| Probable cause affidavit: |
SUBMITTED BY: SANCHEZ, MICHAEL 1242 (AR17-23392)(17-51259)(0203) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of, GS AUTO BROKERS to-wit: THE DEFENDANT STOLE A CHEVROLET IMPALA, by exercising control over said property with the intent to either temporarily or permanently deprive GS AUTO BROKERS of a right to the property or a benefit thereof, or did appropriate the property to MR MICHAEL MCCLELLAND JRâS own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c); DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN CONVEYANCE, TO-WIT: GS AUTO BROKERS, THE PROPERTY OF GS AUTO BROKERS, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: PETIT THEFT BY STEALING THE KEY TO THE VEHICLE, AND THE SAID CONVEYANCE WAS NOT OPEN TO THE PUBLIC AT THE TIME, AND MR MICHAEL MCCLELLAND JR WAS NOT LICENSED OR INVITED TO ENTER OR REMAIN IN SAID CONVEYANCE, IN VIOLATION OF FLORIDA STATUTE 810.02(4)(A) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN CONVEYANCE, TO-WIT: A DODGE PICKUP TRUCK, THE PROPERTY OF MR DENNIS MONROE, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THE DEFENDANT ENTERED THE VICTIMâS VEHICLE, ATTEMPTING TO REMOVE THE VICTIMâS PROPERTY WHERE HE WAS CAUGHT IN THE PROCESS, AND THE SAID CONVEYANCE WAS NOT OPEN TO THE PUBLIC AT THE TIME, AND MR MICHAEL MCCLELLAND JR WAS NOT LICENSED OR INVITED TO ENTER OR REMAIN IN SAID CONVEYANCE, IN VIOLATION OF FLORIDA STATUTE 810.02(4)(B) DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF GS AUTO BROKERS, TO-WIT: THE DEFENDANT BUSTED OUT A WINDOW TO THE BUILDING AND ALSO BROKE THE DOOR HANDLE TO A DOOR. UPON STEALING THE VEHICLE THE DEFENDANT RAN THE VEHICLE THROUGH THE FRONT GATE OF THE BUSINESS, DESTROYING THE GATE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR MORE BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)(2) ON 041117, AT APPROXIMATELY 1946 HOURS, I WAS RESPONDING TO AN ACCIDENT WITH UNKNOWN INJURY IN THE AREA OF EAST NORVELL BRYANT HIGHWAY AND NORTH LECANTO HIGHWAY. DISPATCH THEN ADVISED THAT THE DRIVER OF THE VEHICLE WAS SEEN RUNNING AWAY FROM THE SCENE. AT THAT TIME, I BEGAN TO "BOLO" THE AREA OF EAST NORVELL BRYANT HIGHWAY AND NORTH CROOKED BRANCH DRIVE. WHILE "BOLO"-ING THE AREA, SEVERAL CALLS WERE MADE TO DISPATCH ABOUT AN INDIVIDUAL WITHOUT A SHIRT ON AND COVERED IN TATTOOS RUNNING THROUGH PEOPLESâ YARD. A SHORT TIME LATER, ANOTHER CALL CAME IN AT 1860 NORTH CROOKED BRANCH DRIVE WHERE THE DEFENDANT, LATER IDENTIFIED AS MR MICHAEL MCCLELLAND JR, WAS SEEN REMOVING ITEMS FROM VICTIM MR DENNIS MONROEâS VEHICLE. DISPATCH ADVISED THAT THE DEFENDANT WAS INTERRUPTED IN THE MIDDLE OF TAKING THE PROPERTY BY VICTIM MONROE. THE DEFENDANT DROPPED THE PROPERTY AND TOOK OFF RUNNING IN A NORTHERLY DIRECTION. AT THAT TIME, I SPOTTED AN INDIVIDUAL AT NORTH CROOKED BRANCH DRIVE AND EAST NORVELL BRYANT HIGHWAY WHO WAS A WHITE MALE, COVERED IN TATTOOS AND APPEARED TO BE SWEATING. AT THAT TIME, I DETAINED THAT INDIVIDUAL WHO WAS THEN DETERMINED TO BE THE DEFENDANT. