| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, DALE 0276 (AR13-4689) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: STIHL BRAND HEDGE TRIMMER ($279.00), OF THE VALUE OF $100.00 OR MORE BUT LESS THAN $300.00, 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 HER OWN USE OR THE USE OF ANY PERSON NOT ENTITLED THERETO, AND THE PROPERTY WAS TAKEN FROM A DWELLING OR FROM THE UNENCLOSED CURTILAGE OF A DWELLING, IN VIOLATION OF FLORIDA STATUTES 812.014(1) AND 812.014(2)(D). ON 110912, THE CITRUS COUNTY SHERIFFâS OFFICE (CCSO) TOOK A GRAND THEFT REPORT FROM MR HEATH COLEY, WHO IS THE VICTIM. MR COLEY ADVISED DEPUTY SETTLES THAT HE HAD THE SUSPECT doing WORK AT HIS RESIDENCE FOR HIM. HE ADVISED THAT HIS WORK STIHL HEDGE TRIMMER WAS IN the GARAGE AT 652 WEST PAHALIE COURT IN CRYSTAL RIVER AND HAD BEEN REMOVED WITHOUT HIS PERMISSION. THE VICTIM STATED THAT HE BELIEVED THAT IT WAS MR CAVANAGH DUE TO OTHER ISSUES WHERE HE HAD TAKEN SOME ELECTRICAL WIRE THAT HAD BEEN PURCHASED FROM HOME DEPOT AND RETURNED IT TO GET A LESSER GAUGE WIRE AND POCKETED THE DIFFERENCE IN the DOLLAR AMOUNT. THIS DETECTIVE HAD NOT MADE CONTACT WITH MR CAVANAGH, BUT CONTINUED TO WATCH the PAWNS. THE VICTIM ADVISED THAT HE WORKS FOR GREENBRIAR CONDOMINIUMS. HE STATED THAT THE HEDGE TRIMMER BELONGS TO THE COMPANY AND THAT HIS BOSS INTENDS ON CHARGING HIM $300.00 TO REPLACE IT SINCE IT WAS IN HIS POSSESSION AND HIS RESPONSIBILITY TO TAKE CARE OF IT. ON 021413, A CALL WAS received BY DEPUTY CLAUDE FROM MR HEATH COLEY. HE STATED THAT HE KNEW WHERE HIS HEDGER WAS AT THIS TIME AND THAT HE KNEW MR MARK CAVANAGH HAD TAKEN IT. DEPUTY CLAUDE SPOKE WITH THE VICTIM AT HIS RESIDENCE LOCATED AT 6529 WEST PAHALIE COURT IN CRYSTAL RIVER. THE VICTIM STATED TO DEPUTY CLAUDE THAT THE ALLEGED SUSPECT IN THIS INCIDENT, MR MARK CAVANAGH, WHO RESIDES AT 1447 SOUTH COLONIAL AVENUE IN HOMOSASSA, HAS A SON BY THE NAME OF VINNIE. THE VICTIM ADVISED THAT VINNIE CALLED HIM VIA PHONE CALL AND TOLD HIM THAT HE MAY KNOW WHERE HIS POWER EDGER IS. VINNIE STATED TO THE VICTIM THAT THE POWER EDGER HAD BEEN LOANED TO A THIRD PARTY KNOWN AS MR BEN COLE WHO PROBABLY DOES NOT KNOW THAT THIS POWER EDGER IS STOLEN. MR BEN COLE IS PERSONALLY KNOWN TO DEPUTY CLAUDE AND HE HAS DEALT WITH HIM ON UNRELATED INCIDENTS. DEPUTY CLAUDE ATTEMPTED TO MAKE CONTACT WITH HIM. DEPUTY CLAUDE THEN RESPONDED TO THE ALLEGED SUSPECTâS ADDRESS OF MR CAVANAGH AT 1447 SOUTH COLONIAL AVENUE IN HOMOSASSA. IT WAS MET WITH NO ONE RESPONDING TO THE DOOR AND THE HOUSE WAS DARK. DEPUTY CLAUDE RESPONDED TO MR BEN COLEâS HOUSE AT 5916 WEST MINUTEMAN STREET IN HOMOSASSA, WHERE HE WAS INITIALLY NOT HOME. HE THEN LEFT A CONTACT CARD AT HIS HOME. AT APPROXIMATELY 2100 HOURS HE HAD RECEIVED A CALL FROM DISPATCH STATING THAT MR COLE HAD RETURNED AND WAS TRYING TO CONTACT HIM. DEPUTY CLAUDE THEN RESPONDED BACK TO MR COLEâS HOUSE AT MINUTEMAN STREET. UPON ARRIVAL, DEPUTY CLAUDE ASKED MR COLE HOW WELL HE KNEW MR CAVANAGH. HE REPLIED NOT TO LONG. HE STATED THAT HE IS A NEW EMPLOYEE