| Probable cause affidavit: |
SUBMITTED BY: STOKES, ERIC 0736 (AR12-3292) DID SHOOT INTO OR THROW DEADLY MISSILES INTO DWELLINGS, PUBLIC OR PRIVATE BUILDINGS, OCCUPIED OR UNOCCUPIED; VESSELS, AIRCRAFT, BUSES, RAILROAD CARS, STREET CARS, OR OTHER VEHICLES IN VIOLATION OF FLORIDA STATE STATUTE 790.19. DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF CRYSTAL RIVER KAYAK, LOCATED AT 1420 SE HIGHWAY 19, CRYSTAL RIVER, TO-WIT: A GLASS WINDOW SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF CITY ELECTRIC, LOCATED AT 731 NE 5TH STREET, CRYSTAL RIVER, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF ARBYâS RESTAURANT, LOCATED AT 490 NORTH SUNCOAST BOULEVARD, CRYSTAL RIVER, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE OWNER OF AN ABANDONED MAROON BUILDING, LOCATED AT 2420 SOUTH SUNCOAST BOULEVARD, CRYSTAL RIVER, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF CHILIâS RESTAURANT, LOCATED AT 2081 SOUTH SUNCOAST BOULEVARD, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF LOVE MOTORSPORTS, LOCATED AT 2081 SOUTH SUNCOAST BOULEVARD, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE OWNER OF A SILVER DODGE VAN, PARKED AT 228 NE 3RD STREET, CRYSTAL RIVER, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE OAR HOUSE RESTAURANT AND BAR, LOCATED AT 2584 NW HIGHWAY 19, CRYSTAL RIVER, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE OWNER OF A VEHICLE LOCATED AT 2096 S STONEBROOK DRIVE, CRYSTAL RIVER,, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF APEX OFFICE SUPPLIES, LOCATED AT 719 WEST MAIN STREET, INVERNESS, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE ROWING ORGANIZATION OF CITRUS COUNTY, LOCATED AT 218 NORTH APOPKA AVENUE, INVERNESS, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF BOBâS CAR CARE, LOCATED AT 2604 WEST GULF TO LAKE HWY, INVERNESS, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF TADPOLEâS EARLY LEARNING CENTER, LOCATED AT 212 NORTH APOPKA AVENUE, INVERNESS, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF VENERO AND SON APPLIANCES, LOCATED AT 809 WEST MAIN STREET, INVERNESS, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF FRANKIEâS BAR AND GRILL, LOCATED AT 1674 NORTH US HIGHWAY 41, INVERNESS, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF PAPA JOHNâS PIZZA, LOCATED AT 2617 WEST GULF TO LAKE HIGHWAY, INVERNESS, TO-WIT: A GLASS WINDOW, SAID DAMAGE BEING OF A VALUE OF $300.00 OR MORE, BUT LESS THAN $1,000.00, IN VIOLATION OF FLORIDA STATUTE 806.13(1)(B)(2). ON 102612, IT WAS REPORTED TO THE CITRUS COUNTY SHERIFFâS OFFICE THAT MULTIPLE BUSINESSES WITHIN CITRUS COUNTY HAD BEEN VANDALIZED, AND THEIR WINDOWS HAD BEEN BROKEN THE PREVIOUS EVENING. ALSO REPORTED WERE SEVERAL VEHICLES THAT HAD WINDOWS DAMAGED. DURING THE INVESTIGATION IT WAS LEARNED THAT THE SUSPECTS USED GLASS MARBLES AND SOME TYPE OF MECHANISM TO PROJECT THE MARBLES AT A VELOCITY HIGH ENOUGH TO BREAK THE GLASS TO THE BUSINESSES AND VEHICLES. THESE GLASS MARBLES WERE LOCATED AND COLLECTED FROM NUMEROUS INCIDENT LOCATIONS. FURTHER INTO THE INVESTIGATION, IT WAS LEARNED THAT TWO SUBJECTS, LATER IDENTIFIED AS THE DEFENDANTS, HAD PURCHASED A LARGE QUANTITY MARBLES FROM THE WAL-MART SHOPPING