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS VIA A PREPRINTED AGENCY CARD. I ASKED THE DEFENDANT WHAT HE WAS DOING AND WHERE HE WAS COMING FROM BECAUSE HE WAS SWEATY. I OBSERVED A SCRATCH ABOVE HIS LEFT EYE, APPROXIMATELY FOUR TO FIVE INCHES IN LENGTH AND SEVERAL SCRATCHES ON HIS ARMS. THE DEFENDANT ADVISED THAT HE HAD WRECKED HIS BICYCLE AND FELL INTO PALMETTO BUSHES. DEPUTY PRICE (0411) ADVISED THAT HE HAD A WHEEL WITNESS FROM THE VEHICLE CRASH THAT HE WOULD BE DRIVING BY IN HIS VEHICLE TO SEE IF THE WITNESS COULD IDENTIFY THE DEFENDANT. A SHORT TIME LATER, DEPUTY SUDLOW (0759) THEN DROVE THE WITNESS BY THE DEFENDANT. THE WITNESS POSITIVELY IDENTIFIED THE DEFENDANT AS THE INDIVIDUAL INVOLVED IN THE ACCIDENT. I WAS ABLE TO MAKE CONTACT WITH VICTIM MONROE BY TELEPHONE. VICTIM MONROE ADVISED THIS DEPUTY THAT THE INDIVIDUAL HE CAUGHT BREAKING INTO HIS PICKUP TRUCK WAS COVERED IN TATTOOS AND DID NOT HAVE A SHIRT ON. I ADVISED VICTIM MONROE THAT A DEPUTY WOULD BE TO HIS RESIDENCE SHORTLY TO COLLECT HIS INFORMATION AND HIS STATEMENT. I THEN SEARCHED THE DEFENDANT AND SEATED HIM IN THE REAR OF MY PATROL VEHICLE WHERE HE WAS TRANSPORTED ACROSS THE STREET TO EAST NORVELL BRYANT HIGHWAY AND NORTH LECANTO HIGHWAY, WHICH WAS THE LOCATION OF THE ACCIDENT WHERE FLORIDA HIGHWAY PATROL WAS STANDING BY TO SPEAK WITH THE DEFENDANT. AS I ARRIVED ON SCENE AT THAT LOCATION, IT WAS DETERMINED THAT THE VEHICLE THAT WAS INVOLVED IN THE ACCIDENT HAD BEEN STOLEN A SHORT TIME PRIOR FROM GS AUTO BROKERS LOCATED AT 6545 WEST GULF TO LAKE HIGHWAY, IN CRYSTAL RIVER. IT WAS ALSO DETERMINED FROM DEPUTIES ON SCENE AT THAT LOCATION THAT A BURGLARY HAD OCCURRED TO THAT BUSINESS AND THAT WAS HOW THE DEFENDANT WAS ABLE TO ACCESS THE KEY AND STEAL THE VEHICLE. THE DEPUTIES ALSO ADVISED THAT WHILE LEAVING THE BUSINESS, THE DEFENDANT RAMMED THE VEHICLE THROUGH THE FRONT GATE CAUSING THE GATE TO BREAK. WHILE FLORIDA HIGHWAY PATROL WAS SPEAKING WITH THE DEFENDANT, DEPUTY PRICE RESPONDED TO VICTIM MONROEâS RESIDENCE WHERE HE GATHERED VICTIM MONROEâS INFORMATION AND STATEMENT. DEPUTY PRICE THEN DROVE VICTIM MONROE OVER TO THE ACCIDENT LOCATION WHERE HE WAS ABLE TO POSITIVELY IDENTIFY THE DEFENDANT AS THE INDIVIDUAL WHO HE CAUGHT BREAKING INTO HIS TRUCK. ONCE FLORIDA HIGHWAY PATROL CONCLUDED THEIR INVESTIGATION, I ADVISED THE DEFENDANT THAT HE