| Probable cause affidavit: |
SUBMITTED BY: LIOTTA, KATHLEEN 0417 (AR12-3384) KNOWINGLY AND UNLAWFULLY SOLICIT A PERSON UNDER THE AGE OF 16 (DATE OF BIRTH OF THE VICTIM: 031801) WHILE THE DEFENDANT WAS OVER THE AGE OF 18 (DEFENDANTâS DATE OF BIRTH 032676). THE DEFENDANT SOLICITED THE VICTIM TO COMMIT A LEWD AND LASCIVIOUS ACT TO WIT: HE ASKED THE VICTIM SEXUALLY EXPLICIT QUESTIONS AND THEN ASKED THE VICTIM IF HE COULD TOUCH HER BREASTS. HE ALSO ASKED THE VICTIM IF HE COULD TOUCH HER VAGINA, SEE HER VAGINA, HAVE HER TOUCH HIS PENIS AND ENCOURAGED HER TO HAVE SEXUAL INTERCOURSE WITH HIM. THIS IS IN VIOLATION OF F.S.S. 800.04 (6) (A) (2); AND KNOWINGLY AND UNLAWFULLY COMMIT LEWD AND LASCIVIOUS MOLESTATION OF THE ABOVE VICTIM ( DOB OF 031801) WHILE THE DEFENDANT IS OVER THE AGE OF 18 (DATE OF BIRTH 032676) TO WIT: GROPING/TOUCHING THE VICTIMâS BREAST AND SIMULATING SEXUAL INTERCOURSE BY RUBBING HIS PENIS UP AGAINST HER BACK AND BUTTOCKS. THIS IS A VIOLATION OF F.S.S 800.04 (5) (A) (C), AND DEFENDANT DID, IN VIOLATION OF FLORIDA STATE STATUTE 943.0435(4)(A), FAILED TO NOTIFY THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLE WITHIN 48 HOURS OF A CHANGE OF ADDRESS EITHER TEMPORARY OR PERMANENT AND OBTAIN A VALID IDENTIFICATION CARD OR DRIVER'S LICENSE WHICHEVER IS APPLICABLE. ON 103012, OUR AGENCY BECAME INVOLVED IN THE INVESTIGATION OF ALLEGATIONS BY AN 11 YEAR OLD FEMALE VICTIM. THE VICTIM REPORTED TO A FAMILY MEMBER THAT DURING THE 102712-102812 WEEKEND, THE DEFENDANT MADE SEXUALLY EXPLICIT COMMENTS TO HER AND ASKED HER IF HE COULD TOUCH HER BREASTS. THE VICTIM HAD LEFT HER HOME ON THE 27TH OF OCTOBER WITH A FEMALE (KNOWN) ACQUAINTANCE AROUND 1600 HRS. SHE WENT WITH THE KNOWN ACQUAINTANCE (ADULT FEMALE) AND THE ACQUAINTANCEâS MALE FRIEND (DEFENDANT) TO A LOCAL MOTEL. THE TRIO STAYED OVERNIGHT AT THE CITRUS COUNTY MOTEL. UPON HER RETURN HOME ON THE 28TH OF OCTOBER, THE VICTIM APPEARED WITHDRAWN AND FAMILY MEMBERS QUESTIONED HER. THE VICTIM EXPLAINED THAT ON 102712, SHE, THE ADULT FEMALE AND THE DEFENDANT ARRIVED AT THE CITRUS COUNTY HOTEL. AT SOME POINT DURING THE EVENING, THE FEMALE LEFT THE HOTEL ROOM AND LEFT THE 11 YEAR OLD VICTIM ALONE WITH 36 YEAR OLD DEFENDANT. DURING THIS TIME, THE DEFENDANT ASKED HER SEXUALLY EXPLICIT QUESTIONS AND TRIED TO TOUCH HER BREASTS. THE VICTIM SAID THAT HE ASKED IF HE COULD TOUCH HER BREASTS AND SHE TOLD HIM âNOâ. THE VICTIM WAS INTERVIEWED BY THE CHILD PROTECTION TEAM ON 110112. DURING THIS INTERVIEW, SHE CONFIRMED THE ABOVE INFORMATION, BUT DISCLOSED MORE DETAILS. SHE ADVISED THAT THE DEFENDANT ALSO ASKED HER IF HE COULD HAVE SEX WITH HER, ASKED HER IF HE COULD SEE AND TOUCH HER VAGINA, ASKED HER IF HE COULD LICK HER VAGINA, ASKED HER IF SHE WANTED TO SEE AND LATER TOUCH HIS PENIS. THE VICTIM ADVISED THAT SHE TOLD HIM NO TO EACH OF HIS QUESTIONS. SHE ADVISED THAT SHE WAS LYING ON ONE OF THE BEDS IN THE HOTEL ROOM AND HE CAME UP AND GOT ON THE BED, WRAPPING HIS BODY AROUND HER. SHE ADVISED THAT HE BEGAN RUBBING HIS BODY UP AND DOWN AGAINST HER BACK AND BUTTOCKS. SHE SAID THAT IT FELT LIKE HE WAS âHUMPING HERâ. SHE SAID THAT AT ONE POINT, SHE GOT UP TO USE THE RESTROOM. WHEN SHE CAME BACK AND DRANK FROM HER MOUNTAIN DEW, IT TASTED FUNNY. SHE INDICATED THAT THE DEFENDANT HAD BEEN DRINKING SHOTS OF AN ALCOHOLIC BEVERAGE WHILE IN THE ROOM. SHE SAID AFTER SIPPING THE DRINK, IT TASTED FUNNY. AFTER THIS OCCURRED, SHE LEFT THE HOTEL ROOM