| Probable cause affidavit: |
SUBMITTED BY: PRUITT, DODI 0396 (AR09111938) COMMIT THE OFFENSE OF VIDEO VOYEURISM BY FOR HIS OWN AMUSEMENT, ENTERTAINMENT, SEXUAL AROUSAL, GRATIFICATION, OR PROFIT, OR FOR THE PURPOSE OF DEGRADING OR ABUSING ANOTHER PERSON, INTENTIONALLY USED OR INSTALLED AN IMAGING DEVICE, TO WIT: A DIGITAL CAMERA, TO SECRETLY VIEW, BROADCAST, OR RECORD A PERSON WITHOUT THE PERSON'S KNOWLEDGE AND CONSENT, WHO IS DRESSING, UNDRESSING, OR PRIVATELY EXPOSING THE BODY, AT A PLACE AND TIME WHEN THAT PERSON HAS A REASONABLE EXPECTATION OF PRIVACY, AND THE PERSON WHO COMMITS THE OFFENSE IS TWENTY-FOUR YEARS OF AGE OR OLDER AND COMMITS AN OFFENSE UNDER THIS SECTION AGAINST A CHILD YOUNGER THAN SIXTEEN (16) YEARS OF AGE, REGARDLESS OF WHETHER THE PERSON KNOWS OR HAS REASON TO KNOW THE AGE OF THE CHILD COMMITS A FELONY OF THE THIRD DEGREE PUNISHABLE AS PROVIDED IN S.775.082, S. 775.083, OR S. 775.084, IN VIOLATION OF FLORIDA STATE STATUTE 810.145(8)(A)(3) AND POSSESS OR PROMOTE CERTAIN IMAGES OF CHILD PORNOGRAPHY, TO WIT: THE DEFENDANT WAS IN ACTUAL OR PHYSICAL POSSESSION OF ONE HUNDRED-FORTY (140) PICTURES DEPICTING CHILDREN EITHER PERFORMING SEXUAL INTERCOURSE AND/OR DISPLAYING LEWD EXHIBITION OF THE GENITALS, IN VIOLATION OF FLORIDA STATE STATUTE 775.0847(3)(A) ON 102009 THE CITRUS COUNTY SHERIFF'S OFFICE WAS NOTIFIED BY THE VICTIM'S MOTHER THAT THE DEFENDANT, MR KEVIN EDWARD WHITTY, HAD GIVEN THE VICTIM A CELLULAR TELEPHONE FOR HER BIRTHDAY. THE VICTIM'S MOTHER WAS REVIEWING THE PHONE'S FEATURES AND CAME ACROSS DISTURBING PICTURES OF PREPUBESCENT FEMALE POSING IN A PROVOCATIVE MANNER, WEARING BIKINI BATHING SUITS OR VERY LITTLE CLOTHING. THE VICTIM AND HER TWELVE YEAR OLD SISTER WERE INTERVIEWED BY A SPECIAL VICTIM'S UNIT DETECTIVE TO ENSURE THEY WERE NOT SEXUALLY ABUSED BY THE DEFENDANT. DURING THE INTERVIEW WITH THE TWELVE YEAR OLD, THE TWELVE YEAR OLD STATED SHE OBSERVED PICTURES OF THE VICTIM ON THE DEFENDANT'S DIGITAL CAMERA, TAKING A BATH IN THE COMMON BATHROOM. SHE STATED THE FIRST THREE PICTURES WERE OF THE VICTIM BATHING NAKED AND SHE COULD OBSERVE THE VICTIM'S BREAST AREA IN THOSE PICTURES. SHE STATED THE NEXT COUPLE OF PICTURES WERE OF THE VICTIM LOOKING SURPRISED AND TRYING TO COVER UP WITH THE SHOWER CURTAIN. SHE STATED THAT SHE ASKED THE DEFENDANT WHY HE TOOK PICTURES OF THE VICTIM AND HE TOLD HER NOT TO TELL HER MOTHER. DURING THE INTERVIEW WITH THE VICTIM, SHE WAS ASKED ABOUT THE PICTURES THE DEFENDANT TOOK OF HER WHILE SHE WAS TAKING A BATH ONE DAY AT HIS RESIDENCE. SHE STATED THAT SHE WAS RUNNING A BATH AND WHEN SHE SHUT THE WATER OFF, SHE HEARD A NOISE. WHEN SHE LOOKED UP, SHE OBSERVED THE DEFENDANT TAKING PICTURES OF HER WITH THE DIGITAL CAMERA. SHE STATED THAT SHE DID NOT GIVE HIM PERMISSION TO TAKE ANY PICTURES OF HER. SHE ASKED THE DEFENDANT WHAT HE WAS DOING AND HE