CENTER IN HOMOSASSA. VIDEO EVIDENCE OF THE SUBJECTS AS WELL AS THEIR VEHICLE WAS COLLECTED, AND A BOLO WAS ISSUED TO THE AGENCY WITH PICTURES OF THEM AND THE VEHICLE. THE FOLLOWING LOCATIONS REPORTED DAMAGE FROM THE MARBLES, AND IS FURTHER DOCUMENTED IN CASE 2012-189234: CRYSTAL RIVER KAYAK, LOCATED AT 1420 SE HIGHWAY 19, CRYSTAL RIVER. ($300-$500 DAMAGE) CITY ELECTRIC, LOCATED AT 731 NE 5TH STREET, CRYSTAL RIVER. ($300-$500 DAMAGE) ARBYâS RESTAURANT, LOCATED AT 490 NORTH SUNCOAST BOULEVARD, CRYSTAL RIVER. ($300-500 DAMAGE) ABANDONED MAROON BUILDING, LOCATED ACROSS FROM THE TOYOTA DEALERSHIP LOCATED AT 2420 SOUTH SUNCOAST BOULEVARD, HOMOSASSA. ($300-500 DAMAGE) CHILIâS RESTAURANT, LOCATED AT 140 NORTH SUNCOAST BOULEVARD, CRYSTAL RIVER. ($300-500 DAMAGE) LOVE MOTORSPORTS, LOCATED AT 2081 SOUTH SUNCOAST BOULEVARD, HOMOSASSA. ($300-500 DAMAGE) SILVER DODGE VAN PARKED AT 228 NE 3RD STREET, CRYSTAL RIVER. ($300-500 DAMAGE) OAR HOUSE RESTAURANT AND BAR, LOCATED AT 2584 NW HIGHWAY 19, CRYSTAL RIVER. ($300-500 DAMAGE) VEHICLE LOCATED AT 2096 SOUTH STONEBROOK DRIVE, CRYSTAL RIVER. ($300-500 DAMAGE) APEX OFFICE SUPPLIES, LOCATED AT 719 WEST MAIN STREET, INVERNESS. ($300-500 DAMAGE) ROWING ORGANIZATION OF CITRUS COUNTY, LOCATED AT 218 N APOPKA AVENUE, INVERNESS. ($300-500 DAMAGE) BOBâS CAR CARE, LOCATED AT 2604 W GULF TO LAKE HIGHWAY, INVERNESS. ($300-500 DAMAGE) TADPOLEâS EARLY LEARNING CENTER AND DAY CARE LOCATED AT 212 NORTH APOPKA AVENUE, INVERNESS. ($300-500 DAMAGE) VENERO AND SON APPLIANCES, LOCATED AT 809 WEST MAIN STREET, IN INVERNESS. (APPROXIMATELY $800 DAMAGE) FRANKIEâS BAR AND GRILL, LOCATED AT 1674 NORTH US HIGHWAY 41 IN INVERNESS. ($300-500 DAMAGE) PAPA JOHNâS PIZZA, LOCATED AT 2617 WEST GULF TO LAKE HIGHWAY IN INVERNESS. ($300-500 DAMAGE) AT THE TIME OF THIS AFFIDAVIT, THE ABOVE LOCATIONS HAVE BEEN VERIFIED BY THIS AFFIANT TO HAVE SUSTAINED DAMAGE; HOWEVER, ADDITIONAL LOCATIONS ARE PROBABLE. ALL OF THE DAMAGE AT THESE LOCATIONS WAS THE RESULT OF THE DEFENDANTS SHOOTING THE MARBLES AT THE GLASS WINDOWS. THE DAMAGE AMOUNTS ARE ESTIMATES ONLY. ON 10262012, I WAS DISPATCHED TO THE AREA OF SANDBURG DRIVE, IN HOMOSASSA, IN REFERENCE TO THIS INVESTIGATION. K9 DEPUTY HRYC (0701) WAS ALREADY ON SCENE, AND HAD ADVISED THAT HE OBSERVED A GREEN FORD EXPLORER, WHICH MATCHED THE DESCRIPTION AND PICTURE THAT WAS SENT OUT IN AN AGENCY ISSUED BOLO FOR THE SUSPECT VEHICLE. HE ALSO ADVISED THAT LOCATED IN THE BACK ROW OF THE EXPLORER WAS A PAPER SALES TAG FOR MARBLES. WHEN I ARRIVED ON SCENE, I MADE CONTACT WITH DEFENDANT MR RICHARD D COOK, WHO I RECOGNIZED TO MATCH THE SUSPECT DESCRIPTION AND PHOTOGRAPH WHICH HAD BEEN INCLUDED IN THE BEFORE STATED BOLO. UPON ASKING DEFENDANT COOK IF HE WAS DRIVING THE FORD EXPLORER LAST NIGHT, HE ADVISED THAT HE WAS, I THEN ASKED IF HE HAD ANYONE WITH HIM IN THE VEHICLE, AND HE SAID THAT HIS NEIGHBOR HAD BEEN WITH HIM ALSO. CONTACT WAS MADE WITH THE NEIGHBOR, WHO MATCHED THE SUSPECT DESCRIPTION AND PHOTO OF THE BEFORE STATED BOLO, DEFENDANT MR MICHAEL J KOBEL, JR. THE DEFENDANTS WERE SEPARATED FOR QUESTIONING, AND I SPOKE WITH DEFENDANT COOK. DEFENDANT COOK WAS READ HIS MIRANDA RIGHTS BY K9 DEPUTY HRYC, AND ADVISED THAT HE