| Probable cause affidavit: |
SUBMITTED BY: TITUS, JOSHUA 1243 (AR14-10582) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: 121 NORTH OSCEOLA AVENUE IN INVERNESS, IN CITRUS COUNTY AND THE STATE OF FLORIDA, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: PETIT THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(3)(B). ON 053114, I RESPONDED TO 121 NORTH OSCEOLA AVENUE IN INVERNESS, IN REFERENCE TO A RESIDENTIAL BURGLARY. WHILE EN ROUTE, I RESPONDED TO THE INTERSECTION OF ZEPHYR AND ELLA WHERE I MADE CONTACT WITH the COMPLAINANT/VICTIM, MR ZACHARY MOORE, WHO WAS FOLLOWING the SUSPECT, MR MARK BRINKLEY. AT THAT TIME, I MADE CONTACT WITH MR BRINKLEY AND ASKED HIM TO SHOW ME HIS HANDS, TO WHICH HE DID. I ALSO ASKED HIM IF HE COULD EMPTY HIS POCKETS, TO WHICH HE DID I LOCATED TWO 18.5 OUNCE CANS OF PROGRESSO BEEF SOUP. I ASKED HIM WHERE HE HAD GOTTEN the SOUP, TO WHICH HE STATED FROM SAVE A LOT. MR BRINKLEY BECAME NOTICEABLY NERVOUS. I DETECTED A STRONG ODOR OF ALCOHOL COMING FROM HIS PERSON. I ASKED MR BRINKLEY IF HE HAD CONSUMED ANY ALCOHOL, TO WHICH HE STATED HE HAD CONSUMED NATURAL LIGHT BEER EARLIER in the DAY. AT THAT TIME, DEPUTY VENTIMIGLIA ARRIVED ON SCENE AND TRANSPORTED MR MOORE BACK TO the RESIDENCE TO SEE IF ANYTHING WAS TAKEN. SEE DEPUTY VENTIMIGLIAâS SUPPLEMENT FOR FURTHER DETAILS. I ESCORTED MR BRINKLEY BACK TO the INCIDENT LOCATION. I ADVISED HIM IF HE KNOWS ANYTHING HE MIGHT WANT TO TELL ME. AT THAT TIME, I ASKED MR BRINKLEY IF HE WAS LAYING ON THE PORCH AT MR MOOREâS RESIDENCE. HE STATED HE WAS NOT. WHEN I ARRIVED AT MR MOOREâS RESIDENCE I ASKED HIM AGAIN IF HE WAS ON the PORCH AND HE SAID, YES, HE WAS LYING DOWN. AT THAT TIME, DEPUTY VENTIMIGLIA STATED THERE WERE TWO EMPTY RED APPLE ALE BEER BOTTLES, ONE LOCATED ON THE PORCH AND ONE LOCATED APPROXIMATELY 15 FEET IN THE YARD AWAY FROM WHERE MR BRINKLEY HAD BEEN LAYING ON THE PORCH. BOTH BEER BOTTLE CAPS WERE LOCATED WHERE MR BRINKLEY WAS LAYING. I SPOKE WITH MR BRINKLEY AGAIN. I ASKED HIM ABOUT THE SOUP AND ASKED HIM WHERE HE HAD PURCHASED the SOUP AGAIN. HE STATED AT A DOLLAR GENERAL STORE. AT THAT TIME, MR BRINKLEY KEPT GOING BACK AND FORTH BETWEEN SAVE A LOT AND DOLLAR GENERAL AS THE LOCATION WHERE HE PURCHASED THE SOUP. I ASKED MR BRINKLEY IF I WENT TO SAVE A LOT IF HE WOULD BE SEEN ON CAMERA PURCHASING THE SOUP. HE STATED HE DID NOT KNOW. I ALSO ASKED MR BRINKLEY IF HE HAD ENTERED the RESIDENCE AND DRANK A COUPLE OF BEERS, TO WHICH HE SPONTANEOUSLY UTTERED THAT HE HAD REMOVED TWO RED APPLE ALE BEERS FROM A COOLER LOCATED INSIDE OF THE RESIDENCE AND CONSUMED THEM BOTH. I DID OBSERVE A SHELF FULL OF PROGRESSO SOUP AND I ALSO OBSERVED WHAT APPEARED TO BE AN EMPTY SPACE ONLY LARGE ENOUGH FOR TWO CANS OF SOUP. MR MOORE ALSO IDENTIFIED THE SOUP AS BEING A BRAND HE HAS PURCHASED AND A BRAND THAT IS NOW MISSING OUT OF THE CABINET. THE SOUP WAS RETURNED BACK TO MR MOORE. MR BRINKLEY WAS PLACED UNDER ARREST FOR RESIDENTIAL BURGLARY, UNOCCUPIED. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND PLACED IN the REAR SEAT OF MY PATROL VEHICLE. MR MOORE WAS GIVEN AN AGENCY CASE CARD BEARING MY NAME AND THIS CASE NUMBER. I ALSO COLLECTED ONE RED APPLE ALE BOTTLE THAT WAS LOCATED ON THE PORCH AND THAT WAS UNDISTURBED. THE OTHER BEER BOTTLE MR MOORE HAD PICKED IT UP OUT of the YARD. THE ONE UNDISTURBED BEER BOTTLE WAS TURNED INTO EVIDENCE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS TOTAL BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. |