TOLD HER NOTHING. ON 111609, I RESPONDED TO 8595 EST HOOKER PLACE IN FLORAL CITY IN REFERENCE TO EXECUTING A SEARCH WARRANT FOR VIDEO VOYEURISM ON THE DEFENDANT'S RESIDENCE. I MADE CONTACT WITH THE DEFENDANT AND HIS BROTHER WHO RESIDES WITH HIM AT THE RESIDENCE. BOTH SUBJECTS WERE HANDCUFFED AND INFORMED THAT THEY WERE NOT UNDER ARREST AND THAT THEY WERE BEING TEMPORARILY DETAINED. I READ THEM THE SEARCH WARRANT AND MIRANDA WARNINGS VIA PRE PRINTED AGENCY CARD AND BOTH SUBJECTS STATED THEY UNDERSTOOD THEIR RIGHTS AND WISHED TO SPEAK WITH ME. AFTER THE RESIDENCE WAS CLEARED, BOTH SUBJECTS WERE RELEASED FROM THEIR HANDCUFFS. I FIRST INTERVIEWED THE DEFENDANT WHO STATED THAT HE IS A FAMILY FRIEND OF THE VICTIM'S FAMILY AND HAS KNOWN THE FAMILY FOR OVER FOUR YEARS. HE STATED THE VICTIM AND HER TWELVE YEAR OLD SISTER USED TO STAY OVER FREQUENTLY AT HIS RESIDENCE AND THEY HAVE THEIR OWN BEDROOM THEY USE WHEN THEY ARE AT HIS RESIDENCE. I ASKED THE DEFENDANT IF HE DID TAKE PICTURES OF VICTIM WHILE SHE WAS TAKING A BATH ONE DAY AT HIS RESIDENCE AND HE STATED HE DID. HE STATED THAT HE SHOULD NOT HAVE BUT DID ANYWAY. I ASKED HIM WHAT HE DID WITH THE PICTURES AND HE STATED THAT HE PUT THEM ON A COMPACT DISK HE STORES IN A DRAWER IN HIS COMPUTER DESK. HE STATED THEY MAY BE ON HIS COMPUTER ALSO. THE DEFENDANT STATED HE FREQUENTLY TAKES PICTURES OF THE VICTIM AND HER SISTER. HE STATED THE ONLY TIME HE TOOK ANY NAKED PICTURES WAS THE TIME WITH THE VICTIM IN THE BATHTUB. I ASKED THE DEFENDANT IF HE ASKED THE VICTIM TO POSE IN A PARTICULAR WAY WHEN HE WAS TAKING PICTURES OF HER. HE STATED YES. THE DEFENDANT ADVISED ME THAT HE HAS MULTIPLE PICTURES OF CHILD PORNOGRAPHY ON COMPACT DISKS IN HIS BEDROOM ALSO BUT OF THIS VICTIM OR HER SISTER. THE DEFENDANT ALSO STATED HE HAD CHILD PORNOGRAPHY IN HIS BEDROOM CLOSET. I ASKED THE DEFENDANT WHERE HE OBTAINS THE CHILD PORNOGRAPHY AND HE ADVISED HE DOWNLOADS IT FROM THE INTERNET. THE DEFENDANT STATED HE HAS HIS OWN COMPUTER IN HIS BEDROOM THAT ONLY HE USES AND NOBODY ELSE. HE STATED HE DID USE HIS BROTHER'S COMPUTER OCCASIONALLY BECAUSE IT WAS NEWER AND HAS DIFFERENT APPLICATIONS HE CAN USE THAT HE DOES NOT HAVE ON HIS COMPUTER. HE STATED THAT NEITHER HE NOR HIS BROTHER HAVE INTERNET CAPABILITY ANY LONGER. THE DEFENDANT STATED HE MASTURBATES TO THE CHILD PORNOGRAPHY EVERY ONCE IN A WHILE. THE DEFENDANT STATED THAT HE NEVER "LAID" A HAND ON THE VICTIM OR HER SISTER. HE DID ADVISE ME THAT HE WOULD SLEEP WITH THEM AT NIGHT SOMETIMES BUT STATED HE NEVER TOUCHED ANY OF THE GIRLS, EVER. I MADE CONTACT WITH THE DEFENDANT'S BROTHER WHO ADVISED THAT THE DEFENDANT USED HIS COMPUTER REGULARLY TO PLAY VIDEO GAMES. HE STATED HE HAD A SUSPICION THAT HIS BROTHER WAS POSSIBLY INTO SOME SORT OF CHILD PORNOGRAPHY BECAUSE HE STATED THAT A FEW MONTHS AGO, HE OBSERVED A PICTURE OF A YOUNG GIRL IN A