| Probable cause affidavit: |
SUBMITTED BY: LOVULLO, SARAH 0723 (12-117436) (AR12-1866) DID WITH INTENT TO DEFRAUD THE ISSUER OR A PERSON OR ORGANIZATION PROVIDING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE OR ANY OTHER PERSON, USES, FOR THE PURPOSE OF OBTAINING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, A CREDIT CARD OBTAINED OR RETAINED IN VIOLATION OF THIS PART OR A CREDIT CARD WHICH HE OR SHE KNOWS IS FORGED, OR WHO OBTAINS MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE BY REPRESENTING, WITHOUT THE CONSENT OF THE CARDHOLDER, THAT HE OR SHE IS THE HOLDER OF A SPECIFIED CARD OR BY REPRESENTING THAT HE OR SHE IS THE HOLDER OF A CARD AND SUCH CARD HAS NOT IN FACT BEEN ISSUED, IN VIOLATION OF FLORIDA'S STATE STATUTE 817.61 ON 070612 AT APPROXIMATELY 1830 HOURS, I WAS DISPATCH TO 1019 CEDAR AVENUE IN INVERNESS IN REFERENCE TO MORE INFORMATION ON A FRAUD THAT HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR TERRY BENNETT, WHO ADVISED THAT HIS BROTHER/DEFENDANT, MR MATTHEW BENNETT, IS INCARCERATED IN THE CITRUS COUNTY DETENTION FACILITY. HE FURTHER ADVISED THAT THE DEFENDANT WAS INCARCERATED DUE TO HIM TAKING HIS CREDIT CARDS AND HAD USED IT FOR 23 DIFFERENT TRANSACTIONS WITHOUT HIS PERMISSION. THE VICTIM FURTHER STATED ON TODAYâS DATE 070612, HE RECEIVED HIS CHASE CREDIT CARD MONTHLY STATEMENT THAT IS A JOINT ACCOUNT WITH HIS WIFE, LATER IDENTIFIED AS MS DEBBIE BENNETT. HE FURTHER STATED WHILE LOOKING OVER THE CREDIT CARD TRANSACTIONS, HE NOTICED SIX CHARGES THAT HE OR HIS WIFE DID NOT CHARGE ONTO THE ACCOUNT. VICTIM TERRY STATED THAT ONE OF THE CHARGES WAS ON 061112 FOR $51.53 TO WASABIâS SHOP IN FLORAL CITY AND ANOTHER WAS ON 061312 TO LOWES IN INVERNESS FOR $126.14. ALSO HE NOTICED ONE OF THE CHARGES WAS ON 062112 TO WASABI SHOP IN FLORAL CITY FOR $24.76 AND ANOTHER ON 062712 FOR $31.63 AND TWO MORE ON 062812 FOR $49.52 AND $64.47, ALL TO WASABI SHOP. HE STATED THE TRANSACTIONS TOTALED $395.43. VICTIM TERRY STATED THAT HE NOR HIS WIFE HAVE NEVER BEEN TO THE WASABI SHOP AND DID NOT GO TO LOWES ON THAT DAY. HE FURTHER STATED THAT HE DID NOT GIVE ANYONE PERMISSION TO USE THIS ACCOUNT AT ANY TIME. I THEN HANDED THE VICTIMS STATEMENT FORMS WHICH WERE COMPLETED. I THEN ASKED THEM TO RAISE THEIR RIGHT HAND AND SWEAR THEIR WRITTEN TESTIMONY ON THE FORMS WERE TRUE, TO WHICH THEY STATED YES AND THEY BOTH SIGNED THE SWORN WRITTEN STATEMENTS WHICH WERE COLLECTED AND TURNED IN TO RECORDS. THE VICTIMS THEN PROVIDED ME A COPY OF THE CHASE CREDIT CARD STATEMENT WHICH WAS COLLECTED AND LATER TURNED IN TO EVIDENCE. I THEN RESPONDED TO THE WASABI SHOP IN FLORAL CITY AND SPOKE WITH THE MANAGER. I THEN INFORMED THE MANGER OF THE CHARGES ON 061112, 062112, 062712 AND 062812 TOTALING IN THE AMOUNT OF $269.29 WHICH OCCURRED SOME TIME ON THOSE DATES. THE STORE MANAGER THEN ADVISED ME THAT THE RECEIPTS FOR THE STORE ON THOSE DATES ARE APPROXIMATELY AN HOUR AWAY AND THE STORE SURVEILLANCE ONLY SAVES UP TO 12 DAYS AND THEN RE-RECORDS OVER. THE MANAGER THEN PROCEEDED TO LOOK