AT the KEY CENTER IN LECANTO. HE ASKED MR COLE ABOUT the POWER EDGER HE MIGHT HAVE RECEIVED FROM MR CAVANAGH. HE STATED YES ABOUT THREE WEEKS AGO HE HAD BORROWED AN EDGER and WAS WAITING FOR MR CAVANAGH TO COME PICK IT UP. DEPUTY CLAUDE ASKED IF HE COULD SEE THE POWER EDGER AND HE SHOWED IT TO DEPUTY CLAUDE. THE POWER EDGER WAS UNDERNEATH A TABLE INSIDE the CARPORT IN PLAIN VIEW. HE CHECKED THE SERIAL NUMBER, WHICH REVEALED TO BE THE SAME EXACT ONE AS LISTED IN THIS REPORT. IT WAS EXPLAINED TO MR COLE THAT THE POWER EDGER WAS STOLEN. MR COLE STATED HE HAD NO IDEA AND HE WOULD COOPERATE WITH THIS AGENCY IN THIS CASE SO IT GETS BACK TO THE PROPER OWNER. MR COLE WAS ASKED TO PREPARE A WRITTEN STATEMENT AS TO HOW HE CAME TO BE LOANED this POWER EDGER, TO WHICH HE COMPLIED. DEPUTY CLAUDE COLLECTED HIS STATEMENT, WHICH WAS LATER TURNED IN TO RECORDS TO BE INCLUDED WITH THIS REPORT. MR COLE WAS INSTRUCTED NOT TO MAKE CONTACT WITH the SUSPECT AND TO WAIT FOR CONTACT FROM DETECTIVE STRICKLAND, WHO IS THE DETECTIVE ASSIGNED TO THIS CASE. DEPUTY CLAUDE THEN TOOK POSSESSION OF THE STOLEN POWER EDGER AND RETURNED IT BACK TO THE VICTIMâS HOUSE WHERE THE EDGER WAS RETURNED TO THE VICTIM. IT WAS EXPLAINED TO THE VICTIM NOT TO MAKE CONTACT WITH MR CAVANAGH AND NOT TO TELL HIS SON (VINNIE) THAT HIS PROPERTY WAS RETURNED EITHER. IT WAS EXPLAINED TO HIM THAT THIS CASE IS STILL ACTIVE AND WE WANT TO MAKE CONTACT WITH MR CAVANAGH. HE AGREED TO FOLLOW MY REQUEST. ON 021513, THIS DETECTIVE MADE CONTACT WITH MR BEN COLE BY TELEPHONE AND ADVISED HIM THAT I WAS the DETECTIVE ASSIGNED TO THE CASE. MR COLE STATED THAT HE HAD BORROWED the HEDGE TRIMMER FROM MR CAVANAGH. MR COLE FURTHER STATED MR CAVANAGH IS AN EMPLOYEE OF HIS AND that HE THINKS HIS SON, VINNIE, IS ATTEMPTING TO GET MR CAVANAGH IN TROUBLE. HE STATED HE BELIEVED THAT VINNIE REMOVED THE HEDGER FROM the GARAGE. ON 022813, THIS DETECTIVE MADE CONTACT WITH MR CAVANAGH AND ASKED HIM IF HE KNEW WHY I WAS THERE. HE STATED THAT HE KNEW IT WAS ABOUT THE HEDGER. I HAD MADE A PREVIOUS PHONE CALL TO MR CAVANAGH ASKING HIM ABOUT THE HEDGER AND HE STATED THAT HE HAD ASKED PERMISSION TO BORROW the HEDGER. IT WAS AFTER THAT PHONE CALL I THAT MADE CONTACT WITH THE VICTIM AND ASKED THE VICTIM IF AT ANY POINT and TIME MR CAVANAGH HAD ASKED HIM TO BORROW HIS HEDGER TRIMMER. the VICTIM STATED ABSOLUTELY NOT. IT APPEARED THAT MR CAVANAGH HAD GIVEN MR COLE A DIFFERENT STORY BY STATING THAT VINNIE HAD TAKEN the HEDGER OUT OF THE GARAGE AND STATED TO ME THAT HE HAD ASKED MR COLEY TO BORROW THE HEDGER. WHEN I ARRIVED AT the RESIDENCE AND IN SPEAKING WITH THE SUSPECT, MR CAVANAGH, I ASKED HIM IF HE COULD PRODUCE A WITNESS STATING THAT HE ASKED TO BORROW THE HEDGER. HE ADVISED THAT HE DID NOT KNOW. IT WAS AT THIS TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR GRAND THEFT FROM A DWELLING. HE WAS HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY RUBY. UPON ARRIVAL AT the JAIL, THE DEFENDANT WAS BOOKED AND HIS BOND SET AT $3,000.00, PER THE BOND SCHEDULE. |
