| Probable cause affidavit: |
SUBMITTED BY: MCGILL, TOMMY 1360 (AR15-14873) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE UNKNOWN VICTIM'S RESIDENCE, LOCATED AT 2255 WEST LANDMARK DRIVE, DUNNELLON, CITRUS COUNTY, FLORIDA, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF UNKNOWN OWNER, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: CRIMINAL MISCHIEF, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(B). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF UNKNOWN PROPERTY OWNER, TO-WIT: KICKED THE BACK DOOR, SHATTERING THE GLASS IN THE DOOR, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(B)(2). DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY MCGILL, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: GAVE A FALSE NAME AND DATE OF BIRTH, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 050615, I WAS DISPATCHED TO 2255 WEST LANDMARK DRIVE IN DUNNELLON, IN REFERENCE TO A PAST BURGLARY. UPON MY ARRIVAL, I WALKED TO THE REAR OF THE RESIDENCE AND WHEN I CAME AROUND THE CORNER TO THE BACK DOOR, I OBSERVED BROKEN GLASS ON THE PORCH AND A BROKEN DOOR, WITH THE DEFENDANT STANDING ON THE BACK PORCH. THERE WAS ALSO BROKEN GLASS INSIDE THE RESIDENCE ON THE RUG. WHEN I ASKED THE DEFENDANT WHAT HE WAS DOING AT THE RESIDENCE, HE STATED ââNOTHINGââ. WHEN I ASKED HIS NAME, HE STATED THAT HIS NAME WAS JULIAN AMIL. THE DEFENDANT ALSO ADVISED THAT HE WAS THERE TO SEE HIS 16-YEAR-OLD GIRLFRIEND, KASEY DISLA. I PLACED THE DEFENDANT IN HANDCUFFS (DOUBLE LOCKED)BEHIND HIS BACK AND HAD HIM STAND WITH DEPUTY HESSE WHILE I WENT INSIDE TO THE CLEAR THE REST OF THE RESIDENCE FOR ANYONE ELSE IN THE RESIDENCE. AFTER CLEARING THE RESIDENCE AND IT WAS DEEMED SAFE, I HAD THE DEFENDANT STEP INTO THE RESIDENCE AND ASKED HIM HIS NAME AND DATE OF BIRTH ONCE AGAIN, WHICH HE GAVE ME THE SAME NAME AND DATE OF BIRTH OF 022797. I IMMEDIATELY READ THE DEFENDANT HIS MIRANDA RIGHTS VIA AGENCY ISSUED CARD AND ASKED HIM WHAT HE WAS DOING IN THE RESIDENCE. HE STATED THAT HE WAS SEEING HIS GIRLFRIEND WHO LIVED NEXT DOOR, WHOSE NAME WAS KASEY DISLA. WHEN I RAN THE DEFENDANT THROUGH TELETYPE AND TELETYPE ADVISED THAT THERE WAS NO SUCH NAME LISTED. I WENT NEXT DOOR TO THE COMPLAINANTâS RESIDENCE AND SPOKE WITH THE COMPLAINANTâS GRANDDAUGHTER, KASEY DISLA, WHO GAVE ME THE DEFENDANTâS REAL NAME AND DATE OF BIRTH, JULIAN A DOMINGUEZ, 022697. I ASKED THE DEFENDANT WHY HE LIED TO ME AND GAVE ME A FALSE NAME AND HE STATED BECAUSE HE WAS SCARED AND DID NOT WANT TO GET IN TROUBLE. I WALKED THE DEFENDANT OUT TO MY PATROL VEHICLE AND PLACED HIM IN THE BACK SEAT OF MY PATROL VEHICLE. I WALKED BACK TO THE COMPLAINANTâS RESIDENCE AND SPOKE WITH THE COMPLAINANT, MS SANDRA MEJIA, AND HER HUSBAND, MR DANILO ESAPALLIAT. THE COMPLAINANT STATED THAT TODAY AT APPROXIMATELY 1600 HOURS TO 1700 HOURS, SHE AND HER HUSBAND WERE OUT IN THE YARD LOOKING AT THEIR GARDEN AND THEY NOTICED BROKEN GLASS ON THE NEIGHBORâS BACK PORCH. MR ESAPALLIAT STATED THAT HE GOT CLOSER AND SAW THAT THE FRENCH DOOR HAD BEEN BROKEN AND CALLED 911 TO REPORT IT BECAUSE THEY FELT THREATENED. I SPOKE TO KASEY DISLA, WHO STATED THAT SHE HEARD POUNDING ON THE DOOR AROUND 1400 HOURS. THE DEFENDANT ALSO TEXTED HER ON HER CELL PHONE STATING THAT HE KICKED THE DOOR IN BECAUSE HE WAS TRYING TO GET INTO THE RESIDENCE TO GET SOME SLEEP BECAUSE HE DID NOT WANT TO SLEEP IN THE WOODS. I HAD THE COMPLAINANT, HER HUSBAND AND HER GRANDDAUGHTER PROVIDE ME WITH SWORN WRITTEN STATEMENTS THAT WERE COLLECTED AND LATER TURNED IN TO RECORDS. THE COMPLAINANT AND HER FAMILY WERE PROVIDED WITH AN AGENCY CASE CARD BEARING MY NAME, INFORMATION AND THE CASE NUMBER AND ADVISED TO CALL THIS AGENCY IF THEY HAD ANY FURTHER INFORMATION OR QUESTIONS REGARDING THIS CASE. I WALKED BACK TO MY PATROL VEHICLE AND ASKED THE DEFENDANT WHY HE KICKED THE DOOR IN TO THE RESIDENCE AND HE STATED TO ME THAT HE DID NOT WANT TO SLEEP OUT IN THE WOODS, HE WAS SORRY AND DID NOT WANT TO GET IN ANY TROUBLE. THE DEFENDANT WAS ADVISED THAT HE WAS UNDER ARREST AND BEING CHARGED WITH BURGLARY, CRIMINAL MISCHIEF AND OBSTRUCTION OF A LAW ENFORCEMENT OFFICER WITHOUT VIOLENCE. THE DEFENDANT WAS TRANSPORTED THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH BURGLARY TO AN UNOCCUPIED RESIDENCE, WITH A BOND OF $10,000.00, CRIMINAL MISCHIEF OVER $200.00 WITH A BOND OF $1,000.00 AND OBSTRUCTION WITHOUT VIOLENCE WITH A BOND OF $1,000.00, FOR A TOTAL BOND SET AT $12,000.00, PER THE BOND SCHEDULE. PER THE DEFENDANTâS ADMISSION, HE IS CURRENTLY OUT ON BOND FOR LEWD AND LASCIVIOUS BATTERY FROM A CHARGE IN DADE COUNTY, FLORIDA. |
