| Probable cause affidavit: |
SUBMITTED BY: LOVULLO, SARAH 0723 (AR11121964) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of, VICTIM to-wit: A 1996 LINCOLN TOWN CAR FOUR DOOR SILVER IN COLOR OF THE VALUE OF $2,500.00, by exercising control over said property with the intent to either temporarily or permanently deprive THE VICTIM of a right to the property or a benefit thereof, or did appropriate the property to HIS own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statute 812.014(2)(c)(6); ON 072911 AT 0112 HOURS I WAS DISPATCHED TO 6371 WEST 7 RIVERS DRIVE IN CRYSTAL RIVER IN REFERENCE A VEHICLE THEFT IN PROGRESS. UPON ARRIVAL, I OBSERVED ALL THE LIGHTS OFF ON THE OUTSIDE OF THE RESIDENCE, EXCEPT FOR A DOME LIGHT INSIDE A SILVER 1996 LINCOLN FOUR DOOR BEARING FLORIDA TAG 260XFG. THE VEHICLE WAS PARKED IN FRONT OF THE RESIDENCE IN THE DRIVEWAY, AT WHICH TIME, I HEARD A CAR DOOR SLAM AND A MALE VOICE SAY "HEY MOM". I THEN ANNOUNCED SHERIFF'S OFFICE AND OBSERVED A WHITE MALE, LATER IDENTIFIED AS THE DEFENDANT, MR LARRY RICE, WALK OUT FROM BEHIND A SCRUB OAK TREE NEXT TO THE AREA WHERE THE 1996 LINCOLN TOWN CAR WAS PARKED. I THEN GAVE THE DEFENDANT COMMANDS TO GO DOWN TO HIS KNEES AND TO PUT HIS HAND ON TOP OF HIS HEAD AT WHICH TIME THE DEFENDANT COMPLIED WITH MY COMMANDS. DEPUTY LUDLOW ARRIVED ON SCENE AND APPROACHED THE DEFENDANT, PLACED HIM IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED THE DEFENDANT IN THE REAR SEAT OF MY PATROL VEHICLE. THIS DEPUTY MADE CONTACT WITH THE COMPLAINANT, MR PHILLIP FULNER, WHO WAS INSIDE THE RESIDENCE. HE ADVISED THAT HIS GIRLFRIEND/VICTIM, MS LINDA RICE, AND HE HAVE LIVED TOGETHER FOR THE PAST FIVE MONTHS AND HER SON; THE DEFENDANT DOES NOT LIVE WITH THEM AT THIS RESIDENCE. HE FURTHER ADVISED THAT THE DEFENDANT LIVES DOWN THE STREET WITH HIS GIRLFRIEND AND HAS A DRUG PROBLEM. MR FULNER STATED THE DEFENDANT IS ALWAYS COMING BY THE RESIDENCE AND HARASSES THE VICTIM FOR MONEY AND HAS TAKEN ITEMS IN THE PAST FROM THE VICTIM'S RESIDENCE AND SOLD THEM FOR DRUGS. MR FULNER ADVISED THE VICTIM HAS HAD ENOUGH OF THE DEFENDANT CONSTANTLY HARASSING HER, HAD GONE TO STAY IN A HOTEL FOR A COUPLE OF DAYS TO GET AWAY FROM THE DEFENDANT. MR FULNER STATED TONIGHT AT 0100 HOURS, THE DOG WOKE HIM UP BY BARKING SO HE LOOKED OUT THE FRONT WINDOW AND OBSERVED THE DEFENDANT INSIDE THE 1996 LINCOLN AND WITH THE DOME LIGHT ON. MR FULNER OBSERVED THE DEFENDANT WITH HIS HEAD UNDERNEATH THE STEERING WHEEL. MR FULNER STATED THE DEFENDANT DOES NOT HAVE PERMISSION TO USE THE VICTIM'S VEHICLE AND THERE ARE NO TAGS ON SAID VEHICLE AT THIS TIME. THE COMPLAINANT STATED HE THEN CONTACTED THIS AGENCY. THIS DEPUTY OBSERVED THE VEHICLE WITH ITS DOME LIGHT ON AND THERE WERE A PAIR OF PLIERS ON THE DRIVER'S SEAT. I ALSO OBSERVED THAT THE IGNITION COVER HAD BEEN BROKEN OFF WAS LYING ON THE DRIVER'S SIDE FLOORBOARD IN PIECES. CONTACT WAS MADE VIA RADIO TO HAVE DEPUTY RICHEY RESPOND TO CONDUCT A CRIME SCENE TECHNICIAN (CST) INVESTIGATION ON THE VEHICLE (SEE CST REPORT). MR FULNER COMPLETED A SWORN WRITTEN STATEMENT, WHICH WAS LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) RECORDS DIVISION. AN AGENCY CASE CARD WAS GIVEN TO THE COMPLAINANT BEARING THIS CASE NUMBER AND MY INFORMATION. I ADVISED THE COMPLAINANT THAT I WOULD RETURN AT A LATER DATE TO DO A FOLLOW-UP WITH THE VICTIM. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. WHILE AT THE DETENTION FACILITY, I READ THE DEFENDANT HIS MIRANDA WARNINGS VIA PREPRINTED AGENCY CARD AND ASKED HIM IF HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. THE DEFENDANT STATED YES, THAT HE WISHED TO SPEAK WITH ME. THE DEFENDANT STATED HE HAD ONLY GONE OVER TO THE RESIDENCE TO ASK HIS MOTHER TO TAKE ME TO THE STORE, SO THAT HE COULD GET CIGARETTES. I THEN ASKED THE DEFENDANT WHY THE VEHICLE'S DOME LIGHT WAS ON AND WAS HE INSIDE THE VEHICLE. THE DEFENDANT STATED THAT HIS MOTHER WAS NOT AT THE RESIDENCE, SO HE GOT INSIDE THE VEHICLE TO SLEEP UNTIL SHE RETURNED. I OBSERVED THE DEFENDANT TO BE UNDER THE INFLUENCE OF AN UNKNOWN SUBSTANCE, DUE TO HIS SLURRED SPEECH, BLOODSHOT EYES AND I DID NOT SMELL AN ODOR OF ALCOHOL EMITTING FROM HIS BREATH. THE DEFENDANT THEN COMPLETED A SWORN WRITTEN statement WHICH WAS TURNED IN TO THE RECORDS DIVISION. THE DEFENDANT'S BOND WAS SET AT $2,000.00 PER THE BOND SCHEDULE. "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* |
