| Probable cause affidavit: |
submitted by: FASS, CRAIG 0361 (AR13-8407) (13-172949) WITH THE INTENT TO EITHER PERMANENTLY OR TEMPORARILY DEPRIVE THE PERSON OR THE OWNER OF THE MONEY OR OTHER PROPERTY, WHEN IN THE COURSE OF TAKING THERE IS A USE OF FORCE, VIOLENCE, ASSAULT, OR PUTTING IN FEAR, IN THE COURSE OF THE ROBBERY THE DEFENDANT DID CARRY A FIREARM, DEADLY WEAPON, OR OTHER WEAPON, TO WIT: SEMI-AUTOMATIC FIREARM, IN VIOLATION OF FLORIDA STATE STATUTE 812.13(2)(A). ON 121713, I WAS CONTACTED BY PATROL SERGEANT BOBBY LAMBERT IN REFERENCE TO ME BEING THE ON-CALL MAJOR CRIMES DETECTIVE. SERGEANT LAMBERT STATED THAT AN ARMED ROBBERY OCCURRED IN THE INVERNESS FLORIDA AREA. HE STATED THAT PATROL DEPUTIES WERE CURRENTLY INTERVIEWING the VICTIM, MR JAMES FORREST, AND THE SUSPECTS HAD FLED IN A TWO-DOOR TOYOTA. SERGEANT LAMBERT ADDED THAT THE SUSPECT VEHICLE WAS LOCATED BY DETECTIVE JEREMY LAUGHLIN. A TRAFFIC STOP WAS ATTEMPTED AND the VEHICLE FLED FROM DETECTIVE LAUGHLIN. AT THIS TIME, DEPUTIES WERE CURRENTLY AGAIN ATTEMPTING TO MAKE CONTACT WITH THE SUSPECT VEHICLE. I MADE CONTACT with the VICTIM, MR JAMES FORREST, WHO ADVISED HE WAS WALKING IN the AREA OF 223 CHERRY AVENUE WHEN HE WAS APPROACHED BY A WHITE MALE (SUSPECT ONE) WHO REQUESTED A CIGARETTE FROM HIM. MR FORREST ADVISED HE WAS FAMILIAR WITH SUSPECT ONE DUE TO BEING A PAST ACQUAINTANCE AND THAT SUSPECT ONE ASKED HIM IF HE WOULD LIKE TO COME INSIDE THE GARAGE AREA OF the RESIDENCE. MR FORREST ADVISED HE DID SO AND SUSPECT ONE ENTERED THE RESIDENCE THROUGH THE GARAGE DOOR WHILE HE STAYED IN THE GARAGE. A SHORT TIME AFTER, SUSPECT ONE RETURNED HOLDING A BLACK IN COLOR SEMI-AUTOMATIC FIREARM AND STARTED PUNCHING, KICKING AND HITTING MR FORREST WITH the GUN. SUSPECT TWO, A WHITE FEMALE, THEN CAME IN TO THE GARAGE AND STARTED REMOVING ITEMS FROM MR FORRESTâS POCKETS. MR FORREST STATED SUSPECT TWO ALSO PUNCHED AND KICKED HIM. MR FORREST THEN ADVISED THAT SUSPECT THREE AND FOUR CAME INTO THE GARAGE FROM the RESIDENCE AND ALSO PUNCHED AND KICKED HIM. HE ADVISED HE WAS ABLE TO GET AWAY FROM the SUBJECTS BUT THE SUBJECTS HAD STOLEN HIS CELLULAR TELEPHONE, TENNIS SHOES, MONEY AND CIGARETTES DURING THE INCIDENT. MR FORREST ADVISED THAT HE ATTEMPTED TO GET HELP FROM NEIGHBORING RESIDENCES BUT WAS UNSUCCESSFUL. DURING THIS TIME, the FOUR SUSPECTS WERE ENTERING A BLUE TOYOTA TWO-DOOR. PRIOR TO the SUSPECTS LEAVING THE AREA, MR FORREST STATED that SUSPECT ONE POINTED A FIREARM AT HIM FROM the PASSENGER FRONT SEAT AND ATTEMPTED TO SHOOT HIM. MR FORREST COULD NOT PROVIDE A REASON FOR WHY THE SUSPECTS DID THIS TO HIM EXCEPT FOR SUSPECT ONE YELLED AT HIM THAT HE WAS WEARING GANG COLORS. MR FORREST COULD NOT PROVIDE DESCRIPTION OF SUSPECTS THREE AND FOUR DUE TO THEM HAVING MASKS ON. HE DID STATE SUSPECT THREE WAS APPROXIMATELY 6â3â, HEAVY BUILD AND SUSPECT FOUR WAS APPROXIMATELY 5â10â THINNER BUILD. I OBSERVED MR FORREST TO HAVE