OVER THE SURVEILLANCE FILMS AND FOUND ON 062812 THE DEFENDANT WAS IN THE STORE TWICE ON THAT DATE. THE STORE MANAGER ADVISED THAT HE RECOGNIZED THE DEFENDANT. I COMPARED THE DRIVER AND VEHICLE INFORMATION DATABASE PHOTO TO THE SURVEILLANCE TAPE AND CONFIRMED THAT IT WAS THE DEFENDANT. I ASKED THE STORE MANAGER FOR THE SURVEILLANCE VIDEO AND THE RECEIPTS. HE ADVISED THAT HE WOULD HAVE TO CONTACT THIS AGENCY AT A LATER TIME TO COLLECT THEM. HE FURTHER ADVISED THAT HE REMEMBERED THE DEFENDANT GIVING HIM A TELEPHONE NUMBER TO SPEAK WITH VICTIM DEBBIE TO VERIFY THAT IT WAS OKAY FOR THE DEFENDANT TO USE THE CHASE CREDIT CARD. HE STATED HE VERIFIED THE BILLING ADDRESS AND NUMBERS ON THE CARDS WITH THEIR DATE OF BIRTH. I THEN HANDED THE STORE MANAGER AN AGENCY ISSUED CASE CARD BEARING THIS CASE NUMBER AND MY IDENTIFICATION AND ADVISED THE VICTIM TO CONTACT THIS AGENCY WITH ANY ADDITIONAL INFORMATION OR QUESTIONS REGARDING THIS CASE. I RETURNED TO THE VICTIMâS RESIDENCE AND ADVISED THEM OF WHAT THE MANAGER HAD STATED. VICTIM DEBBIE ADVISED THAT SHE WOULD NEVER ALLOW THE DEFENDANT TO USE THAT CARD OR ANYONE ELSE, NOR DID SHE SPEAK WITH THE MANAGER OF THE WASABI SHOP. VICTIM TERRY ADVISED THAT THE DEFENDANT IS A FRIEND OF THE MANAGER OF THE WASABI SHOP AND THINKS HE DOES NOT WANT TO GE THE DEFENDANT IN TROUBLE. I THEN ADVISED THE VICTIMS THAT I WOULD BE RESPONDING TO THE CITRUS COUNTY DETENTION FACILITY AND MAKE CONTACT WITH THE DEFENDANT. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, I MADE CONTACT WITH THE DEFENDANT AND READ HIM MIRANDA WARNINGS PER PREPRINTED AGENCY CARD, ASKED HIM IF HE UNDERSTOOD HIS RIGHTS AND IF HE WOULD SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED YES HE UNDERSTOOD HIS RIGHTS AND DID WISH TO SPEAK WITH ME. I THEN ASKED THE DEFENDANT ABOUT THE SIX CREDIT CARD TRANSACTIONS FROM HIS BROTHERâS AND SISTER-IN-LAWâS CREDIT CARD ACCOUNT. THE DEFENDANT STATED THAT HE DID MAKE THOSE TRANSACTIONS AND IS VERY SORRY AND WISHES THAT HE COULD TAKE IT BACK. THE DEFENDANT STATED THAT HE WOULD LIKE TO PAY BACK HIS BROTHER AS SOON AS HE CAN. HE STATED THAT AS SOON AS HE USED THE CHASE CREDIT CARD ACCOUNT OF THE VICTIMâS, HE FELT VERY BAD, UPSET, WANTED TO TELL THE VICTIMS AND HANDLE IT THROUGH THE FAMILY. HE STATED HE NEVER COULD GET THE COURAGE TO TELL THEM THAT HE HAD USED THEIR CREDIT CARD. I THEN ASKED HIM ABOUT WHAT THE WASABI MANAGER HAD STATED ABOUT SPEAKING WITH VICTIM DEBBIE ON THE TELEPHONE TO VERIFY THAT HE COULD USE THE CREDIT CARD. THE DEFENDANT STATED THAT HE HAD BEEN HANGING OUT WITH A LOT OF DIFFERENT PEOPLE AND HE DID HAVE A GIRL ACT LIKE HIS SISTER-IN-LAW/VICTIM DEBBIE. HE STATED HE CAN NOT REMEMBER HER NAME AT THIS TIME, BUT HE DID NOT WANT TO GET ANYONE IN TROUBLE AS HE TOLD HER TO DO THAT. I THEN ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR FRAUDULENT USE OF A CREDIT CARD, PLACED UNDER ARREST AND TURNED OVER TO THE CITRUS COUNTY DETENTION FACILITY STAFF FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $5,000.00, PER THE BOND SCHEDULE. |
