| Probable cause affidavit: |
SUBMITTED BY: CRUZ, ABNER 0517 (AR11120015) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A 10/4 BUNK CABLE OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS ($20,000.00), 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; AND did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: A 10/4 BUNK CABLE, the property of THE VICTIM, in violation of Florida Statute 812.019(1); AND DID KNOWINGLY AND UNLAWFULLY GIVE FALSE INFORMATION OF OWNERSHIP OF A 10/4 BUNK CABLE, AND RECEIVED MONEY IN THE AMOUNT OF $80.50 FROM A METAL RECYCLER FOR THE AIR CONDITIONING COMPRESSOR, WITH THE VALUE BEING LESS THAN $300.00, IN VIOLATION OF: FLORIDA STATE STATUTE 538.23(3)(A) ON 033011, WHILE CONDUCTING AN INVESTIGATION ON TAURUS METAL RECYCLING LOCATED AT 7410 SOUTH BEDFORD ROAD IN FLORAL CITY, I OBSERVED AN APPROXIMATELY 1989 BLACK HONDA ACCORD ENTER THE PREMISES DRIVING BY A WHITE MALE SUSPECT LATER IDENTIFIED AS MR TODD NEPH AND A BLACK MALE IN THE PASSENGER SEAT LATER IDENTIFIED AS MR PHILLIP PRITCHETT (DEFENDANT). I OBSERVED MR PRITCHETT OPEN THE TRUNK AND BEGAN PULLING OUT A BLACK CABLE THAT APPEARED TO BE APPROXIMATELY 200 FEET LONG AND FOR THE CABLE TO APPEAR FAIRLY NEW. AT THAT TIME, I APPROACHED THE FRONT DESK OF THE BUSINESS TO MAKE CONTACT WITH BOTH SUBJECTS. CONTACT WAS MADE WITH MR PRITCHETT AND MR NEPH AND I REQUESTED IDENTIFICATION FROM BOTH OF THEM, WHICH THEY PROVIDED. I RAN BOTH SUBJECTS THROUGH TELETYPE FOR ANY WARRANTS. WHILE WAITING FOR A RESPONSE FROM TELETYPE, I ENGAGED IN A CONVERSATION WITH MR PRITCHETT. I ASKED WHERE THEY WORKED AND HE STATED AT THE FAIR. HE ALSO STATED THAT THEY WERE REFERRED TO AS CARNIES. I THEN ASKED WHERE THE FAIR WAS COMING FROM, REFERRING TO THE LAST PLACE THEY HAD WORKED, TO WHICH HE STATED SARASOTA. I THEN ASKED ABOUT THE CABLE THAT THEY SOLD. HE STATED HE FOUND THE CABLE ON THE SIDE OF THE ROAD IN SARASOTA PRIOR TO COMING TO CITRUS COUNTY. I RECOGNIZED THE CABLE AS MATCHING THE ONES I HAVE SEEN USED AT THE FAIR TO CONNECT ELECTRICITY TO THE BOOTH. THE AMOUNT OF CABLE ALONG WITH THE FAIRLY NEW CONDITION PROVIDED ME WITH REASONABLE SUSPICIONS THAT THE STORY THE DEFENDANT WAS PROVIDING ME WAS FALSE. I QUESTIONED THE DEFENDANT A SECOND TIME WHERE HE CHANGED HIS STATEMENT AND ADVISED THE GUY WHO HE WORKED FOR AT THE FAIR OWED HIM MONEY SO THEY GAVE HIM THE CABLE ON PAYMENT FOR THE DEBT HE WAS OWED. HE THEN CHANGED HIS STORY ONCE AGAIN AND ADVISED THAT IT WAS A FEMALE WHO OWED HIM THE MONEY. IN THE MIDDLE OF THE CONVERSATION I RECEIVED CONFIRMATION FROM TELETYPE THAT MR NEPH HAD A WARRANT FROM PASCO COUNTY FOR VIOLATION OF PROBATION. I THEN MADE CONTACT WITH MR ZACHARY PANACEK WHO IS THE EQUIPMENT MANAGER FOR MIDWAY FAIRGROUNDS. I INFORMED HIM THAT SEVERAL OF HIS EMPLOYEES WERE ATTEMPTING TO SELL AN ELECTRICAL CABLE THAT COULD POSSIBLY BE STOLEN FROM HIS COMPANY. I REQUESTED HIM TO RESPOND TO MY LOCATION IN AN ATTEMPT TO IDENTIFY THE PROPERTY. MR PANACEK RESPONDED TO TAURUS METAL RECYCLING AND IDENTIFIED THE CABLE AS BEING A 10/4 BUNK CABLE USED TO CONNECT ELECTRICITY TO THEIR HOUSING UNITS. MR PANACEK FURTHER ADVISED THAT HE HAD BEEN MISSING THE 10/4 BUNK CABLE SINCE THEY LEFT SARASOTA, WHICH MATCHED THE STATEMENT THAT DEFENDANT PRITCHETT HAD PROVIDED EARLIER REGARDING WHERE HE HAD ACQUIRED THE CABLE. MR PANACEK FURTHER IDENTIFIED THE CABLE BY DESCRIBING A SET OF TWO GREEN, TWO WHITE, TWO BLACK, AND TWO RED CONNECTORS THAT WERE CUT FROM THE ENDS OF THE CABLE. THESE CONNECTORS WERE LOCATED IN THE TRUNK OF THE SUSPECT'S VEHICLE. DEPUTY CALLAHAN ARRIVED ON SCENE AND PHOTOGRAPHED THE STOLEN PROPERTY. THE CABLES WERE RETURNED TO THE VICTIM ALONG WITH A PROPERTY RECEIPT. THE SUSPECT HAD RECEIVED $80.50 FROM TAURUS RECYCLING FOR THE CABLES. THIS MONEY WAS COUNTED AND RETURNED TO THE OWNERS OF TAURUS RECYCLING ALONG WITH A PROPERTY RECEIPT. ALL RECORDS AND STATEMENTS WERE SUBMITTED TO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. THE VICTIM COMPLETED A SWORN WRITTEN STATEMENT AND VALUED THE CABLE AT APPROXIMATELY $480.00 AND THE CONNECTORS AT ABOUT $240.00. THE DEFENDANT WAS PLACED UNDER ARREST FOR THEFT, DEALING IN STOLEN PROPERTY, AND PROVIDING FALSE INFORMATION TO A METAL RECYCLING FACILITY. HE WAS HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY LAMBERT. "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* |