BIKINI BATHING SUIT POSING PROVOCATIVELY. HE STATED HE ASKED HIS BROTHER WHAT THAT WAS ABOUT AND HIS BROTHER DOWNPLAYED IT. AFTER INTERVIEWING THE SUBJECTS, I ASSISTED WITH SEARCHING THE RESIDENCE FOR THE PICTURES OF THE VICTIM IN THE BATH TUB. I ENTERED THE DEFENDANT'S BEDROOM, WALKED INTO THE CLOSET AND OBSERVED APPROXIMATELY TEN PICTURES OF PREPUBESCENT FEMALES, INCLUDING THE VICTIM AND HER SISTER, IN FRAMES HANGING UP ON THE WALL. ALL OF THE FEMALES WERE WEARING CLOTHES. AFTER ASKING THE DEFENDANT WHERE THE KEY WAS, I OPENED A LOCKED DOOR THAT WAS IN HIS CLOSET WHICH APPEARED TO BE A STORAGE AREA. I OBSERVED POSTER-SIZED PICTURES, RANGING FROM APPROXIMATELY 12x16 UP TO APPROXIMATELY 24X24, OF THE SAME TYPE OF PICTURES THAT WERE HANGING ON THE WALL. I DID OBSERVE ONE POSTER-SIZED PICTURE OF A PREPUBESCENT FEMALE, NAKED, IN A STANDING POSITION. AFTER REMOVING THE POSTER-SIZED PICTURES, I LOCATED OVER TWO HUNDRED PICTURES OF PREPUBESCENT FEMALES, NAKED. APPROXIMATELY ONE HUNDRED-FORTY (140) OF THE PICTURES FOUND IN THIS CLOSET WERE OF NAKED PREPUBESCENT FEMALES EITHER PERFORMING SEXUAL ACTS OR POSING IN A LEWD MANNER, EXPOSING THEIR GENITALS. FORTY-TWO (42) OF THE PICTURES WERE OF A NAKED PREPUBESCENT FEMALE INVOLVED IN A SEXUAL ACT SUCH AS BEING PENETRATED IN THE VAGINA OR BUTTOCKS WITH A PENIS, PERFORMING ORAL SEX ON A MALE, OR A PERSON PERFORMING ORAL SEX ON THE PREPUBESCENT FEMALE. NINETEEN (19) OF THE PICTURES WERE OF A NAKED PREPUBESCENT FEMALE POSING WITH HER BUTTOCKS IN THE AIR, DISPLAYING HER BUTTOCKS AND VAGINAL AREA IN A LEWD MANNER. SEVENTY-EIGHT (78) OF THE PICTURES WERE OF NAKED PREPUBESCENT FEMALES POSING WITH THEIR LEGS SPREAD, DISPLAYING THE VAGINAL AREA IN A LEWD MANNER. THERE WAS ONE PICTURE OF A NAKED PREPUBESCENT FEMALE WITH HER LEGS SPREAD WIDE OPEN AND HOLDING A MALE PENIS IN HER HAND. I ALSO VIEWED ONE COMPACT DISK THAT WAS IN THE DRAWER THE DEFENDANT DESCRIBED DURING THE INTERVIEW. I WAS LOOKING FOR THE PICTURES OF THE VICTIM IN THE BATHTUB AND I DID LOCATE SIX (6) PICTURES OF THE VICTIM. SHE WAS NAKED, TAKING A BATH IN WHAT APPEARED TO BE THE COMMON BATHROOM IN THE RESIDENCE. THE PICTURES WERE LOCATED ON A PHILIPS CD-R COMPACT DISK (CD) THAT WAS NOT LABELED. THE SIX PICTURES WERE IN THE "KEVIN" FOLDER AND THEY WERE LABELED "omg gab, omg gab 345, omg oya, picture_0168, g ass, b g 1." THESE PICTURES DEPICTED THE VICTIM NAKED, IN THE BATHTUB, WITH WATER IN THE AND THE VICTIM'S BREASTS EXPOSED. I ALSO OBSERVED OTHER PICTURES ON THE CD THAT I IDENTIFIED AS CHILD PORNOGRAPHY BUT WILL FURTHER INVESTIGATE BY VIEWING ALL OF THE CD'S THAT WERE COLLECTED AT THE RESIDENCE BEFORE CHARGING THE DEFENDANT WITH ANY ADDITIONAL CHARGES OF POSSESSION OF CHILD PORNOGRAPHY THE DEFENDANT WAS PLACE UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $712,000.00, PER BOND SCHEDULE. *NOT-EXEMPT* |
