| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSSELL 0297 (AR11120952) ON 03/25/2011, THE SUSPECT, MR. MICHAEL MELE, DOB: 10/26/1991 RECEIVED A COURT ORDER SIGNED BY THE HONORABLE JUDGE DAVIS AFTER A MOTION FOR PRE-TRIAL RELEASE WAS GRANTED. THE SUSPECT WAS SUBSEQUENTLY PLACED ON CRIMETRAX, A GPS MONITORING DEVICE (ANKLE BRACELET) MONITORED BY THE CITRUS COUNTY SHERIFF'S OFFICE CAREER CRIMINAL INVESTIGATIONS UNIT. THE SUSPECT DID SIGN NUMEROUS DOCUMENTS PRIOR TO BEING RELEASED FROM THE COUNTY JAIL ON THIS PROGRAM. THE DOCUMENTS INCLUDED WERE THE TERMS OF PRE-TRIAL RELEASE (SIGNED BY JUDGE DAVIS AND MICHAEL MELE) AND ASSIGNMENT RULES (ALSO SIGNED BY MICHAEL MELE). JUDGE DAVIS DID STIPULATE IN HER ORDER, TO BE "RELEASED TO THE CUSTODY OF HIS PARENTS, TO BE ON HOUSE ARREST." ON 05/24/2011, AT APPROXIMATELY 2015 HOURS, THE DEFENDANT'S FATHER CONTACTED DETECTIVE KESZTHELYI AND ADVISED HIM THAT HIS SON MICHAEL WAS NOT HOME AND HAD VIOLATED HIS HOUSE ARREST. HE FURTHER STATED THAT MICHAEL HAD LEFT HIS GPS MONITOR INSIDE HIS BEDROOM (CHARGING) AND THAT HIS BED WAS MADE UP TO APPEAR THAT HE WAS SLEEPING IN IT. THE INSIDE AND OUTSIDE OF HIS RESIDENCE LOCATED AT 85 SOUTH TYLER STREET, BEVERLY HILLS, FL. WAS CHECKED FOR MICHAEL AND WAS NOT LOCATED. DETECTIVE KESZTHELYI THEN TOOK RECEIPT OF THE EQUIPMENT WHICH WAS INSPECTED AND VERIFIED THAT IT WAS IN GOOD OPERATING ORDER. IT APPEARS THAT MICHAEL WAS ABLE TO SLIP OFF THE DEVICE. NO ALARMS (BRACELET STRAP OPTICAL'S OR TAMPERS) WERE RECEIVED BY MONITORING DETECTIVES. AN EMAIL TRANSMISSION FOR MICHAEL WAS SENT TO ALL PATROL UNITS ADVISING THAT PROBABLE CAUSE DOES EXIST ON HIM, AS HE DID ALTER AND TAMPER WITH A COURT ORDERED ELECTRONIC MONITORING DEVICE, TO WIT A GPS- TRACKING DEVICE WHICH WAS ATTACHED TO ONE OF HIS ANKLES IN VIOLATION OF FLORIDA STATE STATUTE 948.11(7), AN (F3). ON 052511 WHILE PERFORMING AN UNRELATED TRAFFIC STOP ON HIGHWAY 44 IN INVERNESS NEXT TO AARON'S RENTAL, THE DEFENDANT, MICHAEL DAVID MELE, IN THIS CASE WAS LOCATED AS A PASSENGER, BUT HAD GIVEN A FALSE NAME BY TELLING DEPUTIES ON SCENE THAT HE WAS MR DAVID COLE WITH A DATE OF BIRTH 102891. HOWEVER, THIS DEPUTY HAS HAD PAST CONTACT WITH THE DEFENDANT AND KNEW THAT DAVID COLE WAS NOT THE DEFENDANT'S NAME. AFTER RESEARCHING INFORMATION PROVIDED BY THE DEFENDANT, WHO CONTINUED TO LIE DURING THE ENTIRE PROCESS, IT WAS DISCOVERED THAT THE DEFENDANT'S REAL NAME WAS MICHAEL DAVID MELE WITH A DATE OF BIRTH OF 102691 AND THAT PROBABLE CAUSE EXISTED FOR HIS ARREST IN REFERENCE TO CASE NUMBER 11-05-0898 IN REFERENCE TO VIOLATION OF PRETRIAL RELEASE CONDITIONS, AS WELL AS, TAMPERING AND REMOVAL OF A GLOBAL POSITIONING SERVICE (GPS) TRACKING DEVICE IN VIOLATION OF FLORIDA STATUTE. UPON DETERMINING THIS INFORMATION, DEPUTIES ON SCENE ATTEMPTED TO AFFECT THE ARREST OF THE DEFENDANT, WHO ATTEMPTED TO FLEE THE SCENE ON FOOT, BUT WAS immediately APPREHENDED AND SUBSEQUENTLY TASERED. HE WAS ALSO LATER CHARGED WITH VIOLATION OF PROBATION (VOP) UNDER NEW LAW VIOLATION SEE CASE NUMBER 11-05-0910 AND WAS ALSO CHARGED WITH NEW LAW VIOLATION OF RESISTING WITHOUT VIOLENCE SEE CASE NUMBER 11-05-0906. HE WAS LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF). WHILE EN ROUTE TO THE DETENTION FACILITY THE DEFENDANT WAS ADVISED HIS MIRANDA WARNING VIA PREPRINTED CARD. HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND CONTINUED SPEAKING WITH ME. HE ADVISED THAT HE DID IN FACT SLIP OFF HIS ANKLE MONITOR AND THAT HIS FAMILY WAS NOT AWARE THAT HE HAD LEFT HIS RESIDENCE. HE ALSO ADVISED THAT HE HAD LIED ABOUT HIS NAME, because HE KNEW HE WAS GOING TO JAIL. THE DEFENDANT WAS LATER TURNED OVER TO DETENTION STAFF FOR FURTHER PROCESSING. IN CAR VIDEO OF THE TRAFFIC STOP INCIDENT WAS TAKEN AND WILL BE PLACED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