WAS UNDER ARREST FOR TWO COUNTS OF BURGLARY, ONE COUNT OF GRAND THEFT AND ONE COUNT OF CRIMINAL MISCHIEF WHERE HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO CITRUS COUNTY DETENTION FACILITY STAFF. ONCE THE CITRUS COUNTY DETENTION FACILITY STAFF PROCESSED THE DEFENDANT, I ATTEMPTED TO INTERVIEW THE DEFENDANT IN A CONTROLLED ENVIRONMENT WHERE I BROUGHT THE DEFENDANT OVER TO THE INTERVIEW ROOM. I ASKED THE DEFENDANT IF HE REMEMBERED THAT HE WAS READ HIS MIRANDA RIGHTS WHEN HE WAS PLACED UNDER ARREST. HE ADVISED HE DID REMEMBER THAT, HOWEVER I ADVISED HIM THAT I WOULD BE READING HIS RIGHTS AGAIN AND ALSO AUDIO RECORDING HIS STATEMENT. AS I READ THE DEFENDANT HIS RIGHTS, I THEN ASKED HIM IF HE UNDERSTOOD THOSE RIGHTS WHERE HE WOULD NOT GIVE AN ANSWER. I ASKED IF HE WOULD SPEAK TO ME AT THIS TIME WHERE HE WOULD NOT VERBALLY GIVE AN ANSWER, HOWEVER JUST SHOOK HIS HEAD LEFT TO RIGHT INDICATING THAT HE DID NOT WISH TO SPEAK. AT THAT TIME, THE INTERVIEW WAS COMPLETED AND THE DEFENDANT WAS TAKEN BACK OVER TO BOOKING. THE DEFENDANTâS BOND WAS SET AT $5,000.00 FOR THEFT OF AN AUTOMOBILE, $5,000.00 FOR BURGLARY TO AN UNOCCUPIED STRUCTURE, $5,000.00 FOR BURGLARY TO AN UNOCCUPIED CONVEYANCE AND $1,000.00 FOR CRIMINAL MISCHIEF $200.00 OR MORE BUT LESS THAN $ 1,000.00. ***AMENDED PER JUDGE YERMAN*** SERGEANT CORBIN (0288) RESPONDED TO THE ACCIDENT LOCATION WHERE I WAS LOCATED. SERGEANT CORBIN ADVISED THAT DEPUTY MORAN (1246) WAS ON SCENE AT G&S AUTO BROKERS WHERE HE HAD A BURGLARY TO THE BUSINESS AND A VEHICLE STOLEN FROM THE BUSINESS THAT WAS ON CONSIGNMENT. DEPUTY MORAN ADVISED THAT A WINDOW TO THE BUSINESS HAD BEEN SMASHED OUT AND THAT THE DOORKNOB HAD BEEN BROKEN OFF THE DOOR. THE KEY TO THE STOLEN VEHICLE WAS ALSO MISSING FROM INSIDE THE BUSINESS. DEPUTY MORAN WAS ABLE TO DETERMINED FROM THE BUSINESS OWNER THAT THE ONLY WAY TO ACCESS THE VEHICLE WAS WITH THE KEY FROM INSIDE THE BUSINESS. FURTHER INVESTIGATION REVEALED THAT THE DEFENDANT HAD TO BREAK IN TO THE SECURED BUSINESS BY BREAKING THE WINDOW TO ACCESS THE KEY. AFTER REMOVING THE KEY AND ACCESSING THE VEHICLE, THE DEFENDANT RAN THE VEHICLE INTO THE LOCKED GATE CAUSING IT TO BREAK WHEN LEAVING THE SCENE. AT THAT TIME, I OBSERVED THE KEY TO THE STOLEN VEHICLE TO STILL BE IN THE VEHICLE, WHICH WAS IN FACT THE KEY STOLEN FROM INSIDE THE BUSINESS. WITNESS BALEWARE WAS ABLE TO IDENTIFY THE DEFENDANT AS BEING THE SOLE OCCUPANT OF THE VEHICLE AT THE TIME OF THE ACCIDENT, WHERE THE DEFENDANT THEN FLED THE SCENE. WITH THERE ONLY BEING A MATTER OF MINUTES BETWEEN THE BURGLARY AND THE THEFT OF THE VEHICLE, TO THE TIME THE DEFENDANT WAS SEEN EXITING THE VEHICLE AND FLEEING, HE WAS PLACED UNDER. |
