| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11124089) did unlawfully PLAN/MANAGES/SUPERVISES AND traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: JEWELRY, the property of THE VICTIM, In violation of Florida Statute 812.019(2). ON 121911 AT APPROXIMATELY 1001 HOURS, I RESPONDED TO 123 SOUTHEAST HIGHWAY 19 IN CRYSTAL RIVER, WHICH IS THE CRYSTAL RIVER SUBSTATION, IN REFERENCE TO A THEFT WHICH HAD ALREADY OCCURRED. UPON MY ARRIVAL, I MADE CONTACT WITH MS DORIS MAITA (VICTIM), WHO ADVISED SHE HAS BEEN HAVING AN ONGOING PROBLEM WITH HER DAUGHTER, SUSPECT DEANNA HARBER. SHE STATED APPROXIMATELY TWO MONTHS AGO WHILE DEANNA AND HER HUSBAND, SUSPECT JUSTIN HARBER, WERE LIVING AT HER RESIDENCE SHE CAUGHT DEANNA STEALING HER JEWELRY. SHE HAD RECOVERED HER JEWELRY THROUGH A THIRD PARTY FRIEND OF DEANNA'S. IT WAS LEARNED THE JEWELRY HAD BEEN BURIED IN THE BACKYARD OF DEANNA'S HOME IN INGLIS AFTER DEANNA AND HER HUSBAND VACATED HER RESIDENCE APPROXIMATELY SIX MONTHS AGO. SHE STATED THAT THEY HAD FALLEN ON HARD TIMES AND NEEDED TO MOVE BACK IN SO SHE ALLOWED THEM TO APPROXIMATELY THREE MONTHS AGO. SHE THEN BECAME SCARED THAT DEANNA WAS GOING TO STEAL HER JEWELRY AGAIN SO SHE PUT HER MOST VALUABLE JEWELRY AND HER PAIN MEDICATION IN A MAKEUP BAG AND WOULD KEEP IT IN HER DRESSER DRAWER OF HER MASTER BEDROOM AND UNDER THE TRUNK MATT IN HER CAR. SHE STATED THAT ON YESTERDAY'S DATE AT APPROXIMATELY 12 NOON SHE HAD ENTERED INTO HER TRUNK, CHECKED UNDER THE MATT, OPENED THE BAG AND REALIZED THAT HER PAIN MEDIATION AND LOTS OF JEWELRY WERE MISSING. SHE STATED HER DAUGHTER HAD VACATED HER RESIDENCE APPROXIMATELY ONE AND ONE-HALF MONTHS AGO AND SHE WAS NOT SURE IF THE THEFT HAD OCCURRED FROM HER VEHICLE OR FROM THE RESIDENCE. SHE DID DESCRIBE TO ME ALL ITEMS THAT WERE MISSING, SEE PROPERTY SCREEN FOR DETAILS. SHE DID STATE TO ME THAT SHE CALLED HER DAUGHTER AND CONFRONTED HER; HOWEVER, HER DAUGHTER HAD TOLD HER SHE DID NOT KNOW WHERE THE JEWELRY WAS. THE VICTIM COULD NOT ADVISE OF WHAT TYPE OF PAIN MEDICATION WAS TAKEN; HOWEVER, SHE STATED THEY WERE SMALL, WHITE, ROUND PILLS. THE MEDICATION WAS PRESCRIBED TO HER BY DOCTOR PINELLI AND WAS FILLED APPROXIMATELY ONE MONTH AGO AT THE WALGREENS IN CRYSTAL RIVER. SHE ADVISED SHE WOULD BE GETTING WITH HER DOCTOR TO FIND OUT EXACTLY WHAT THEY WERE. AT THAT TIME, I DID HAVE HER COMPLETE A MEDICATION THEFT AFFIDAVIT. MS MAITA ADVISED ME WHEN SHE FOUND OUT THE JEWELRY WAS MISSING THAT SHE WENT THROUGH HER DAUGHTER'S AND HUSBAND'S VEHICLE AT HER RESIDENCE ON LAURA LOU LANE AND FOUND SOME PAWN SLIPS WHERE HER DAUGHTER HAD PAWNED JEWELRY WHERE SHE WORKS, WHICH IS AT PAT'S PAWN. SHE DID SHOW ME THIS RECEIPT WHICH WAS FROM OCTOBER, 2011. THIS DID APPEAR TO BE BEFORE SHE BELIEVED THE JEWELRY WAS TAKEN. I PROCESSED THE TRUNK AREA OF THE VEHICLE, WHICH WAS MET WITH NEGATIVE RESULTS FOR LOCATING ANY LATENT PRINTS, SEE CRIME SCENE