Probable cause affidavit: |
SUBMITTED BY: NEAL, GARRETT 0676 (AR11123981) THE DEFENDANT DID KNOWINGLY COMMIT A SCHEME TO DEFRAUD, IN WHICH HE CONDUCTED A SYSTEMATIC, ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE OR MORE PERSONS, OR WITH INTENT TO OBTAIN PROPERTY FROM ONE OR MORE PERSONS BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR PROMISES OR WILLFUL MISREPRESENTATIONS OF A FUTURE ACT, IN VIOLATION OF FLORIDA STATE STATUTE, 817.034(3)(4) ON 101811, THE DEFENDANT, NOEL MENDEZ, REPORTED THAT HIS 2004 TWENTY FOUR FOOT PRO-LINE SUPER SPORT BOAT, HULL NUMBER PLCSL020H506, WAS STOLEN FROM SUGARMILL WOODS STORAGE FACILITY LOCATED IN HOMOSASSA, FLORIDA, IN REFERENCE TO CASE 11100585. ON 121511, DURING A POST MIRANDA INTERVIEW WITH THE CO-DEFENDANT IN THIS CASE, THE CO-DEFENDANT ADVISED THAT HE AND THE DEFENDANT CONSPIRED TO STAGE A THEFT OF THE ABOVE MENTIONED BOAT AND ITS TRAILER WITH THE INTENTION TO DEFRAUD THE INSURANCE COMPANY AND FINANCE COMPANY FOR THE VALUE OF THE BOAT. AFTER THIS CONFESSION, THE CO-DEFENDANT WAS TRANSPORTED TO HIS PROPERTY AT 6605 NORTH MARYLOUISE POINT IN CRYSTAL RIVER, FLORIDA, WHERE HE SIGNED A PERMISSION TO SEARCH FORM. THE CO-DEFENDANT LED MYSELF AND OTHER DEPUTIES AROUND THE PROPERTY AND INSIDE THE HOME WHERE HE POINTED OUT DIFFERENT PARTS OF THE BOAT AND TRAILER THAT WERE LEFT THERE. THE CO-DEFENDANT ADVISED THAT AFTER THE ALLEGED THEFT, HE SPENT THREE DAYS CUTTING UP THE DEFENDANT'S BOAT AND BURNING IT ON HIS PROPERTY. DURING THE COURSE OF THE INVESTIGATION WITH THE CO-DEFENDANT, HIS STATEMENTS PROVED TO BE RELIABLE BY THE RECOVERY OF STOLEN ITEMS IN THIS CASE, OTHER CASES AND THROUGH THE STATEMENTS OF INDEPENDENT WITNESSES. ON 121611, CONTACT WAS MADE WITH THE DEFENDANT, MR NOEL MENDEZ, AT HIS RESIDENCE. AT THAT TIME THE DEFENDANT WAS READ HIS MIRANDA WARNINGS VIA PRE- PRINTED AGENCY CARD. THE DEFENDANT ADMITTED TO KNOWING THE CO-DEFENDANT AND STATED THAT HE HAD WORKED WITH THE CO-DEFENDANT IN THE PAST. THE DEFENDANT SAID HE HAD NO KNOWLEDGE OF THE CO-DEFENDANT'S ALLEGATIONS, BUT DID STATE THAT HIS WIFE KNEW NOTHING ABOUT WHAT HAD OCCURRED. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR SCHEME TO DEFRAUD, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. THE DEFENDANT'S BOND WAS SET AT $2,000.00 per the bond schedule. "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* |