| Probable cause affidavit: |
SUBMITTED BY: CHENOWETH, JACOB 0708 ((AR13-7545) DID UNLAWFULLY ENTER OR REMAIN IN A DWELLING, TO WIT: THE VICTIMâS RESIDENCE AT 1275 WEST CARDINAL STREET IN LECANTO, IN THE COUNTY OF CITRUS AND THE STATE OF FLORIDA, 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); AND DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: FRONT DOOR, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)1; AND DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF THE VICTIMâS, TO WIT: MOUNTAIN DEW BEVERAGE, BY CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(A). ON 100613, AT APPROXIMATELY 0509 HOURS, I WAS DISPATCHED TO 1275 WEST CARDINAL STREET IN LECANTO, IN REFERENCE TO A RESIDENTIAL BURGLARY, WHICH HAD JUST OCCURRED. WHILE EN ROUTE to the SCENE, DISPATCH ADVISED THE SUSPECTâS DESCRIPTION WAS A WHITE MALE, APPROXIMATELY 5â 3â IN HEIGHT, AVERAGE BUILD, WEARING NO SHIRT, NO SHOES AND HAD ON BOXERS WITH BLACK SHORTS THAT APPEARED TO BE FALLING OFF. WHILE EN ROUTE TO THE SCENE, I ADVISED OTHER RESPONDING UNITS TO SET UP A PERIMETER AT the FOLLOWING INTERSECTIONS; THE INTERSECTION OF SOUTH WOODY TERRACE AND WEST CARACAS LANE, THE INTERSECTION OF SOUTH WOODY TERRACE AND SOUTH CARDINAL STREET, THE INTERSECTION OF SOUTH GILBERT STREET AND WEST CARDINAL STREET, AND THE INTERSECTION OF WEST CARDINAL STREET and WEST LECANTO HIGHWAY. UPON MY ARRIVAL AT THE SCENE, I OBSERVED A MOBILE HOME WITH THE PROPERTY TO BE COMPLETELY FENCED and the FRONT GATE TO BE CLOSED. AT THE FRONT GATE I MADE CONTACT WITH ONE VICTIM, MS MARYANN BRENNAN, WHO ADVISED that SHE WAS SLEEPING IN HER BEDROOM, WHICH IS LOCATED AT the WEST MOST PORTION OF THE RESIDENCE WHEN SHE WAS WOKE UP TO SOMEONE USING HER BATHROOM. THE BATHROOM IS ADJACENT TO MARYANNâS BEDROOM TO THE EAST SHARING AN INTERIOR WALL. MARYANN THOUGHT THAT IT MIGHT BE HER GRANDSON/VICTIM, ZACHARY BRENNAN, BUT SHE THEN REALIZED THAT ZACHARY WAS IN HER BED ASLEEP. MARYANN THEN SAW A WHITE MALE WEARING ONLY BOXER SHORTS STANDING AT THE FRONT OF HER BED. THE SUSPECT THEN LEFT the ROOM AND WALKED DOWN THE HALLWAY HEADING WEST INTO THE KITCHEN OF THE RESIDENCE. MARYANN THEN WOKE UP ZACHARY AND TOLD HIM THERE IS A MAN inSIDE the HOUSE. ZACHARY ASKED HER IF SHE WAS DREAMING, TO WHICH SHE STATED, âNO.â MARYANN ADVISED ZACHARY SHE COULD HEAR THE SUSPECT IN the KITCHEN AREA OF THE RESIDENCE. ZACHARY THEN TOLD HER TO ACT LIKE SHE WAS SLEEPING. MARYANN ADVISED ZACHARY THEN GRABBED A SMALL KNIFE THAT WAS ON HER NIGHTSTAND AND WENT TO CONFRONT the SUSPECT. MARYANN ADVISED SHE THEN FOLLOWED ZACHARY TO THE KITCHEN AND OBSERVED THE SUSPECT PUT ON A PAIR OF BLACK SHORTS, AT which TIME THE SUSPECT THEN LEFT the RESIDENCE THROUGH the FRONT DOOR IN AN UNKNOWN DIRECTION OF TRAVEL. MARYANN ADVISED SHE HAS NEVER SEEN THE SUSPECT PRIOR TO THIS INCIDENT AND AT NO POINT DID HE EVER HAVE PERMISSION TO BE inSIDE the HOUSE. MARYANN COMPLETED A SWORN, WRITTEN STATEMENT, WHICH WILL BE TURNED INTO RECORDS. AT THAT TIME, SERGEANT CASOLA ADVISED HE MADE CONTACT WITH A WHITE MALE MATCHING THE SUSPECTâS DESCRIPTION AT THE INTERSECTION OF WEST CARDINAL STREET AND WEST