| Probable cause affidavit: |
SUBMITTED BY: COX, ANDY 0543 (AR10115254) WHOEVER FALSELY MAKES, ALTERS, FORGES OR COUNTERFEITS A BANK BILL, CHECK PAYABLE TO THE BEARER THEREOF OR TO THE ORDER OF ANY OTHER PERSON COMMITS A FELONY OF THE THIRD DEGREE. IN VIOLATION OF FLORIDA STATE STATUTE 831.07. ANY PERSON WHO ENGAGES IN A SCHEME TO DEFRAUD AND OBTAINS PROPERTY THEREBY, IN VIOLATION OF FLORIDA STATE STATUTE 817.034(4)(A)(3). ON 050610 TELEPHONE CONTACT WAS AGAIN MADE WITH THE VICTIM, WHO ADVISED ME THAT A MALE WHOM HE KNOWS ONLY BY HIS FIRST NAME, WHICH WORKS AT THE SHELL STATION LOCATED AT 9406 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA, HAD CASHED NOT ONE, BUT TWO CHECKS THAT WERE STOLEN FROM HIM. THE VICTIM IN ADDITION TO CHECK #149 ALREADY REPORTED STOLEN, NOW WAS ADDING CHECK #132 AS STOLEN. ON 050710 I, DETECTIVE STEVE FARKAS, RESPONDED TO THE SHELL GAS STATION AT 9406 SOUTH SUNCOAST BOULEVARD AND MADE CONTACT WITH THE FEMALE CASHIER AND REQUESTED TO SPEAK WITH THE WITNESS, TO WHOM I WAS INTRODUCED TO. UPON MAKING CONTACT WITH THE WITNESS, I ADVISED HIM OF THE REASON FOR THE CONTACT. THE WITNESS IDENTIFIED HIMSELF. HE AGREED TO COOPERATE AND TOOK TWO PAGES OF PAPER OUT OF HIS POCKET AND HANDED THEM TO ME. THE WITNESS ADDED THAT HE WAS AWARE FROM THE VICTIM THAT I WOULD BE CONTACTING HIM. THE WITNESS HAD HANDED ME COPIES OF CHECKS 132 AND 149, WHICH HE RECEIVED COPIES OF FROM THE VICTIM. A PROPERTY RECEIPT WAS PREPARED AND THE COPIES WERE TAKEN INTO EVIDENCE. THE WITNESS WENT ON TO STATE THAT A FEMALE KNOWN TO HIM AS KRISTY ELLIS HAD BEEN LIVING WITH THE VICTIM, BUT EVENTUALLY MOVED OUT AND BRIEFLY STAYED WITH HIM, PRIOR TO HER MOVING BACK TO HER GRANDPARENTS RESIDENCE. THE WITNESS WENT ON TO STATE THAT MISS ELLIS APPROACHED HIM AND ADVISED HIM THAT THE VICTIM WAS LENDING HER $200.00 AND SHOWED THE WITNESS A HANDWRITTEN NOTE ALLEGEDLY SIGNED BY THE VICTIM, AGREEING TO LEND MISS ELLIS THE MONEY. IN ADDITION, MISS ELLIS TOLD THE WITNESS THAT THE VICTIM HAD GIVEN HER A CHECK, TO WHICH SHE SHOWED HIM, HOWEVER THE CHECK WAS PRE MADE OUT TO NO ONE FOR ONLY $100.00. MISS ELLIS TOLD THE WITNESS THAT SHE NEEDED HIS HELP IN CASHING THE CHECK BECAUSE THE NAME ON HER LICENSE IS LUNDSFORD AND IF THE CHECK IS MADE OUT TO ELLIS SHE WOULD NOT BE ABLE TO CASH IT. THE WITNESS WENT ON TO STATE THAT HE AGREED TO HELP HER OUT AND IN FRONT OF THE WITNESS, MISS ELLIS WROTE THE NAME OF THE WITNESS IN THE