE. WE PARKED AWAY FROM THE RESIDENCE AND APPROACHED ON FOOT. AT THAT TIME, A WITNESS RESPONDED TO OUR LOCATION AND APPROACHED SERGEANT FISCHER AND CORPORAL CONLEY WHILE MYSELF AND DEPUTY GLAZE RESPONDED TO THE BACK OF THE RESIDENCE. I CIRCLED THE RESIDENCE AND RETURNED TO THE FRONT. AT THAT TIME, I WAS ADVISED BY SERGEANT FISCHER AND CORPORAL CONLEY THAT THE WITNESS HAD HANDED THEM A FIREARM INSIDE A PLASTIC GROCERY BAG AND ADVISED THEM THAT HE HAD TAKEN IT FROM THE DEFENDANT. THE WITNESS ALSO ADVISED THEM THAT THE DEFENDANT HAD LEFT ON FOOT IN A NORTHERLY DIRECTION ON BUCKLEY POINT. AT THAT TIME, I MADE CONTACT WITH THE COMPLAINANT. SHE ADVISED THAT THE DEFENDANT HAD BEEN STAYING WITH HER SINCE HIS RELEASE FROM JAIL. SHE STATED THAT ON 081207, THE DEFENDANT TOOK HER VEHICLE WITHOUT HER PERMISSION, WHICH WAS WHY SHE CONTACTED THE SHERIFF'S OFFICE. THE COMPLAINANT ADVISED THAT PRIOR TO LAW ENFORCEMENT'S ARRIVAL, THE DEFENDANT HAD RETURNED WITH HER VEHICLE. SHE STATED THAT THE DEFENDANT THEN TOOK A GUN AND HELD IT TO HIS HEAD WHILE STATING, "I CAN'T TAKE THIS ANYMORE." I THEN MADE CONTACT WITH THE WITNESS WHO ADVISED THAT HE BELIEVED HE HEARD A GUNSHOT OUTSIDE OF THE RESIDENCE SO HE WENT OUT ONTO THE CARPORT. I ASKED THE WITNESS IF HE SAW THE DEFENDANT, TO WHICH HE STATED NO. I THEN ASKED THE WITNESS HOW HE KNEW that THE DEFENDANT HAD BEEN WALKING NORTHBOUND ON BUCKLEY POINT, TO WHICH HE STATED THAT HE SAW HIM AND THAT HE WAS WEARING JEANS AND A TEE SHIRT WHILE WALKING ON BUCKLEY POINT. I THEN ASKED THE WITNESS HOW HE GOT THE GUN FROM THE DEFENDANT, TO WHICH HE STATED THAT HE DID NOT TAKE THE GUN FROM THE DEFENDANT BUT HAD PICKED IT UP "OVER THERE". THE WITNESS THEN POINTED TOWARD THE GROUND BY THE FRONT DOOR OF THE RESIDENCE. I ASKED HIM WHERE THE GUN HAD BEEN LOCATED EXACTLY, AT WHICH TIME THE WITNESS POINTED TOWARD THE FRONT DOOR AGAIN AND STATED, "OVER THERE". I ASKED HIM AGAIN WHERE THE GUN WAS LOCATED WHEN HE FOUND IT, TO WHICH HE POINTED AT THE HOOD OF A WHITE VEHICLE WHICH WAS APPROXIMATELY FIVE FEET AWAY FROM THE DOOR. HE STATED THAT THE GUN WAS ON THE HOOD OF THE VEHICLE. I ASKED THE WITNESS IF HE WOULD BE WILLING TO COMPLETE A WRITTEN STATEMENT, TO which HE STATED, "I DIDN'T REALLY SEE ANYTHING BUT IF YOU NEED ME TO." I THEN ASKED THE COMPLAINANT IF SHE WOULD BE WILLING TO COMPLETE A WRITTEN STATEMENT; HOWEVER, SHE AVOIDED ANSWERING MY QUESTION. AT THAT TIME, I WAS ADVISED BY CORPORAL CONLEY THAT THE DEFENDANT WAS A REGISTERED FELON FROM CITRUS COUNTY. DEPUTY GLAZE THEN UTILIZED CANINE KANE TO BEGIN A TRACK HEADING NORTH FROM THE RESIDENCE. A SHORT TIME LATER, I WAS ADVISED VIA RADIO THAT DEPUTY GLAZE HAD LOCATED THE DEFENDANT. I RESPONDED TO DEPUTY GLAZE'S