AND WALKED AROUND. AFTER A PERIOD OF TIME, SHE CAME BACK TO THE ROOM. THE DEFENDANT TOLD THE VICTIM NOT TO TELL ANYONE ABOUT WHAT HAD OCCURRED. SHE ADVISED THAT THE FEMALE ACQUAINTANCE CAME BACK TO THE ROOM AFTER BEING GONE APPROXIMATELY 2 HRS. THE VICTIM DID NOT TELL THE ADULT FEMALE WHAT HAD OCCURRED, BUT DID DISCLOSE TO A FAMILY MEMBER UPON HER RETURN BACK HOME. I CONDUCTED SOME RESEARCH WITH THE LIMITED INFORMATION THAT THE VICTIM HAD PROVIDED ON THE DEFENDANTâS FIRST AND LAST NAME. I LOCATED A SEXUAL PREDATOR WITH TIES TO HERNANDO COUNTY WITH THE SAME NAME. THROUGH OTHER RESEARCH, I WAS ABLE TO CONFIRM THAT THE SUSPECT IN THIS CASE WAS THIS SEXUAL PREDATOR. HE WAS LISTED AS A TRANSIENT SEXUAL PREDATOR AND WAS LAST CHECKED ON IN PERSON ON 102512 IN HERNANDO COUNTY. HE IS CURRENTLY WORKING AT A BUSINESS IN HOMOSASSA/CITRUS COUNTY. ON 110212 AT APPROXIMATELY 1605 HOURS, I MADE CONTACT WITH THE DEFENDANT AT A BUSINESS IN THE HOMOSASSA AREA. THE DEFENDANT WAS PLACED UNDER ARREST BY PATROL UNITS (HANDCUFFED AND DOUBLE LOCKED). I MADE CONTACT WITH THE DEFENDANT AND CONDUCTED AN INTERVIEW WITH HIM ABOUT THE LISTED ALLEGATIONS. HE ADMITTED TO BEING AT THE HOTEL WITH THE 11 YEAR OLD VICTIM. HE DENIED THAT ANYTHING SEXUAL HAPPENED BETWEEN HIM AND THE VICTIM. HE DENIED ANY SEXUAL CONVERSATION TOOK PLACE. HE ADMITTED TO BEING A VICTIM OF SEXUAL ABUSE WHEN HE WAS APPROX. 13 YEARS OF AGE. HE STATED THAT HE AVOIDS CONTACT WITH YOUNGER CHILDREN BECAUSE OF HIS PAST. I TOLD HIM THAT THE VICTIM PROVIDED SWORN TESTIMONY ABOUT THE SEXUALLY EXPLICIT QUESTIONS HE ASKED HER. HE STATED THAT THE VICTIM WANTED TO SEE HIS PENIS, PRESSED HER BREASTS AGAINST HIM AND WANTED TO HAVE SEX WITH HIM. HE ALSO STATED THAT THE VICTIM WANTED HIM TO TOUCH HER VAGINA. I READ THE DEFENDANT HIS MIRANDA RIGHTS AND HE AGREED TO CONTINUE TALKING WITH ME. POST MIRANDA, HE DENIED SOLICITING THE VICTIM AND STATED THAT SHE SOLICITED HIM FOR SEXUAL ACTIVITY. HE ADMITS TO BEING ALONE WITH THE VICTIM IN THE HOTEL ROOM FOR AT LEAST 2 HOURS. HE STATED THAT THE VICTIM WANTED TO âDRY HUMPâ HIM. HE DENIES ANY SEXUAL CONTACT WITH THE VICTIM AND PLACED THE BLAME ON THE SEXUAL QUESTIONS/SOLICITATION UPON THE 11 YEAR OLD VICTIM. HE DENIES GIVING THE VICTIM ANY ALCOHOLIC BEVERAGES. THE DEFENDANT ADMITS TO SLEEPING A FEW NIGHTS AT THE WAL-MART PARKING LOT IN OUR COUNTY. HE ALSO ADMITS TO SLEEPING AT THE VICTIMâS FEMALE ACQUAINTANCE FOR A FEW NIGHTS IN CITRUS COUNTY. (TWO NIGHTS) HE ADMITS THAT HE HAS NOT LIVED AT THE ADDRESS LISTED ON HIS DRIVERS LICENSE IN BROOKSVILLE FOR MONTHS. HE ALSO ADMITS THAT HE STAYED AT THE HOTEL THE NIGHT OF 102712 THROUGH 102812. PRIOR TO MY MEETING WITH THE DEFENDANT, I SPOKE WITH THE FEMALE ACQUAINTANCE WHO WAS AT THE MOTEL WITH THE DEFENDANT AND THE VICTIM. SHE PROVIDED SWORN TESTIMONY THAT THE DEFENDANT TOLD HER THAT SHE DESERVED TO GO OUT AND HAVE A GOOD TIME. HE TOLD HER THAT HE WANTED TO âBONDâ WITH THE VICTIM. THE FEMALE WITNESS TOLD ME THAT SHE LEFT THE HOTEL AROUND 2130 AND ARRIVED BACK AT 0100 HRS APPROXIMATELY. SHE CONFIRMED THAT THERE HAD BEEN EVIDENCE OF ALCOHOLIC BEVERAGE USE IN THE ROOM UPON HER RETURN. THE FEMALE WITNESS HAD NO KNOWLEDGE THAT THE DEFENDANT WAS A SEXUAL PREDATOR. THE DEFENDANT ADMITS THAT HE KEPT THIS INFORMATION FROM HER. UPON CONCLUSION OF THIS INTERVIEW, THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY JAIL. THE DEFENDANT WAS PLACED UNDER A $37,000.00 BOND. |