SPACE ON THE CHECK 132 FOR PAY TO THE ORDER OF. A RECORDS CHECK OF D.A.V.I.D. REVEALS THAT MISS ELLIS'S LICENSE IS UNDER THE NAME OF ELLIS AND NOT LUNDSFORD. IN ADDITION, IT APPEARED ODD THAT THE VICTIM, IF HE WAS AGREEING TO LEND MISS ELLIS $200.00, HANDED HER A CHECK FOR ONLY $100.00 AND THAT NO NAME WAS WRITTEN ON THE CHECK BY THE VICTIM. THE WITNESS STATED AT THE TIME HE DID NOT THINK OF ANY OF THIS AND DID CASH THE CHECK FOR MISS ELLIS AT THE SUNTRUST BANK BRANCH DIRECTLY ACROSS THE STREET FROM HIS JOB AND HANDED MISS ELLIS THE $100.00. AT THIS TIME I DID NOT HAVE MY DIGITAL RECORDER WITH ME AND NO RECORDED STATEMENT WAS TAKEN FROM THE WITNESS. I ADVISED HIM THAT I WOULD CONDUCT THIS SOON AT A LATER DATE. ON 050710 I MADE TELEPHONE CONTACT WITH THE VICTIM AND REQUESTED HIM TO COME TO THE SUGAR MILL WOODS SUBSTATION TO TAKE A STATEMENT FROM HIM. THE VICTIM DID RESPOND AND I DID TAKE UNDER OATH A DIGITALLY RECORDED STATEMENT FROM HIM. THE VICTIM STATED UNDER OATH THAT HE NEVER GAVE ANY CHECKS, EITHER FULLY MADE OUT TO MISS ELLIS OR PARTIALLY MADE OUT TO HER, AND THAT AT NO TIME DID HE EVER WRITE HER ANY CHECKS WHATSOEVER. I ASKED THE VICTIM IF HE WAS DRUNK AND POSSIBLY COULD HAVE DONE THIS, TO WHICH HE ADAMANTLY REPLIED "NO". THE VICTIM STATED HE WAS GOING TO LEND HER $200.00, BUT THAT WOULD HAVE BEEN DONE IN CASH ONLY. ON 051010 CONTACT WAS MADE WITH THE WITNESS AT THE SUGAR MILL WOODS SUBSTATION. THE WITNESS WAS SWORN IN AND A DIGITALLY RECORDED STATEMENT WAS TAKEN FROM HIM. THE WITNESS REITERATED HIS ORIGINAL STATEMENT TO ME ON 050710 AND IN ADDITION STATED THAT HE HAD LENT MISS ELLIS HIS TRUCK AS SHE REQUESTED FOR THE PURPOSE OF RUNNING ERRANDS AND THAT AT THE TIME HE DID NOT REALIZE BUT THAT HE HAD LEFT HIS WALLET IN THE TRUCK. THE WITNESS' REASON FOR TELLING ME THIS IS BECAUSE CHECK 149 WAS CASHED ON 041410 FOR $200.00 AND AGAIN THE WITNESS' NAME IS PRINTED IN THE PAY TO THE ORDER OF SPACE ON THE CHECK. THE HANDWRITING ON BOTH CHECKS APPEARS TO BE IDENTICAL. THIS CHECK WAS CASHED AT THE HOMOSASSA SPRINGS BRANCH AS TOLD TO ME BY THE VICTIM. THE WITNESS ALSO PROVIDED ME WITH A COPY OF THE PROMISSORY NOTE GIVEN TO HIM BY MISS ELLIS, IN WHICH THE VICTIM ALLEGEDLY HAD WRITTEN TO MISS ELLIS. THIS COPY WAS ALSO TAKEN INTO EVIDENCE. ON 051010 CONTACT WAS MADE WITH THE ASSISTANT VICE PRESIDENT, BRANCH MANAGER, AT THE HOMOSASSA SPRINGS BANK LOCATED AT 4650 SOUTH SUNCOAST BOULEVARD. I ADVISED THE