LOCATION, WHICH WAS IN THE BACK YARD OF 3003 SOUTH BUCKLEY POINT, INVERNESS. UPON MY ARRIVAL, I MADE CONTACT WITH THE DEFENDANT. I OBSERVED THAT THE DEFENDANT HAD A SMALL LACERATION ON THE LEFT SIDE OF HIS FOREHEAD AND WAS SOAKING WET. THE DEFENDANT WAS PLACED UNDER ARREST AND HANDCUFFED (DOUBLE-LOCKED) BEHIND HIS BACK. DURING A SEARCH OF THE DEFENDANT, I LOCATED A SINGLE .22 ROUND IN THE DEFENDANT'S FRONT LEFT PANTS POCKET. THE ROUND MATCHED THE GUN THAT HAD BEEN PROVIDED TO SERGEANT FISCHER AND CORPORAL CONLEY. DEPUTY JOHNSON RESPONDED TO THE SCENE AND TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. I RETURNED TO 2956 SOUTH BUCKLEY POINT. AT THAT TIME, THE COMPLAINANT WAS AWARE THAT THE DEFENDANT HAD BEEN ARRESTED FOR POSSESSION OF A FIREARM BY A CONVICTED FELON. THE COMPLAINANT THEN STATED THAT THE DEFENDANT NEVER HAD A GUN IN HIS POSSESSION. DUE TO THE FACT THAT THE WITNESS AND THE COMPLAINANT CHANGED THEIR STORIES A NUMBER OF TIMES, WRITTEN STATEMENTS WERE NOT COLLECTED FROM THEM. SERGEANT FISCHER PROVIDED THE GROCERY BAG CONTAINING THE FIREARM TO ME. I OPENED THE GROCERY BAG AND FOUND EIGHT ROUNDS INSIDE THE BAG ALONG WITH THE FIREARM. THE MAGAZINE WAS REMOVED FROM the FIREARM, WHICH HAD NO ROUNDS IN IT. THE FIREARM HAD ONE ROUND INSIDE THE CHAMBER. THE ROUND THAT WAS FOUND IN THE DEFENDANT'S POCKET MATCHED ALL THE ROUNDS FOUND IN THE BAG AND IN THE FIREARM. THIS DEPUTY THEN BEGAN RESPONDING TO THE CITRUS COUNTY DETENTION FACILITY. WHILE EN ROUTE, CONTACT WAS MADE WITH COMMUNICATIONS OFFICER WALKER. I ASKED HER TO MAKE A TAPE OF THE 9-1-1 CALL FROM THIS INCIDENT FOR EVIDENCE REGARDING THIS CASE. UPON MY ARRIVAL AT THE DETENTION FACILITY and WHILE IN THE PROCESS OF COMPLETING THE ARREST AFFIDAVIT, DEPUTY DAVIS ADVISED THAT WHEN HE WENT INTO THE HOLDING ROOM WHERE THE DEFENDANT WAS LOCATED, THE DEFENDANT ASKED DEPUTY DAVIS, "DO YOU HAVE MY GUN?” CONTACT WAS MADE WITH TELETYPE AND THE FIREARM WAS RUN THROUGH FCIC/NCIC. IT WAS DETERMINED THAT THE FIREARM WAS NOT LISTED AS STOLEN. WHILE AT THE DETENTION FACILITY, THE DEFENDANT'S CRIMINAL HISTORY WAS OBTAINED. IT WAS DISCOVERED THAT THE DEFENDANT WAS REGISTERED AS A FELON ON 101105. THE SHERIFF'S OFFICE KNOWN OFFENDER NUMBER FOR THE DEFENDANT IS KO05000424. WHILE AT THE DETENTION FACILITY, I ASKED THE DEFENDANT IF HE HAD FALLEN INTO THE POND THAT WAS IN THE BACKYARD OF THE RESIDENCE WHERE HE HAD BEEN LOCATED BY LAW ENFORCEMENT AND IF HE HAD SCRATCHED HIS HEAD WHEN HE FELL, TO which HE STATED YES. THE DEFENDANT'S BOND WAS SET AT $10,000.00 PER THE BOND SCHEDULE. THE DETENTION FACILITY STAFF MEMBERS WERE ADVISED TO PLACE THE DEFENDANT ON A 24-HOUR WATCH DUE TO HIM POSSIBLY BEING SUICIDAL. *NOT-EXEMPT* |
