| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, DALE 0276 (AR13-5688) (0650) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: EXERCISE GYM EQUIPMENT, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), 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(2)(C)(1). did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT, knew or should have known was stolen, to-wit: THE EXERCISE GYM EQUIPMENT, the property of THE VICTIM, in violation of Florida Statute 812.019(1). Any person who knowingly gives false verification of ownership or who gives a false or altered identification and who receives money or other consideration from a secondary metals recycler, in return for regulated metals, AND THE value of the money or other consideration received is less than $300.00 (AMOUNT RECEIVED $32.30), IN VIOLATION OF FLORIDA STATE STATUTE 538.23(3)(A). ON 051313 AT APPROXIMATELY 1330 HOURS, THIS DETECTIVE MADE CONTACT WITH THE VICTIM, MS JENNIFER MARCEL, WHO ADVISED THAT HER EX LIVE-IN BOYFRIEND/SUSPECT, MR MICHAEL JAYSON ROSE, HAD TAKEN HER EXERCISE EQUIPMENT WITHOUT HER PERMISSION. SHE FURTHER STATED THAT THE EXERCISE EQUIPMENT BELONGED TO HER AND HER EX-HUSBAND PRIOR TO THE SUSPECT EVER GETTING WITH HER. SHE ADVISED THAT ON OR ABOUT THE TIME OF 042513, HER SUSPECT, WAS SUPPOSED TO BE HELPING HER MOVE FROM 2380 SOUTH WHITIER POINT IN HOMOSASSA TO 1096 NORTHEAST 8TH AVENUE IN CRYSTAL RIVER. SHE ADVISED THE SUSPECT WENT TO HER PARENTâS RESIDENCE TO PICK UP A UTILITY TRAILER IN ORDER TO ASSIST WITH THE MOVE. SHE ADVISED THAT the SUSPECT TOLD HER THAT HE WAS GOING TO HAVE TO TAKE HIS BROTHER, MR JOSHUA ROSE, TO INVERNESS, FOR A JOB INTERVIEW AND HE WOULD THEN COME BACK TO ASSIST in the MOVE. SHE FURTHER ADVISED THEY MOVED ITEMS TO HER NEW ADDRESS IN CRYSTAL RIVER AND SHE DID NOT Think ANYTHING OF IT. SHE STATED SOMETIME AFTERWARDS SHE WENT OUT TO HER GARAGE TO REASSEMBLE THE GYM EQUIPMENT AND A LARGE PORTION OF THE SYSTEM WAS MISSING. SHE FURTHER ADVISED THAT SHE HAD STARTED LOOKING AROUND AFTER HAVING ISSUES WITH THE SUSPECT ALONG WITH HIM BEING ON DRUGS AND SHE DISCOVERED THAT APPROXIMATELY $50.00, IN CHANGE (QUARTERS) HAD BEEN TAKEN OUT OF HER TWO DAUGHTERSâ âPIGGY BANKSâ AND JUST PENNIES WERE LEFT. THIS DETECTIVE HAD MADE CONTACT WITH MS MARCEL IN REFERENCE TO ANOTHER CASE WHILE ATTEMPTING TO GATHER INFORMATION ON the SUSPECT. SHE HAD ADVISED THAT THE GYM EQUIPMENT WAS MISSING. THIS DETECTIVE CONDUCTED A FINDERS SEARCH AND discovered that THE DEFENDANT HAD SCRAPPED APPROXIMATELY 380 POUNDS OF STEEL, WHICH WOULD BE AN EQUIVALENT WEIGHT OF THE AMOUNT OF exercise EQUIPMENT that HAD BEEN TAKEN. THIS DETECTIVE PROCEEDED TO ENTER COUNTY RECYCLING, WHERE THE SUSPECT HAD SOLD THE EXERCISE EQUIPMENT FOR SCRAP. I THEN OBTAINED THE FLORIDA SECONDARY METALS RECYCLER PURCHASE TRANSACTION FORM. I OBSERVED THE SUSPECT HAD SIGNED THE TRANSACTION FORM AND GAVE HIS THUMBPRINT INDICATING that HE WAS THE OWNER OF THE EQUIPMENT. THIS DETECTIVE TOOK THE TRANSACTION FORM IN TO CITRUS COUNTY SHERIFFâS OFFICE EVIDENCE AND A PROPERTY RECEIPT WAS COMPLETED BY INTER COUNTY RECYCLING STAFF. THIS DETECTIVE HAD MADE CONTACT WITH THE VICTIM AND SHOWED HER A PICTURE THAT WAS ON the TRANSACTION FORM OF THE EXERCISE EQUIPMENT ON THE TRAILER THAT BELONGED TO HER FATHER. THE PICTURE INDICATED THAT the SUSPECTâS VEHICLE WAS PULLING THE TRAILER. THE VICTIM IDENTIFIED THE SUSPECTâS VEHICLE AND THE EXERCISE EQUIPMENT. I THEN INQUIRED FROM THE VICTIM IF SHE WISHED TO PURSUE CHARGES AGAINST the SUSPECT. SHE ADVISED THAT SHE DID. THE VICTIM COMPLETED AN OWNER VERIFICATION AFFIDAVIT STATING THAT SHE POSITIVE IDENTIFIED HER PROPERTY AS BEING THE PROPERTY THAT WAS TAKEN TO THE SCRAP YARD, BY LOOKING AT THE PICTURE, WHICH WAS LOCATED ON THE TRANSACTION FORM. ON 052013 AT APPROXIMATELY 1120 HOURS, THIS DETECTIVE MADE CONTACT WITH THE SUSPECT/DEFENDANT, MR MICHAEL JAYSON ROSE, AT HIS FATHERâS RESIDENCE LOCATED AT 7060 WEST SEDALIA COURT IN HOMOSASSA. I ADVISED THE DEFENDANT THAT HE WAS BEING PLACED UNDER ARREST FOR GRAND THEFT. HE WAS THEN HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING PROCESSING. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, THIS DETECTIVE CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH THE DEFENDANT. THE DEFENDANT WAS READ MIRANDA FROM A PRE-PRINTED MIRANDA CARD. HE STATED THAT HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH ME. THIS DETECTIVE INFORMED THE DEFENDANT OF MY INVESTIGATION. I ASKED HIM IF HE SCRAPPED AN EXERCISE MACHINE ON 042513 AND HE STATED THAT HE DID. HE ADVISED THAT THE EXERCISE EQUIPMENT WAS GIVEN TO HIM BY THE VICTIMâS EX-HUSBAND. THIS DETECTIVE HAD PREVIOUSLY SPOKEN WITH THE VICTIM AND ASKED HER IF THERE WAS ANY REASON FOR THE DEFENDANT TO BELIEVE THAT HE HAD A RIGHT TO THE EXERCISE EQUIPMENT. THE VICTIM ADAMANTLY STATED NO THAT THE EQUIPMENT BELONGED TO HER AND HER EX-HUSBAND AND THAT HER EX-HUSBAND LEFT THE EXERCISE EQUIPMENT FOR HER TO KEEP. THE DEFENDANT STATED IN THE INTERVIEW THAT THE VICTIMâS EX-HUSBAND, MR MARCEL, HAD SENT A TEXT MESSAGE TO HIM STATING THAT HE COULD HAVE EVERYTHING IN THE GARAGE AND THAT THE EXERCISE EQUIPMENT WAS PART OF THAT. I THEN ASKED HIM IF MR MARCEL TEXTED HIM DIRECTLY AND TOLD HIM THIS, HE STATED NO THAT THE TEXT MESSAGE WAS SENT TO THE VICTIMâS CELLULAR TELEPHONE. I THEN ASKED THE DEFENDANT IF MR MARCEL SENT THE TEXT TO HIM OR TO JENNIFER, HE ADVISED THAT IT WAS SENT TO HIM. THE DEFENDANT THEN REITERATED THAT MR MARCEL HAD STATED IN THE TEXT THAT âMIKEâ CAN HAVE ALL THAT IS IN THE GARAGE. I THEN ASKED THE DEFENDANT IF THE VICTIM KNEW THAT HE WAS TAKING THE EXERCISE EQUIPMENT TO THE SCRAP YARD, HE STATED NO. THE DEFENDANT CONTINUED TO BE ADAMANT THAT THE EQUIPMENT WAS NON WORKABLE AND THAT IT WAS HIS. THIS DETECTIVE ALSO ASKED THE DEFENDANT, WHAT HE HAD DONE WITH THE VICTIMâS COMPUTER. HE STATED THAT HE THREW IT AWAY AND THAT IT WAS âJUNKâ. THIS DETECTIVE CONCLUDED THE INTERVIEW WITH THE DEFENDANT. I THEN MADE CONTACT WITH THE VICTIM AGAIN VIA CELLULAR TELEPHONE. I AGAIN ASKED HER IF THERE WAS A TEXT SENT TO HER STATING THAT THE DEFENDANT COULD HAVE ALL THAT WAS IN THE GARAGE, SHE STATED NO. SHE ADVISED THAT MR MARCEL (HER EX-HUSBAND) HAD SENT HER THE TEXT AS THEY WERE SPEAKING OF DIVIDING THEIR ASSETS, STATING TO HER THAT SHE COULD KEEP ALL THAT WAS IN THE GARAGE. I THEN ASKED THE VICTIM, IF MR MARCEL WOULD BE WILLING TO COMPLETE A WRITTEN STATEMENT, STATING THAT HE NEVER GAVE THE DEFENDANT PERMISSION TO TAKE ANY OF THE ITEMS THAT THEY HAD IN THE GARAGE. SHE STATED THAT HE COULD, BUT HE WAS NOT GOING TO BE ABLE TO BE IN TOWN UNTIL 062813. THIS DETECTIVE WILL MAKE CONTACT WITH MR MARCEL AND HAVE HIM PROVIDE A SWORN WRITTEN STATEMENT, IN PRESENCE OF LAW ENFORCEMENT AND FAX THAT COPY TO THIS DETECTIVE. THIS DETECTIVE AGAIN CONFIRMED WITH THE VICTIM THAT HER COMPUTER HAD BEEN TAKEN WITHOUT HER PERMISSION AND THAT IT WAS IN WORKING ORDER. THE VICTIM ADAMANTLY STATED that THE COMPUTER WAS NOT âJUNKâ AND THAT IT WORKED. SHE WOULD LET HER CHILDREN (TWO JUVENILE FEMALES) WATCH SLIDE SHOWS ON THE COMPUTER. SHE STATED THAT THE DEFENDANT SHOULD NOT FEEL IN ANY WAY THAT THE PROPERTY BELONGED TO HIM. IT SHOULD BE NOTED IN THIS REPORT THAT THE VICTIM AND THE DEFENDANT HAVE NEVER BEEN MARRIED AND THAT THEIR RELATIONSHIP HAS BEEN ON AND OFF FOR AROUND THREE YEARS. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $17,000.00 FOR THE GRAND THEFT, DEALING IN STOLEN PROPERTY AND PROVIDING FALSE INFORMATION TO A METAL RECYCLER, PER THE BOND SCHEDULE. |
