| Probable cause affidavit: |
SUBMITTED BY: LAHERA, ANDRES 0673 (15-141286) (AR17-22569) DID UNLAWFULLY ENTER OR REMAIN IN A DWELLING, TO WIT: THE VICTIMâS RESIDENCE AT 9680 NORTH AMELIA AVENUE, IN DUNNELLON, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, AND DID NOT MAKE AN ASSAULT OR BATTERY AND WAS NOT AND DID NOT BECOME ARMED WITH A DANGEROUS WEAPON OR EXPLOSIVE, AND THERE WAS ANOTHER PERSON IN THE DWELLING AT THE TIME, IS IN VIOLATION OF FLORIDA STATUTE 810.02(3)(A). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: CUT THE REAR SCREEN DOOR TO GAIN ENTRY INTO THE ENCLOSED SCREEN ROOM, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(B)1. ON 102815, I RECEIVED CASE NUMBER 2015-141286, A BURGLARY THAT HAD ALREADY OCCURRED AT THE ADDRESS OF 9680 NORTH AMELIA AVENUE, IN DUNNELLON. I MET WITH THE VICTIM WHO EXPLAINED THAT SHE WAS IN HER ROOM GETTING DRESSED AND HEARD A KNOCK AT THE FRONT DOOR. SHE WENT TO THE FRONT DOOR BUT DID NOT SEE ANYONE. SHE THEN HEARD A NOISE AT THE REAR DOOR AND AS SHE WENT TO THE REAR DOOR AND MOVED THE CURTAINS, SHE DISCOVERED A WHITE MALE JIGGLING THE DOOR HANDLE. THE VICTIM ADVISED THE DEFENDANT THEN SAW HER, TOOK OFF RUNNING THROUGH THE CUT SCREEN DOOR AND LEFT IN AN UNKNOWN DIRECTION. WHILE ON SCENE FOOTPRINTS WERE DISCOVERED IN THE SANDY PART OF THE VICTIMâS BACK YARD WHICH ALSO HAD A CIGARETTE BUTT THAT APPEARED TO BE FRESH DUE TO THE LONG ASH STILL ATTACHED TO IT AND WAS LOCATED NEXT TO TWO FOOTPRINTS WHICH WERE BELIEVED TO BE THE DEFENDANTâS. THIS CIGARETTE BUTT WAS COLLECTED AND TURNED IN FOR ANALYSIS. THIS ANALYSIS DETERMINED IT TO BE THE DEFENDANT. ON 020717, I WAS MADE AWARE THE DEFENDANT HAD BEEN ARRESTED ON OTHER BURGLARY CHARGES AND COULD BE LOCATED AT THE CITRUS COUNTY DETENTION FACILITY. ON 020817, I INTERVIEWED THE DEFENDANT AT THE CITRUS COUNTY DETENTION FACILITY. I INTRODUCED MYSELF AND READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. I ADVISED HIM THAT I WAS INVESTIGATING THIS CASE. I THEN EXPLAINED THE SCENARIO OF THE CASE AND ASKED IF HE COULD RECALL ANY SUCH INCIDENT. THE DEFENDANT SAID HE COULD NOT, ADVISING HE DID NOT LIVE IN CITRUS SPRINGS AT THE TIME OF THE OCCURRENCE AND HE DOES NOT REMEMBER CUTTING A SCREEN AND GOING FACE TO FACE WITH THE VICTIM. I THEN QUESTIONED IF THAT WAS THE CASE HOW I WOULD HAVE COLLECTED HIS DNA FROM A CIGARETTE BUTT IN THE VICTIMâS BACK YARD. HE THEN STATED HE WAS UNSURE AND COULD NOT RECALL, ADVISING THAT HE USED TO CUT LAWNS. I THEN REPEATED THAT IF HE HAD EVER CUT THE VICTIMâS LAWN AND HE STATED NO. I THEN ADVISED THAT HE ALSO STATED HE DID NOT LIVE IN THE AREA AT THE TIME OF THE OCCURRENCE AND HE ADVISED HE JUST COULD NOT RECALL ANYTHING. THE DEFENDANT WAS PLACED UNDER ARREST FOR BURGLARY AND VANDALISM. THE DEFENDANT WAS THEN TURNED BACK OVER TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANTâS BOND WAS SET AT $15,000.00 FOR BURGLARY AND $500.00 FOR CRIMINAL MISCHIEF FOR A TOTAL BOND AMOUNT OF $15,500.00, PER THE BOND SCHEDULE. |
