| Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (AR13-6463) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: THE HOMOSASSA HOSPICE THRIFT STORE, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: A BRASS BELL DATING BACK TO THE 1800âS, VALUED AT $1,000.00, 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 SAID PROPERTY TO HIS OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, IN VIOLATION OF FLORIDA STATUTE, 812.014(2)(C)(1). DID TRAFFIC/ENDEAVOR TO TRAFFIC IN STOLEN PROPERTY, TO WIT: AN 1800âS BRASS BELL, IN VIOLATION OF FLORIDA STATE STATUTE, 812.019(1). DID PROVIDE FALSE VERIFICATION OF OWNERSHIP TO PAWN BROKER, TO WIT: ABC PAWN SHOP, IN VIOLATION OF FLORIDA STATE STATUTE, 539.001(8)(B)(8). ON 071513, I RESPONDED TO THE HOSPICE THRIFT STORE AT 847 WEST PERIWINKLE LANE IN HOMOSASSA, IN REFERENCE TO A GRAND THEFT. UPON ARRIVAL I MADE CONTACT WITH THE COMPLAINANT, MR RYAN ROGERS. HE ADVISED THAT AN UNKNOWN WHITE MALE SUBJECT HAD REMOVED THE BRASS BELL THAT HE HUNG IN FRONT OF THE THRIFT STORE FOR DECORATION. HE STATED THAT THE BELL WAS DONATED TO HOSPICE, AND DESCRIBED IT AS SOLID BRASS WITH AN APPROXIMATE WEIGHT OF 80 POUNDS AND WORTH ABOUT $1,000.00. HE ALSO ADVISED THE BELL DATED BACK TO THE 1800âS . AT THAT TIME THIS DETECTIVE AND THE COMPLAINANT REVIEWED THE VIDEO TAKEN FROM THE STOREâS SURVEILLANCE CAMERA ON THE NIGHT OF 071313. AT APPROXIMATELY 2100 HOURS, WE OBSERVED THE DEFENDANT, MR LYNN HABGERG, WALK IN FRONT OF THE CAMERA FROM LEFT TO RIGHT WHILE LOOKING AT THE CAMERA. HE THEN CONTINUED TO WALK TOWARD THE LOCATION OF THE BELL. THE FOOTAGE THEN SHOWED THE DEFENDANT WALK BACK IN FRONT OF THE CAMERA FROM RIGHT TO LEFT WITH NOTHING IN HIS HANDS. AT APPROXIMATELY 2300 HOURS, SURVEILLANCE FOOTAGE SHOWED THE DEFENDANT ARRIVE ON A MOPED AND LEAVE WITH THE BELL BETWEEN HIS FEET. THE PROPERTY WAS SUBSEQUENTLY DISCOVERED BY THIS DETECTIVE AT THE ABC PAWN SHOP IN HOMOSASSA, FLORIDA. PAWN TRANSACTION FORM, 20016, WAS COMPLETED ON 071413 AT 1100 HOURS FOR A VERY LARGE AND VERY HEAVY BELL (15 INCHES IN HEIGHT AND SIXTEEN INCHES ACROSS ITS BOTTOM) AND SHOWING THE BELL TO HAVE BEEN SOLD BY THE DEFENDANT FOR $50.00. THE DEFENDANT PROVIDED A NEW YORK DRIVERâS LICENSE AND A RIGHT THUMBPRINT VERIFYING HIS IDENTITY. A HOLD WAS THEN PLACED ON THE PROPERTY AND A HOSPICE EMPLOYEE RESPONDED TO IDENTIFY THE BELL. PAPERWORK WAS SIGNED BY THE HOSPICE EMPLOYEE, WHO ALSO COMPLETED AND SIGNED A SWORN WRITTEN STATEMENT. THE STATEMENT WAS COLLECTED WHICH STATED THAT NO ONE HAD PERMISSION TO REMOVE THE BELL OR PAWN IT. THE HOSPICE EMPLOYEE ADVISED THAT HE IDENTIFIED THE BELL BY THE SCRATCHES ON THE TOP, ALONG WITH AN EYEBOLT THAT WAS HOLDING THE BELL UP. HE ADVISED THAT HE HAD THE BOLT WELDED, AND THAT HE HAD ALSO PLACED A LIQUID HARDENING SOLUTION ON THE END OF THE BOLT WHICH WOULD MAKE IT DIFFICULT TO REMOVE THE NUT. I DID OBSERVE THE EYEBOLT TO BE WELDED ON ONE END OF THE BELL, AND A GRAY HARDENED MATERIAL ON THE OTHER END RESEMBLING JB WELD. I ALSO OBSERVED THE SCRATCHES ON THE TOP OF THE BELL. PHOTOGRAPHS WERE TAKEN BY THIS DETECTIVE AND A PROPERTY RECEIPT WAS COMPLETED, ALONG WITH A PAWN TRANSACTION FORM. ALL PERTINENT DOCUMENTS WERE LATER TURNED IN TO RECORDS. I THEN RESPONDED TO THE DEFENDANTS RESIDENCE WHERE I MADE CONTACT. I ASKED THE DEFENDANT IF HE KNEW WHY I WAS THERE, WHERE HE ADVISED, âNO, WHATâS GOING ON?â I ADVISED THE DEFENDANT THAT I HAD LOCATED PROPERTY BELONGING TO THE HOMOSASSA HOSPICE THRIFT STORE AT THE ABC PAWN SHOP, WHICH HE PAWNED ON 071413. THE DEFENDANT THEN STATED, âYES, I PAWNED ITâ AT THAT TIME THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED UNDER ARREST FOR GRAND THEFT, DEALING IN STOLEN PROPERTY AND FALSE VERIFICATION OF OWNERSHIP. THE DEFENDANT WAS PLACED IN THE REAR SEAT OF MY PATROL VEHICLE AND READ MIRANDA VIA PRE-PRINTED AGENCY CARD. HE ADVISED THAT HE DID UNDERSTAND AND DID WISH TO SPEAK WITH ME. I TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL AT THE DETENTION FACULTY, I CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH THE DEFENDANT. HE ADMITTED TO REMOVING THE BELL AND SELLING IT TO THE ABC PAWN SHOP. WHEN ASKED WHY, THE DEFENDANT STATED THAT HE HAS NEVER BEEN IN TROUBLE AND HE WAS JUST STUPID. THE INTERVIEW WILL BE DOWNLOADED TO THE CITRUS COUNTY SHERIFFâS OFFICE SERVER FOR INCLUSION IN THIS CASE. THE DEFENDANTâS BOND WAS SET AT $14,000.00 PER THE BOND SCHEDULE. |