TECHNICIAN (CST) REPORT. I THEN HAD DEPUTY CRUZ RESPOND TO THE VICTIM'S RESIDENCE WITH HER TO CHECK THE HOUSE FOR FORCED ENTRY AND TO SEE WHERE THE JEWELRY BAG HAD BEEN LOCATED. HE DID ADVISE ME THERE WAS NO SIGNS OF FORCED ENTRY. OTHER JEWELRY HAD NOT BEEN TOUCHED THAT WAS ON TOP OF THE MASTER BEDROOM DRESSER. AT THAT TIME, DEPUTY CRUZ MADE CONTACT WITH SUSPECT DEANNA HARBER AT HER PLACE OF EMPLOYMENT, PAT'S PAWN. WHILE HE WAS DOING SO I RAN BOTH SUSPECTS THROUGH PS.NET PAWNBROKERS SECTION IN AN ATTEMPT TO LOCATE RECENT PAWNS. I LOCATED TWO PAWNS FROM SUSPECT JUSTIN HARBER AND ONE PAWN FROM SUSPECT DEANNA HARBER WITHIN THE APPROXIMATE TIME FRAME OF THE THEFT. SUSPECT DEANNA DID PAWN ON 110711 A GOLD BRACELET WITH AN "I LOVE YOU" CHARM WHICH WAS LATER CONFIRMED TO BE HERS SOLD TO HER FROM PAT'S PAWN AND UNRELATED TO THIS THEFT. I ALSO FOUND THAT ON 111111 TWO PAWNS WERE MADE BY JUSTIN HARBER CONSISTING OF A TOTAL OF SEVEN PIECES OF JEWELRY ALL MATCHING THE DESCRIPTIONS THAT WERE GIVEN BY THE VICTIM. ALL THREE PAWNS WERE MADE AT SPECIALTY GEMS IN CRYSTAL RIVE. I THEN RESPONDED TO SPECIALTY GEMS; HOWEVER, THEY ARE CLOSED ON MONDAY. I THEN RESPONDED TO SUSPECT DEANNA HARBER'S PLACE OF WORK, PAT'S PAWN, WHERE I THEN READ HER MIRANDA RIGHTS VIA PER PRINTED CARD AND BEGAN TO SPEAK WITH HER. SHE STATED SOME TIME IN NOVEMBER SHE AND HER HUSBAND LIVED WITH HER MOTHER AND HAD FALLEN ON HARD TIMES. SHE THEN INSTRUCTED HER HUSBAND TO LOOK THROUGH THEIR THINGS TO SEE WHAT THEY COULD SELL FOR MONEY. SHE THEN STATED TO HIM THAT IF HE COULD NOT FIND ENOUGH THINGS TO GET SOME MONEY THAT HE NEEDED TO TAKE SOME OF HER MOTHER'S IN ORDER TO PAWN AND GET SOME MONEY. SHE STATED SHE BELIEVED HE THEN TOOK THE JEWELRY, BROUGHT IT TO SPECIALTY GEMS AND SOLD IT. SHE STATED THAT HE LATER DID TELL HER THAT, THAT IS WHAT HE DID AND THEY USED THE MONEY TO PAY THEIR BILLS. AT THAT TIME, SHE COMPLETED A SWORN WRITTEN STATEMENT OF THESE EVENTS. SHE DID ADVISE ME THAT HER HUSBAND WORKS OUT OF TOWN AND WILL BE BACK 122311 AND THEN LEAVES AGAIN 122611. I DID INSTRUCT HER THAT I NEEDED TO SPEAK WITH HIM ABOUT THIS CASE. SHE STATED SHE WOULD LET ME KNOW WHEN HE COMES BACK INTO TOWN. AT APPROXIMATELY 1030 HOURS I RESPONDED TO SPECIALTY GEMS AND ADVISED THEM OF THIS CASE. THEY ADVISED THEY would RESEARCH THE ISSUE AND CALL ME BACK. AT APPROXIMATELY 1330 HOURS, THEY CONTACTED ME BACK ADVISING THEY HAD LOCATED FIVE ITEMS THAT SUSPECT, JUSTIN HARBER HAD PAWNED ON 111111. I THEN RESPONDED THERE AND CONFIRMED THAT THREE OF THE ITEMS MATCHED THE DESCRIPTION OF THE VICTIM'S PROPERTY WHICH CONSISTED OF TWO RINGS AND A TENNIS BRACELET. I THEN CONTACTED THE VICTIM, WHO RESPONDED TO MY LOCATION. I SHOWED ALL FIVE PIECES OF JEWELRY TO THE VICTIM; ONE PIECE AT A TIME, WHICH SHE DID IDENTIFY ALL FIVE AS BEING HERS. THERE WAS A PIECE OF BOX CHAIN AND A THREE DIAMOND CLUSTER RING WHICH SHE CALLED HER "PINKY