LECANTO HIGHWAY. DEPUTY A FERGUSON ARRIVED TO ASSIST SERGEANT CASOLA. I THEN MADE CONTACT WITH ZACHARY BRENNAN, WHO ADVISED THAT HE WAS WOKEN UP BY HIS GRANDMOTHER TELLING HIM THAT THERE IS A MAN IN THE HOUSE AND WAS STANDING OVER THE BED. ZACHARY ASKED MARYANN IF SHE WAS DREAMING, TO WHICH SHE TOLD HIM NO. ZACHARY ADVISED HE HEARD THE SUSPECT WALKING BACK TOWARDS THE BEDROOM, AT which TIME HE TOLD MARYANN TO ACT LIKE SHE WAS ASLEEP. ZACHARY ADVISED HE GOT UP OUT OF BED, GRABBED A KNIFE FROM THE NIGHTSTAND, EXITED THE BEDROOM, AND WENT TO CONFRONT THE SUSPECT. ZACHARY ADVISED WHEN THE SUSPECT SAW THE KNIFE IN ZACHARYâS HAND HE COMPLIED. ZACHARY ASKED THE SUSPECT, âWHO ARE YOU?â AND âWHY ARE YOU in the HOUSE?â THE SUSPECT TOLD ZACKARY SOMEONE AT THE OTHER END OF THE STREET TOLD HIM LONNIE WAS HERE AND SAID HIS NAME WAS DEVIN AND HE CAME TO LOOK FOR LONNIE. ZACHARY TOLD THE SUSPECT TO GET OUT OF THE HOUSE, AT WHICH TIME THE SUSPECT PICKED UP HIS BLACK SHORTS, PUT THEM ON, AND LEFT the RESIDENCE THROUGH THE FRONT DOOR. ZACHARY ADVISED NO ONE IN HOUSE KNOWS OR HAD EVEN SEEN THE SUSPECT PRIOR TO THIS INCIDENT, AND AT NO POINT IN TIME DID THE SUSPECT HAVE PERMISSION TO ENTER the HOUSE. ZACHARY COMPLETED A SWORN, WRITTEN STATEMENT, WHICH WILL BE TURNED INTO RECORDS. I THEN TRANSPORTED ZACHARY IN MY PATROL VEHICLE TO THE INTERSECTION OF WEST CARDINAL STREET AND SOUTH LECANTO HIGHWAY. ZACHARY REMAINED IN THE REAR SEAT OF THE PATROL VEHICLE AT ALL TIMES. ZACHARY WAS ABLE TO POSITIVELY IDENTIFY THE MAN AS THE SUSPECT THAT WAS INSIDE HIS HOUSE. I THEN TRANSPORTED ZACHARY BACK TO THE RESIDENCE. I THEN made CONTACT WITH VICTIMS, MR TIMOTHY BRENNAN AND MS MYRNA SILVA-BRANNAN, WHO ALSO RESIDE AT THE HOUSE. THEY BOTH ADVISED THEY WERE SLEEPING IN ANOTHER PART OF THE HOUSE AND DID NOT OBSERVE THE INCIDENT. DEPUTY FERGUSON INTERVIEWED THE SUSPECT, WHO WAS NOW IDENTIFIED AS DEFENDANT MR MIKHAIL ZINGER. SEE DEPUTY FERGUSONâS SUPPLEMENT FOR FURTHER DETAILS. I THEN INSPECTED THE FRONT DOOR OF THE RESIDENCE, WHICH IS LOCATED ON THE SOUTH SIDE OF THE RESIDENCE FACING EAST. I OBSERVED THE SCREEN TO BE PULLED AND TORN FROM THE SCREWS that WAS HOLDING the SCREEN OVER THE WINDOW OF THE DOOR. I ASKED MARYANN IF THAT WAS PRIOR DAMAGE, TO WHICH SHE ADVISED NO, THAT WAS JUST PUT ON TWO DAY S PRIOR. MARYANN ALSO ADVISED SHE IS CERTAIN SHE LOCKED ALL DOORS PRIOR TO GOING TO BED. I THEN REQUESTED A CRIME SCENE TECHNICIAN (CST) TO RESPOND IN REFERENCE TO TAKING PHOTOGRAPHS AND PROCESSING THE SCENE. SERGEANT CASOLA ARRIVED AT INCIDENT LOCATION AND ADVISED THE SUSPECT HAD IN HIS POSSESSION A WAL-MART RECEIPT STATING ON TODAYâS DATE WITH CHECKOUT TIME OF 0053 HOURS FROM THE LOCATION OF 6885 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA. THE ITEMS PRINTED ON THE RECEIPT WAS AN AQUAFINA BEVERAGE, A LIPTON BEVERAGE, AND AN UNKNOWN ITEM WITH A SQU NUMBER OF 7756726835. UPON OBSERVING THE AREA AROUND THE HOUSE I LOCATED A PLASTIC WAL-MART BAG TO THE SOUTH OF THE HOUSE ALONG WEST CARDINAL STREET AT THE CORNER OF THE VICTIMâS PROPERTY, WHICH CONTAINED A LIPTON BEVERAGE, AN AQUAFINA BEVERAGE, AND A BOX OF FRUITTEARS WITH A SQU NUMBER