SWELLING ON HIS FOREHEAD AND A LACERATION ON THE BRIDGE OF HIS NOSE. HE STATED THAT DUE TO HIM BEING BATTERED IT WAS POSSIBLE HE HAD SUSTAINED A CONCUSSION. HOWEVER, MR FORREST CHOSE NOT TO HAVE ANY MEDICAL ATTENTION. WHILE SEARCHING THE AREA WHERE MR FORREST SAID HE WAS SHOT AT, A .380 CALIBER SHELL CASING WAS LOCATED. WHILE DEPUTIES WERE CONDUCTING A NEIGHBORHOOD CANVASS SEVERAL NEIGHBORS PROVIDED SWORN WRITTEN STATEMENTS STATING THEY HEARD A SOUND LIKE A FIRECRACKER AND OBSERVED A BLUE CAR DRIVE OFF FROM the AREA. CONTACT WAS MADE WITH MR MICHAEL POSEY, WHO RESIDES AT 223 CHERRY AVENUE. MR POSEY ADVISED THAT HE CAME HOME FROM WORK AND THAT HIS SISTER (SUSPECT TWO), SUSPECT ONE, SUSPECT THREE (WHO HE IDENTIFIED AS ERIK) AND SUSPECT FOUR (WHO HE IDENTIFIED AS âKJâ) WERE AT the RESIDENCE. HE STATED WHILE IN THE LIVING ROOM, HE HEARD SOUNDS FROM OUTSIDE OF WHAT SOUNDED LIKE A FIRECRACKER AND HE LOOKED OUTSIDE AND HE OBSERVED THE FOUR SUSPECTS IN SUSPECT THREEâS VEHICLE LEAVING THE AREA. HE STATED THAT HE OBSERVED A SUBJECT (THE VICTIM) ALSO LEAVING THE AREA. MR POSEY WAS UNSURE WHAT EXACTLY HAPPENED BUT HE DID HAVE KNOWLEDGE OF SUSPECT ONE, THREE AND FOUR HAVING IN THEIR POSSESSION A BLACK SEMI-AUTOMATIC FIREARM. CONTACT WAS MADE WITH DETECTIVE JEREMY LAUGHLIN. HE ADVISED WHILE DOING ROUTINE PATROL HE OBSERVED SUSPECT ONE, WHO HE HAS KNOWLEDGE HAS AN ACTIVE CITRUS COUNTY WARRANT, DRIVING SUSPECT THREEâS VEHICLE. DETECTIVE LAUGHLIN ADVISED HE WAS FAMILIAR WITH SUSPECT THREE (ERIK HILL) AND MR HILLâS VEHICLE. HE ATTEMPTED TO CONDUCT A TRAFFIC STOP ON the VEHICLE. HE ADVISED DISPATCH OF the VEHICLEâS TAG NUMBER, WHICH CAME BACK TO SUSPECT THREE, ERIK HILL. AFTER A SHORT VEHICLE CHASE, SUSPECT ONE FLED FROM the DRIVER SIDE OF the VEHICLE IN THE AREA OF ARLINGTON AND HIGHWAY 41. DETECTIVE LAUGHLIN ATTEMPTED TO MAKE CONTACT WITH SUSPECT ONE BUT WAS UNABLE TO. WHEN HE ATTEMPTED TO COME BACK TO THE VEHICLE, THE VEHICLE WAS GONE. DETECTIVE LAUGHLIN AND DETECTIVE CALLAHAN MADE CONTACT WITH SUSPECT THREEâS FATHER WHO CONTACTED HIS SON ERIK HILL VIA TELEPHONE. ERIK ADVISED HIS FATHER HE WAS INVOLVED IN A CAR CHASE AND AGREED TO RETURN TO THE RESIDENCE. WHILE AT the RESIDENCE, DETECTIVE LAUGHLIN SPOKE WITH MR ERIK HILL WHO ADMITTED TO BEING AT THE RESIDENCE WHERE THE ROBBERY OCCURRED AT 223 CHERRY AVENUE BUT DENIED PARTICIPATING. LATER MR HILL REFUSED TO PROVIDE AN INTERVIEW TO THIS DETECTIVE. ON 121813, A .380 CALIBER CAL-TECH BLACK IN COLOR FIREARM WAS LOCATED IN the AREA OF ARLINGTON AND HIGHWAY 41. INFORMATION WAS RECEIVED FROM A CITIZEN STATING THEY WERE IN CONTACT WITH SUSPECT FOUR (KENNETH âKJâ CLARKE) AND THAT MR CLARKE ADMITTED TO BEING INVOLVED IN A ROBBERY INCIDENT. THE CITIZEN WAS ABLE TO ADVISE ACCURATE INFORMATION IN REFERENCE TO THE INCIDENT WHICH THEY STATED they RECEIVED FROM MR CLARKE. MR CLARKE PROVIDED the CITIZEN WITH ACCURATE INFORMATION OF ALL FOUR