| Probable cause affidavit: |
SUBMITTED BY: BERRIOS, JUAN 0514 (AR11119116) DID UNLAWFULLY AND KNOWINGLY OBTAIN MONEY, GOODS OR SERVICES, TO-WIT: USED AN AUTOMATIC TELLER MACHINE (ATM) CARD TO REMOVE MONEY FROM THE ATM, A VALUE OF $160.00 BY FRAUDULENT USE OF A CREDIT CARD OR BY UNLAWFULLY USING A SUNTRUST VISA CARD NUMBER ISSUED TO THE VICTIM, WITHOUT THE CONSENT OF SAID CARDHOLDER, WITH THE INTENT TO DEFRAUD THE SAID CARDHOLDER, THE ISSUER, SUNTRUST, OR A PERSON OR ORGANIZATION PROVIDING THE SAID MONEY, GOODS OR SERVICES, IN VIOLATION OF FLORIDA STATUTE 817.61. ON 020211 AT APPROXIMATELY 1115 HOURS, I WAS DISPATCHED TO 3730 NORTH STIRRUP DRIVE IN REFERENCE TO CREDIT CARD FRAUD. WHEN I ARRIVED I MET WITH THE VICTIM, WHO EXPLAINED TO ME THAT THE DEFENDANT IS HER SON AND LIVES WITH HER. SHE SAID SHE WAS LEAVING TO GO TO THE HOSPITAL ON 020111 AT APPROXIMATELY 0800 HOURS, WHEN THE DEFENDANT ASKED HER FOR HER FOOD STAMP CARD TO BUY GROCERIES. SHE TOLD HIM HE COULD GET IT FROM HER PURSE AND DID NOT THINK ANYTHING OF IT BECAUSE SHE HAS ALLOWED HIM TO USE THE FOOD STAMP CARD BEFORE. SHE SAID THAT AT APPROXIMATELY 1400 HOURS THE DEFENDANT AND HER HUSBAND ARRIVED AT THE HOSPITAL TO PICK HER UP. SHE SAID SHE NOTICED THE DEFENDANT WAS HIGH ON DRUGS AND EVEN VOMITED ON THE SIDE OF HER TRUCK. WHEN SHE ARRIVED HOME SHE CHECKED HER PURSE AND NOTICED HER SUNTRUST VISA CARD WAS MISSING AND THE DEFENDANT HAD NOT RETURNED HER FOOD STAMP CARD. SHE ASKED THE DEFENDANT FOR BOTH OF HER CARDS SO HE GAVE THEM TO HER. THE VICTIM THEN CALLED SUNTRUST BANK AND DISCOVERED THAT $160.00 HAD BEEN TAKEN OUT OF HER ACCOUNT SOON AFTER SHE HAD ALLOWED THE DEFENDANT TO BORROW HER FOOD STAMP CARD. THE VICTIM SAID SHE WANTED TO PROSECUTE THE DEFENDANT AND GET HIM HELP FOR HIS DRUG ADDICTION. SHE SAID HE HAS DONE THIS TO OTHER FAMILY MEMBERS IN THE PAST, BUT NO ONE HAD EVER WANTED TO PROSECUTE. I THEN MADE CONTACT WITH THE DEFENDANT OUTSIDE OF THE RESIDENCE. POST MIRANDA PER CARD, I ASKED THE DEFENDANT TO EXPLAIN TO ME WHAT HAD HAPPENED WITH THE VICTIM'S ATM CARD. THE DEFENDANT SAID HE TOOK THE SUNTRUST VISA CARD OUT OF HER PURSE WITHOUT HER AUTHORIZATION AND THEN REMOVED $160.00 FROM THE SUNTRUST ATM IN BEVERLY HILLS. HE SAID HE THEN BOUGHT NARCOTICS WITH THE MONEY. I SUBSEQUENTLY ARRESTED THE DEFENDANT AND TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. I GAVE THE VICTIM A CASE CARD BEARING MY NAME AND THIS CASE NUMBER. *NOT-EXEMPT* "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.” |