WISHED TO SPEAK TO ME. HE TOLD ME THAT HE AND DEFENDANT KOBEL HAD DRIVEN TO WAL-MART AT APPROXIMATELY 2230 HOURS, IN HIS FORD EXPLORER, TO PURCHASE SOME MARBLES TO PLAY A PRANK ON A FRIEND. AFTER LEAVING WAL-MART HE TOLD ME THAT DEFENDANT KOBEL HAD A SLINGSHOT WITH HIM, AND HAD ASKED DEFENDANT COOK TO FIND A CLEARING SO THAT HE COULD SHOOT SOME MARBLES WITH THE SLINGSHOT. DEFENDANT COOK TOLD ME THAT WHILE LOOKING FOR A GOOD SPOT TO SHOOT THE MARBLES, DEFENDANT KOBEL BEGAN SHOOTING MARBLES OUT OF THE PASSENGER SIDE OF THE VEHICLE WHILE DEFENDANT COOK WAS DRIVING. HE TOLD ME THAT HE WAS UNABLE TO STOP DEFENDANT KOBEL FROM SHOOTING THE MARBLES, AND HE DROVE HOME AT APPROXIMATELY 23:30. DEFENDANT COOK ADVISED THIS DEPUTY THAT DEFENDANT KOBEL HAD BUILT A LARGE SLING, AND HAD WANTED TO GO TO WAL-MART IN INVERNESS TO FIND SOME LARGER MARBLES THAT WOULD FIT INSIDE OF THAT SLING. HE THEN TOLD ME THAT ON THE WAY TO WAL-MART, DEFENDANT KOBEL BEGAN SHOOTING MARBLES OUT OF THE DRIVER SIDE WINDOW WHILE HE WAS DRIVING. I ASKED DEFENDANT COOK IF HE COULD RECALL ANY OF THE PLACES THAT HAD BEEN VANDALIZED AND HE TOLD ME THAT HE WAS SURE DEFENDANT KOBEL HAD BROKEN MULTIPLE WINDOWS; HOWEVER, THE ONLY PLACE HE COULD RECALL WAS ARBYâS IN CRYSTAL RIVER. I ASKED DEFENDANT COOK IF HE COULD RECALL THE STREETS THAT THEY HAD DRIVEN DOWN, HE ADVISED LONGFELLOW STREET, SOUTH SUNCOAST BOULEVARD, YULEE DRIVE, HALLS RIVER ROAD, HOMOSASSA TRAIL, HIGHWAY 44, COUNTY ROAD 486, AND ROOSEVELT BOULEVARD. DEFENDANT COOK WAS ASKED TO COMPLETE A SWORN WRITTEN STATEMENT, ALONG WITH A PERMISSION TO SEARCH FORM, WHICH HE DID, AND BOTH ITEMS WERE TURNED INTO RECORDS. UPON SEARCHING DEFENDANT COOKâS VEHICLE, I LOCATED IN THE REAR ROW ON TOP OF THE TRANSMISSION HUMP, A SMALL SQUARE PAPER SALES TAG THAT WAS MULTI COLORED AND SAID âMARBLESâ. UNDER THE WORD MARBLES, WAS â50â. NO OTHER PERTINENT INFORMATION OR EVIDENCE WAS GAINED FROM THE SEARCH. LOCATED INSIDE OF DEFENDANT KOBELâS DOORWAY WAS A PLASTIC MESH BAG CONTAINING GLASS MARBLES, WITH A PAPER SALES TAG MATCHING THE BEFORE STATED RECEIPT. I THEN MADE CONTACT WITH DEFENDANT KOBEL. DEFENDANT KOBEL HAD BEEN READ HIS MIRANDA RIGHTS BY K9 DEPUTY HRYC AND WISHED TO SPEAK TO ME. DEFENDANT KOBEL ADVISED THAT HE AND DEFENDANT COOK HAD DRIVEN TO WAL-MART IN HOMOSASSA TO PURCHASE MARBLES TO PLAY A PRANK ON A FRIEND. HE TOLD ME SOME POINT THEY DECIDED TO SHOOT THE MARBLES OUT OF A SLING SHOT. HE ADVISED THAT THEY HAD SHOT MARBLES AT MULTIPLE BUILDINGS AND HAD BROKEN MULTIPLE WINDOWS. DEPUTY RICCI WAS CONTACTED TO CONDUCT A CRIME SCENE TECHNICIAN (CST) REPORT ON THE BAG OF MARBLES AND PAPER SALES BAG. THESE WERE COLLECTED TO LATER BE TURNED INTO EVIDENCE AND PHOTOGRAPHS OF THE DEFENDANTâS VEHICLE WAS TAKEN AS WELL. BOTH DEFENDANTS WERE ADVISED THAT THEY WERE BEING PLACED UNDER ARREST, AND WERE HANDCUFFED DOUBLE LOCKED BEHIND THE BACK AND PLACED IN THE REAR SEAT OF MY PATROL VEHICLE. BOTH DEFENDANTS WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, BOTH DEFENDANTS WERE CHARGED WITH ONE COUNT OF SHOOTING A DEADLY MISSILE INTO A BUILDING, AND SIXTEEN COUNTS OF CRIMINAL MISCHIEF. EACH DEFENDANTâS BOND WAS SET AT $18,000.00 PER THE BOND SCHEDULE. |