SUSPECTS AND the VICTIMâS IDENTITY. THE CITIZEN ALSO HAD KNOWLEDGE thAT SUSPECT ONE ATTEMPTED TO SHOOT the VICTIM DURING THE ROBBERY. ON 121813, PHOTOGRAPH LINE-UPS WERE VIEWED BY THE WITNESS, MR MICHEAL POSEY, OF SUSPECT THREE (ERIK HILL) AND SUSPECT FOUR (KENNETH CLARKE). MR POSEY POSITIVELY IDENTIFIED MR HILL AND MR CLARKE AS BEING THE SUBJECTS THAT WERE AT HIS RESIDENCE THE PRIOR EVENING AND BEING INVOLVED IN THE INCIDENT. I MADE CONTACT WITH SUSPECT FOUR (KENNETH âKJâ CLARKE) AT THE CITRUS COUNTY DETENTION FACILITY AND CONDUCTED A POST MIRANDA INTERVIEW. MR CLARKE ADVISED THAT HE AND ERIK HILL WERE IN the HERNANDO AREA WHEN THEY received A CALL FROM SUSPECT ONE. MR CLARKE ADVISED THAT SUSPECT ONE REQUESTED THEM TO COME TO SUSPECT TWOâS RESIDENCE IN A HURRY. ONCE THEY ARRIVED IN MR HILLâS VEHICLE, THEY OBSERVED A PHYSICAL ALTERCATION OCCURRING IN THE GARAGE OF the RESIDENCE. MR CLARKE STATED that PRIOR TO HIM AND MR HILL ENTERING THE GARAGE, THE VICTIM HAD ALREADY SUSTAINED SEVERAL INJURIES AND THE VICTIMâS ITEMS WERE ALREADY TAKEN FROM HIM. HE ADVISED HE ATTEMPTED TO SEPARATE SUSPECT ONE AND TWO FROM the VICTIM. HE STATED DURING THIS TIME PERIOD, THE VICTIM WAS COMBATIVE AND HE ADMITTED TO PUNCHING the VICTIM IN the FACE. HE STATED ALL FOUR SUSPECTS GOT INTO MR HILLSâ VEHICLE, AT WHICH TIME SUSPECT ONE ATTEMPTED TO SHOOT the VICTIM FOR AN UNKNOWN REASON. MR CLARKE PROVIDED INFORMATION ON WHERE the VICTIMâS ITEMS WERE, WHICH WAS BY THE BRIDGE ON HIGHWAY 41. THE VICTIMâS TENNIS SHOES AND TELEPHONE WERE LOCATED IN the EXACT AREA that MR CLARKE PROVIDED. I ALSO DISCUSSED WITH MR CLARKE THE CAR CHASE AFTER THE ROBBERY INCIDENT OCCURRED. MR CLARKE ADVISED DURING THE CAR CHASE, SUSPECT ONE WAS DRIVING AND AFTER SUSPECT ONE FLED THE VEHICLE, MR CLARKE STATED THAT HE THEN DROVE the VEHICLE AWAY FROM the AREA. MR CLARKE ADMITTED THAT HE NEVER ATTEMPTED TO CONTACT LAW ENFORCEMENT AT ANY TIME DURING OR AFTER THE INCIDENT. IN THE VICTIMâS STATEMENT HE ADVISED THAT SUSPECT THREE (ERIK HILL) AND SUSPECT FOUR (KENNETH CLARKE) PARTICIPATED IN STEALING HIS BELONGINGS AND BATTERING HIM. BOTH MR CLARKE AND MR HILL ADMITTED TO BEING PRESENT DURING THIS INCIDENT and MR CLARKE ADMITTED TO STRIKING THE VICTIM IN THE HEAD. THE WITNESS, MR MICHAEL POSEY STATED THAT MR HILL AND MR CLARKE WERE AT THE RESIDENCE PRIOR TO THE VICTIMâS ARRIVAL, WHICH CONTRADICTS MR CLARKEâS STATEMENT OF MR CLARKE AND MR HILL ARRIVING AT THE RESIDENCE AFTER SUSPECT ONE AND SUSPECT TWO HAD ALREADY STRUCK AND STOLE THE VICTIMâS ITEMS. IT WAS DETERMINED that PROBABLE CAUSE EXISTED FOR BOTH MR CLARKE AND MR HILL TO BE CHARGED WITH ONE COUNT OF ARMED ROBBERY. THIS IS DUE TO THE VICTIM BEING BATTERED CAUSING INJURIES, HIS BELONGINGS BEING STOLEN AND DURING THE INCIDENT A FIREARM WAS PRESENT. BOTH SUBJECTS WERE ALREADY IN CUSTODY ON UNRELATED CHARGES. BOTH SUBJECTS WERE GIVEN A $50,000.00 BOND PER the BOND SCHEDULE. |