OF 7756726835. THIS SQU NUMBER MATCHED THE ONE LISTED ON RECEIPT FOUND IN THE DEFENDANTâS WALLET. SERGEANT CASOLA ALSO ADVISED THE DEFENDANT STATED THAT HE HAD LEFT his SHORTS AND SHIRT INSIDE THE RESIDENCE AND HAD CONSUMED some OF THE VICTIMâS MOUNTAIN DEW BEVERAGE. CST INVESTIGATOR PATE ARRIVED ON SCENE AND UPON ENTERING THE RESIDENCE TO THE FRONT DOOR, WHICH LEADS INTO AN ENCLOSED PORCH AREA, I OBSERVED A RECLINER CHAIR TO BE AGAINST THE SOUTH MOST WALL FACING EAST AND A GRAY IN COLOR SHIRT TO BE ON THE LEFT ARMREST. ZACHARY ADVISED THE SHIRT DID NOT BELONG TO ANYONE AT THE RESIDENCE. I PROCEEDED NORTH THROUGH ANOTHER DOOR which LEADS INTO THE LIVING ROOM OF THE RESIDENCE. DIRECTLY TO THE WEST IS THE KITCHEN. ZACHARY ADVISED BOTH MOUNTAIN DEW CANS DID NOT BELONG ON the KITCHEN COUNTER BECAUSE THEY PLACE ALL CANS IN THE BAG TO BE RECYCLED. ZACHARY ALSO ADVISED the two LITER BOTTLE OF MOUNTAIN DEW which WAS LOCATED NEXT TO THE MOUNTAIN DEW CANS DID NOT BELONG ON THE COUNTER. HE ADVISED THEY KEEP ALL SODAS ON THE FLOOR ON THE OPPOSITE SIDE OF the KITCHEN. I RESPONDED WEST DOWN THE HALLWAY INTO THE BATHROOM ON the SOUTH SIDE OF THE HALLWAY. ZACHARY ADVISED HE DID NOT SEE ANYTHING OUT OF ORDER. I THEN HEADED WEST TO MARYANNâS BEDROOM and UPON ENTERING the DOOR I NOTICED MARYANNâS BED TO BE IN THE SOUTHEAST CORNER OF THE ROOM FACING NORTH. I DID OBSERVE THE NIGHTSTAND DIRECTLY TO THE WEST OF THE BED WHERE ZACHARY HAD GRABBED THE KNIFE FROM. I THEN ASKED ZACHARY WHERE THE KNIFE WAS THAT HE GRABBED WHEN HE CONFRONTED the SUSPECT. HE ADVISED HE HAD PLACED IT ON the END TABLE IN THE LIVING ROOM. I THEN OBSERVED THE KNIFE WITH HAND GRIP STYLE HANDLE AND AN APPROXIMATE BLADE LENGTH OF THREE INCHES. UPON CONDUCTING FURTHER SEARCH OF THE HOUSE AND THE IMMEDIATE AREA, I WAS NOT ABLE TO LOCATE THE DEFENDANTâS SHOES. I THEN MADE CONTACT with ALL RESIDENTS OF THE HOUSE, WHO ADVISED THAT OF THEM HAD PLACED THE MOUNTAIN DEW CANS ON THE COUNTER OR MOVED THE TWO LITER MOUNTAIN DEW BOTTLE FROM THE FLOOR TO THE COUNTER. I STOOD BY WITH CST PAT WHILE SHE PHOTOGRAPHED AND PROCESSED THE SCENE. CST PATE COLLECTED BOTH MOUNTAIN DEW CANS AND THE TWO LITER MOUNTAIN DEW BOTTLE FOR FURTHER PROCESSING. SHE ALSO COLLECTED THE PLASTIC WAL-MART BAG which CONTAINED THE ABOVE STATED ITEMS. SEE CST PATEâS SUPPLEMENT FOR FURTHER DETAILS. I COLLECTED THE WAL-MART RECEIPT WHICH WAS PROVIDED TO THIS DEPUTY BY SERGEANT CASOLA. THE RECEIPT WAS PACKAGED AND TURNED INTO EVIDENCE. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR RESIDENTIAL BURGLARY, OCCUPIED, VANDALISM AND PETIT THEFT. DEPUTY FERGUSON TRANSPORTED the DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. I ADVISED ALL VICTIMS IF THEY WERE ABLE TO OBSERVE ANY ITEMS TO BE MISSING OR OUT OF PLACE OR WAS ABLE TO LOCATE THE DEFENDANTâS SHOES TO NOT TOUCH THESE ITEMS AND TO CONTACT THIS AGENCY IMMEDIATELY. I PROVIDED THE VICTIMS with AN AGENCY CASE CARD FOR FUTURE REFERENCE. I THEN RESPONDED TO THE CITRUS COUNTY DETENTION FACILITY WHERE the DEFENDANTâS TOTAL BOND WAS SET AT $15,500.00. THE DEFENDANT WAS TURNED OVER TO JAIL STAFF. AFFIANT HAD NO PRIOR knowledge. |
