| Probable cause affidavit: |
SUBMITTED BY: MCINTYRE, HAROLD JAMES 0128 (AR15-13504) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: 9955 SOUTH APPALOOSA AVENUE, LOCATED AT FLORAL CITY, CITRUS COUNTY, FLORIDA, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MR CLARENCE GREEN, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(4); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: SEVERAL PORCELAIN ROOSTERS AND SEVERAL BAGS OF CANNED FOOD, OF THE VALUE OF $100.00 OR LESS, 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(3)(A). ON 011315, A BURGLARY IN PROGRESS TO A RESIDENCE WAS REPORTED AT 9955 SOUTH APPALOOSA AVENUE IN FLORAL CITY. I RESPONDED TO THE AFOREMENTIONED ADDRESS, WHERE CONTACT WAS MADE WITH DEPUTY CUTLIP OF THE CITRUS COUNTY SHERIFF'S OFFICE. DEPUTY CUTLIP ADVISED THAT UPON HIS ARRIVAL, THE DEFENDANT, MR RAUL M GARCIA, AND TWO OTHER INDIVIDUALS WERE LOCATED IN A TRUCK AT THE VICTIM'S VACANT RESIDENCE. THE VICTIM, MR CLARENCE GREEN IS ELDERLY AND CURRENTLY RESIDES IN AN ASSISTED LIVING FACILITY. CONTACT WAS MADE WITH WITNESS/NEIGHBOR, MS LINDA HURLEY. DURING A DIGITALLY RECORDED STATEMENT, MS HURLEY ADVISED THAT SHE WITNESSED THE DEFENDANT, MR RAUL M GARCIA, AND ANOTHER HISPANIC MALE KNOWN TO HER AS ââPAULââ ENTER AND EXIT THE VICTIM'S RESIDENCE THROUGH A BACK DOOR SEVERAL TIMES, WHILE REMOVING PROPERTY. MS HURLEY ADVISED THAT SHE KNEW THAT THE VICTIM WAS NOT HOME AND NO ONE SHOULD BE AT THE RESIDENCE. MS HURLEY ADVISED THAT SHE CALLED THE VICTIM'S DAUGHTER IN LAW, MS DENISE GREEN, WHO CONFIRMED THAT NO ONE SHOULD BE INSIDE THE RESIDENCE. MS GREEN CONTACTED THE VICTIM, WHO CONFIRMED THAT HE HAD NOT GIVEN ANYONE PERMISSION TO BE INSIDE HIS RESIDENCE. MS HURLEY ADVISED THAT THE TWO HISPANIC MALES CARRIED BAGS OF STUFF FROM THE RESIDENCE AND MADE SEVERAL TRIPS TO A PURPLE PICK UP TRUCK IN THE DRIVEWAY AND THE DEFENDANTâS CAMPER LOCATED ON THE SAME PROPERTY. MS HURLEY POSITIVELY IDENTIFIED THE DEFENDANT AS MR RAUL GARCIA AND KNEW THE OTHER HISPANIC MALE AS PAUL. CONTACT WAS THEN MADE WITH MS DENISE GREEN. DURING A DIGITALLY RECORDED STATEMENT, MS GREEN ADVISED THAT AFTER RECEIVING A CALL FROM MS HURLEY SHE CONTACTED THE VICTIM VIA TELEPHONE AND CONFIRMED THAT HE HAD NOT GIVEN PERMISSION TO THE DEFENDANT OR ANYONE ELSE TO ENTER HIS RESIDENCE AND REMOVE PROPERTY. CONTACT WAS THEN MADE WITH WITNESS, MS DIANA VAZQUEZ. DURING A DIGITALLY RECORDED STATEMENT, MS VAZQUEZ ADVISED THAT SHE AND PAUL RESPONDED TO 9955 SOUTH APPALOOSA AVENUE IN HOPES OF RECRUITING THE DEFENDANT TO ASSIST WITH CONSTRUCTING A NEW FENCE AT THEIR RESIDENCE. MS VAZQUEZ ADVISED THAT THE DEFENDANT OWED HER MONEY AND WANTED TO GIVE HER SEVERAL PORCELAIN ROOSTERS AS PAYMENT. MS VAZQUEZ ADVISED THAT SHE WITNESSED THE DEFENDANT ENTER THE VICTIM'S RESIDENCE THROUGH AN UNSECURED REAR DOOR AND REMOVE THE PROPERTY FROM WITHIN. MS VAZQUEZ CONTINUED TO ADVISE THAT SHE DID NOT KNOW THAT THE DEFENDANT DID NOT HAVE PERMISSION TO BE INSIDE THE VICTIM'S RESIDENCE, BECAUSE HE LIVES ON THE PROPERTY IN A CAMPER TRAILER AND IS THE VICTIM'S GROUNDS KEEPER. CONTACT WAS MADE WITH THE DEFENDANT AT THE CITRUS COUNTY SHERIFF'S OFFICE BOOKING AREA, WHERE THE DEFENDANT WAS RELOCATED TO AN INTERVIEW ROOM WITHIN THE FACILITY. WITH CCA OFFICER GARY GONZALEZ PRESENT AS A TRANSLATOR, A POST MIRANDA DIGITALLY RECORDED INTERVIEW WAS CONDUCTED WITH THE DEFENDANT. DURING THIS INTERVIEW, THE DEFENDANT CONFESSED TO ENTERING THE VICTIM'S RESIDENCE THROUGH AN UNSECURED DOOR, BUT ADVISED THAT MS VAZQUEZ AND HER BOYFRIEND, MR RAUL MENDEZ, ALSO ENTERED THE RESIDENCE WITH HIM. THE DEFENDANT ADVISED THAT THEY WERE THE ONES THAT TOOK THE PORCELAIN ROOSTERS FROM THE RESIDENCE AND HE TOOK SEVERAL BAGS OF EXPIRED CAN FOOD, BECAUSE THE VICTIM'S FAMILY WAS GOING TO THROW IT AWAY ANYWAY. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF BURGLARY TO AN UNOCCUPIED STRUCTURE AND ONE COUNT OF PETIT THEFT UNDER $100.00, FOR A TOTAL BOND AMOUNT OF $5,500.00, PER THE BOND SCHEDULE. |