RING" PAWNED AT THIS TIME, WHICH SHE DID NOT KNOW WAS MISSING. SHE DID SHOW ME THAT THE PINKY RING FIT HER PINKY WHICH WAS A SIZE FIVE. SHE THEN ADVISED ME THAT SHE BELIEVED THE TENNIS BRACELET HAD BEEN MISSING FOR APPROXIMATELY SIX MONTHS. SHE FURTHER ADVISED ME THAT THE YELLOW GOLD TENNIS BRACELET WITH DIAMONDS AND THE ENGAGEMENT MARQUIS RING WORTH $5,000.00 HAD BEEN MISSING FOR APPROXIMATELY SIX MONTHS. AT THAT TIME PHOTOGRAPHS WERE TAKEN OF THE JEWELRY AND AN AFFIDAVIT OF PAWN SECOND HAND DEALER FORM, ALONG WITH AFFIDAVIT OF PROPERTY OWNER AND A SECOND HAND DEALER EVIDENCE NOTIFICATION FORM WERE COMPLETED. AT THAT TIME SPECIALTY GEMS MADE COPIES OF THE EVIDENCE FORM AND ISSUED ME A PAWN TICKET BEARING SUSPECT JUSTIN'S PHOTO COPIED DRIVER'S LICENSE, HIS ORIGINAL SIGNATURE, AND HIS THUMB PRINT. I ISSUED SPECIALTY GEMS A PROPERTY RECEIPT FOR THIS PAWN SLIP AND CREATED A PACKET WHICH WILL BE TURNED OVER TO EVIDENCE. SPECIALTY GEMS WAS INSTRUCTED TO MAINTAIN THE PROPERTY UNTIL COURT PROCEEDINGS ARE FILED. DUE TO THE FACT THAT ALL OF THE VICTIM'S JEWELRY WAS NOT RECOVERED, AND THAT SHE IS NOT COMPLETELY SURE OF WHEN IT WAS STOLEN, ALL PAWN RECEIPTS LISTED IN PS NET FOR BOTH SUSPECTS WERE CHECKED AND OF THE PROPERTY PREVIOUSLY PAWNED MATCHED THE DESCRIPTION OF THE REST OF THE VICTIM'S PROPERTY. ON 122311 AT APPROXIMATELY 1100 HOURS, I MET WITH BOTH SUSPECTS AT the CRYSTAL RIVER SUBSTATION LOCATED AT 123 SE HIGHWAY 19, IN REFERENCE TO FURTHER INVESTIGATION. I FIRST SPOKE WITH SUSPECT JUSTIN HARBER WHERE HE WAS READ HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. HE ADVISED ME ON OR ABOUT THE END OF SEPTEMBER OR THE BEGINNING OF NOVEMBER, 2011 HE WAS LIVING WITH his WIFE'S MOTHER (the VICTIM) BECAUSE HE HAD FALLEN ONTO HARD TIMES. AT THAT TIME, HE AND HIS WIFE HAD DECIDED TO PAWN SOME OF their BELONGINGS AND IF THEY DID NOT HAVE ENOUGH TO PAWN THEY would TAKE SOME OF the VICTIM'S. HE STATED THAT HIS WIFE TOLD HIM the JEWELRY WAS LOCATED UNDER the TRUNK MATT INSIDE THE VICTIM'S VEHICLE. AT WHICH TIME, MR HARBER WENT INSIDE THE VICTIM'S VEHICLE LOCATED in the GARAGE OF HER HOME AND TOOK WHAT HE DESCRIBED AS ONE BRACELET, ONE GOLD CHAIN AND A COUPLE OF RINGS. HE STATED THAT HE IMMEDIATELY WENT TO SPECIALTY GEMS AND PAWNED THEM. I DID QUESTION HIM IN REFERENCE TO THE REMAINDER OF the JEWELRY, TO WHICH HE ADVISED ME THAT WHAT HE PAWNED WAS EXACTLY WHAT HE TOOK FROM HER BAG. HE ALSO ADVISED ME THROUGHOUT QUESTIONING that HE DID NOT SEE ANY MEDICATION INSIDE THIS BAG. AT THAT TIME, HE COMPLETED A SWORN, WRITTEN STATEMENT. HE WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS back AND TRANSPORTED TO the CITRUS COUNTY JAIL. IT SHOULD BE NOTED, THIS WAS A PREARRANGED INTERVIEW AND THAT the DEFENDANT WILLINGLY TURNED HIMSELF IN TO THIS DEPUTY. THE DEFENDANT'S TOTAL BOND WAS SET AT $5,000.00, PER THIS DEPUTY. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