BRANCH MANAGER OF THE REASON FOR MY CONTACT WHICH IS TO OBTAIN SURVEILLANCE VIDEO OF THE PERSON WHO CASHED CHECK 149. THE BRANCH MANAGER EMAILED SUNTRUST CORPORATE SECURITY THE REQUEST. ON 051710 I DID RECEIVE A COPY OF THE SURVEILLANCE VIDEO FROM SUNTRUST BANK. UPON VIEWING THE VIDEO, IT WAS REVEALED THAT THE WITNESS CASHED THE SECOND CHECK FOR $200.00. ON 051810 I MADE CONTACT WITH THE WITNESS WHO STATED HE HAD FORGOTTEN THAT HE HAD CASHED THAT CHECK AND THAT MISS ELLIS HAD CONTACTED HIM TO MEET HER DOWN AT SUNTRUST BANK IN HOMOSASSA SPRINGS. UPON MEETING HER THERE, THE WITNESS STATED THAT MISS ELLIS HAD ALREADY PREPARED THE CHECK IN ITS ENTIRETY, INCLUDING HIS NAME ON THE CHECK. A REQUEST HAS BEEN MADE TO THE VICTIM TO PRODUCE TO ME SEVERAL RECENT COPIES OF CASHED CHECKS IN AN EFFORT TO COMPARE THE HANDWRITING ON THESE CHECKS PREPARED BY HIM TO THOSE ALLEGEDLY PREPARED BY MISS ELLIS. ON 052410 I DID RECEIVE PHOTOCOPIES OF CASHED CHECKS PREPARED BY THE VICTIM TO THREE DIFFERENT UTILITY COMPANIES ON THREE DIFFERENT RECENT DATES. THE SIGNATURES ON THOSE CHECKS COMPARED TO THE TWO CHECKS STOLEN FROM THE VICTIM ARE NOT THE SAME SIGNATURES AND CLEARLY REFLECT THAT HE DID NOT SIGN THOSE STOLEN CHECKS. IN ADDITION, IN THE MEMO SECTION OF THE STOLEN CHECKS, IT WAS WRITTEN THAT THE CHECKS WERE MADE OUT FOR THE REASON OF LUMBER AND MATERIALS. UPON CONFERRING WITH DEPUTY ANDY COX, WHO STATED TO THIS DETECTIVE, HE HAS HAD PREVIOUS CONTACT WITH MISS ELLIS, WHO STATED TO HIM THAT THE VICTIM HAD WRITTEN THE CHECKS OUT TO HIM. IN MY PREVIOUS INTERVIEW WITH THE VICTIM, HE STATED THIS IS ABSOLUTELY NOT TRUE. FURTHER INVESTIGATION TO FOLLOW AS PROBABLE CAUSE EXISTS FOR MISS ELLIS. ON 060810 AT APPROXIMATELY 1630 HOURS, DEPUTY JIM DAVIS ADVISED ME (DEPUTY ANDY COX) HE HAD RECOVERED KRISTY ELLIS WHO WAS REPORTED AS AN ENDANGERED MISSING ADULT ON 060210 AT APPROXIMATELY 1243 HOURS. I RECEIVED AN EMAIL FROM DETECTIVE FARKAS IN REFERENCE TO PROBABLE CAUSE EXISTING FOR KRISTY ELLIS'S ARREST. I REVIEWED THE REPORT, SPOKE TO DETECTIVE FARKAS AND AGREED THAT PROBABLE CAUSE EXISTED FOR HER ARREST. I ARRIVED AT THE CITRUS COUNTY DETENTION FACILITY AND A SHORT TIME LATER INTERVIEWED THE DEFENDANT, SHE ADVISED ME THAT THE VICTIM GAVE HER TWO SIGNED CHECKS, ONE FOR $100.00 AND ONE FOR $200.00, BUT OTHER THAN THAT WERE BLANK. THE REASON SHE HAD THE WITNESS CASH THE CHECK IS THAT SHE DID NOT HAVE ANY IDENTIFICATION. *NOT-EXEMPT* |
