| Probable cause affidavit: |
SUBMITTED BY: WILSON, EDWARD 0457 (AR10112831) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: A MAN'S GOLD WEDDING RING WITH DIAMONDS AND A LADIES RING WITH RUBY AND DIAMONDS, 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 STATE STATUTE 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: A MAN'S GOLD WEDDING RING WITH DIAMONDS AND A LADIES RING with RUBY AND DIAMONDS, the property of THE VICTIM, in violation of Florida STATE Statute 812.019. ON 011110, A SERIES OF VEHICLES WERE BROKEN INTO AND PROPERTY THEREIN STOLEN. ON 011310, I WAS ASSIGNED THE CASE. ON 011410, INFORMATION WAS RECEIVED THAT THE DEFENDANT, MR NATHAN CLEAVER, WAS ATTEMPTING TO SELL TWO RINGS AT WHALEN'S JEWELRY STORE. THE EMPLOYEE AT WHALEN'S JEWELRY NOTICED THAT ONE OF THE RINGS WAS THE SAME RING THAT A VICTIM OF THIS THEFT HAD COME IN THE PREVIOUS DAY TO ORDER A NEW RING. THE VICTIM STATED THAT THE RING WAS STOLEN FROM HIS VEHICLE AND HE HAD A PICTURE OF THE RING AND WANTED AN IDENTICAL ONE MADE. THE EMPLOYEE NOTICED THAT THIS RING THAT THE VICTIM HAD WANTED TO HAVE REPRODUCED WAS IDENTICAL TO THE RING THAT THE DEFENDANT HAD BROUGHT IN TO SELL. THE WHALEN'S JEWELRY EMPLOYEE STATED THAT THE DEFENDANT TOLD HER THAT THE RINGS WERE GIVEN TO HIM BY HIS GRANDMOTHER AND GRANDFATHER WHO LIVE IN OCALA. AFTER THE PRICE WAS GIVEN TO THE DEFENDANT BY THE WHALEN'S JEWELRY EMPLOYEE, HE THEN LEFT THE PREMISES STATING HE MAY BE BACK. AT THIS TIME, DEPUTY CULBERTSON MADE CONTACT WITH THE DEFENDANT AT THE MCDONALD'S PARKING LOT ON EAST MAIN STREET AND THEN NOTIFIED ME THAT HE HAD THE DEFENDANT THERE AND REQUESTED THAT I RESPOND. ONCE I ARRIVED AT THE SCENE, I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA CARD AND HE STATED HE DID WISH TO SPEAK TO ME ABOUT THIS MATTER. DEPUTY CULBERTSON STATED TO ME THAT THE DEFENDANT HAD SINCE CHANGED HIS STORY THAT THE RINGS BELONGED TO HIS GRANDFATHER AND GRANDMOTHER TO NOW STATING THAT HE FOUND THEM IN A PLASTIC BAG ON THE RAILS TO TRAILS CLOSE TO STATE ROAD 44 EAST. I THEN INTERVIEWED THE DEFENDANT WHO DENIED SAYING THAT THEY WERE THE GRANDFATHER'S and GRANDMOTHER'S BUT THAT HE DID FIND THEM. I THEN REQUESTED DEPUTY CULBERTSON TO BRING THE WHALEN'S JEWELRY EMPLOYEE TO MCDONALD'S TO DETERMINE IF SHE COULD POSITIVELY IDENTIFY THE DEFENDANT AS THE PERSON WHO ATTEMPTED TO SELL THE RINGS. UPON HER ARRIVAL, SHE DID POSITIVELY IDENTIFY THE DEFENDANT AS THE PERSON WHO BROUGHT THE TWO RINGS INTO HER STORE AND ATTEMPTED TO SELL THEM STATING THEY BELONGED TO HIS GRANDFATHER AND GRANDMOTHER AND THEY WANTED TO HELP HIM BUY HIS FIANCÉ AN ENGAGEMENT RING. SHE STATED THAT SHE GAVE A PRICE OF $130 WITH TRADE-IN OF THE RINGS AND THAT AT THAT TIME THE DEFENDANT EXITED THE STORE. I THEN HAD THE DEFENDANT PROVIDE A STATEMENT AND ON THIS STATEMENT HE SAID THAT HE WAS WALKING AND FOUND THE TWO RINGS IN A ZIPLOC SANDWICH BAG. AT THIS TIME, I PLACED THE DEFENDANT UNDER ARREST AND DEPUTY CULBERTSON TRANSPORTED HIM TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. AT THE DETENTION FACILITY, HE WAS CHARGED WITH ONE COUNT OF GRAND THEFT AND ONE COUNT OF DEALING IN STOLEN PROPERTY. IN ADDITION IN THIS CASE, HE COULD BE CHARGED WITH VIOLATION OF FLORIDA STATE STATUTE 705.102, WHICH INDICATES THE PROCEDURES THAT MUST BE FOLLOWED WHEN FINDING PROPERTY. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $7,000 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
