| Probable cause affidavit: |
SUBMITTED BY: PRUITT, DODI 0396 (AR13-5645) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: FOUR TIRE RIMS, A TRANSMISSION TO A VEHICLE, TWO PIECES OF ALUMINUM, AN ALUMINUM BAKERâS RACK, AN ALUMINUM PIECE TO AN OUTBOARD MOTOR, AND TWO SHEETS OF ALUMINUM, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), TO WIT: $480.00, 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 STATUTES 812.014. ON 051613, I WAS CONTACTED BY DEPUTY STOKES, IN REFERENCE TO A THEFT WHICH HAD ALREADY OCCURRED. HE ADVISED THAT HE HAD BEEN DISPATCHED TO BAJA COURT, IN CRYSTAL RIVER, IN REFERENCE TO A VERBAL ALTERCATION BETWEEN A VICTIM WHO HAD LOCATED HER STOLEN ARTICLES AT THE DEFENDANTâS RESIDENCE. DEPUTY STOKES STATED THAT THE VICTIM HAD ADVISED HIM THAT THERE WERE FOUR TIRE RIMS, A TRANSMISSION TO A VEHICLE, TWO PIECES OF ALUMINUM, AN ALUMINUM BAKERâS RACK, AN ALUMINUM PIECE TO AN OUTBOARD MOTOR, AND TWO SHEETS OF ALUMINUM IN DEFENDANT MR MATTHEW EAVESâ BACKYARD. DEPUTY STOKES ADVISED HE MADE CONTACT WITH DEFENDANT MR JONATHAN GONZALEZ, AND TWO OTHER SUBJECTS THAT WERE AT THE RESIDENCE ON BAJA COURT. DEPUTY STOKES ADVISED THAT ALL SUBJECTS HAD DENIED KNOWING HOW THE ITEMS GOT IN THE BACKYARD. DEPUTY STOKES REQUESTED FOR ME TO RESPOND TO THE SCENE, TO WHICH I DID. UPON ARRIVAL AT 8091 WEST BAJA COURT, LOT 6, I MADE CONTACT WITH DEPUTY STOKES. HE ADVISED THAT THE SHOE IMPRESSIONS FOUND ON THE VICTIMâS PROPERTY MATCHED THE BOTTOM OF DEFENDANT GONZALEZâS SHOES WHICH HE WAS CURRENTLY WEARING. I THEN MADE CONTACT WITH DEFENDANT MR GONZALEZ AND THE TWO OTHER SUBJECTS. THEY ALL ADVISED ME THEY DID NOT KNOW ANYTHING ABOUT THE STOLEN ITEMS IN THE BACKYARD. I THEN REQUESTED TO SPEAK TO DEFENDANT MR GONZALEZ ALONE, TO WHICH HE AGREED. WHILE WALKING TO THE BACK OF MY PATROL VEHICLE, HE ADVISED THAT DEFENDANT MR EAVES WAS THE PERSON THAT HAD STOLEN THE ITEMS, BUT WHEN THE VICTIM HAD ARRIVED AT HIS RESIDENCE, DEFENDANT MR EAVES HAD GRABBED HIS SHOTGUN, AND RAN INTO THE WOODS. DEFENDANT MR GONZALEZ STATED THAT DEFENDANT MR EAVES TOLD HIM HE WAS NOT GOING TO GO TO JAIL. HE ALSO ADVISED THAT A FEW MINUTES AFTER THE DEPUTIES ARRIVED ON SCENE; HE HEARD A SINGLE GUN SHOT, COMING FROM THE WOODED AREA. I IMMEDIATELY ADVISED DISPATCH OF THE NEW INFORMATION. THE K-9 UNIT, THE S.W.A.T. TEAM, AND THE AIR UNIT RESPONDED TO THE SCENE. WHILE THEY WERE SEARCHING FOR DEFENDANT MR EAVES I SPOKE TO DEFENDANT MR GONZALEZ FURTHER ABOUT THE INCIDENT. I ASKED DEPUTY STOKES AND DEPUTY AGUILERA IF THEY DID HEAR A GUNSHOT IN THE AREA SHORTLY AFTER THEIR ARRIVAL; AND THEY BOTH ADVISED THAT THEY HAD. I READ DEFENDANT MR GONZALEZ HIS MIRANDA WARNINGS, VIA A PREPRINTED AGENCY CARD, TO WHICH HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS, AND WISHED TO SPEAK TO ME. HE STATED THAT DEFENDANT MR EAVES HAD APPROACHED HIM TWO DAYS AGO, STATING HE FOUND SOMEWHERE THAT HAD A TRANSMISSION AND OTHER SCRAP PARTS. DEFENDANT MR GONZALEZ ADVISED THAT HE THEN TOLD HIM HE DID NOT WANT ANY PART OF IT. HE ADVISED THAT ON THIS DATE HE WENT TO DEFENDANT MR EAVESâ RESIDENCE, AND DID NOT SEE HIM; BUT DID SEE A TRANSMISSION IN THE BACKYARD. DEFENDANT MR GONZALEZ ADVISED THAT HE THOUGHT DEFENDANT MR EAVES MUST HAVE WENT BACK TO THE YARD WHERE HE STOLE THE TRANSMISSION, SO HE JUMPED THE FENCE AND WALKED INTO THE WOODS TO LOOK FOR HIM. HE ADVISED THAT HE LOCATED DEFENDANT MR EAVES ON THE PROPERTY, AND OBSERVED THAT HE WAS STEALING TWO TIRE RIMS. HE ADVISED THAT HE TOLD DEFENDANT MR EAVES NOT TO DO IT, BUT THAT HE DID IT ANYWAY, AND LEFT. DEFENDANT MR GONZALEZ ADVISED THAT HE KNEW HE WAS WRONG FOR GOING THERE BUT WAS TRYING TO HELP CHANGE DEFENDANT MR EAVESâ MIND. A COUPLE OF HOURS LATER THE SWAT TEAM LOCATED DEFENDANT EAVEâS IN THE WOODS DIRECTLY BEHIND HIS RESIDENCE WITH THE SHOTGUN. THEY TOOK HIM INTO CUSTODY WITHOUT INCIDENT AND COLLECTED THE SHOTGUN. I MADE CONTACT WITH DEFENDANT MR EAVES AND READ HIM MIRANDA WARNINGS. HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME. HE ADMITTED TO GOING TO A YARD ON THE OTHER SIDE OF THE WOODS AND SEEING A TRAILER WITH A BUNCH OF SCRAP ON IT ALONG WITH OTHER ITEMS NEAR IT. HE ADVISED HE OBSERVED THE TRANSMISSION AND TIRE RIMS. HE ADVISED THAT DEFENDANT MR GONZALEZ WAS WITH HIM AND THEY TOOK THE RIMS AND TRANSMISSION AND OTHER ITEMS THAT WERE IN THE BACKYARD NEAR THE TRANSMISSION. HE STATED THEY HAULED THEM TO HIS BACKYARD AND TOSSED THEM OVER THE FENCE INTO HIS BACKYARD AND HAD TO MAKE A COUPLE TRIPS. HE STATED THAT SOMEONE IN A VAN SAW HIM AND HE THOUGHT HE WAS GOING TO BE IN TROUBLE. HE STATED THAT HE WAS IN HIS RESIDENCE WHEN THE VICTIM ARRIVED IN THE PICKUP TRUCK. HE STATED HE SNUCK OUT THE BACK DOOR AND INTO THE WOODS WITH THE SHOTGUN BECAUSE HE STATED THAT IF HE WOULD HAVE MADE CONTACT WITH THEM SOMETHING VERY BAD WOULD HAVE HAPPENED. HE STATED HE JUST LEFT AND TOOK THE SHOTGUN WITH HIM BECAUSE OF SNAKES IN THE WOODS. HE ADVISED HE DID SHOOT ONE ROUND INTO A TREE BECAUSE HE WAS MAD. HE ADVISED THEY WERE GOING TO SCRAP THE STUFF AT INTER-COUNTY RECYCLING. BOTH DEFENDANTS WERE THEN HANDCUFFED, DOUBLE LOCKED BEHIND THEIR BACKS, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, FOR BOOKING AND PROCESSING. EACH DEFENDANT WAS CHARGED WITH ONE COUNT OF GRAND THEFT TOTALING GREATER THAN $300.00 BUT LESS THAN $5,000.00, AS THE ITEMS STOLEN TOTALED $480.00. THEIR BOND WAS SET AT $ 2,000.00, PER THE BOND SCHEDULE. |
