| Probable cause affidavit: |
SUBMITTED BY: REID, JUSTIN 0706 (AR12-3306) DID WILLFULLY AND UNLAWFULLY MAKE, POSSESS, THROW, PROJECT, PLACE, DISCHARGE, OR ATTEMPT TO MAKE, POSSESS, THROW, PROJECT, PLACE, OR DISCHARGE ANY DESTRUCTIVE DEVICE, TO WIT: A HOMEMADE DEVICE OF A GLASS BOTTLE, GASOLINE, AND A RAG WICK, COMMONLY REFERRED TO AS A MOLOTOV COCKTAIL, PERPETRATED WITH THE INTENT TO DO BODILY HARM TO ANY PERSON, OR WITH THE INTENT TO DO PROPERTY DAMAGE, OR IF THE ACT RESULTS IN A DISRUPTION OF GOVERNMENTAL OPERATIONS, COMMERCE, OR THE PRIVATE AFFAIRS OF ANOTHER PERSON, COMMITS A FELONY OF THE SECOND DEGREE, IN VIOLATION OF FLORIDA STATE STATUTE 790.161(2). ON 102712, AT APPROXIMATELY 2140 HOURS, I WAS DISPATCHED TO 77 GOLF VIEW DRIVE, HOMOSASSA, IN REFERENCE TO A VERBAL DISTURBANCE. UPON MY ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR MARK SEMINERIO. THE VICTIM STATED THAT HE, MS DEBRA LYNCH, AND MR JERRY SMITH, BOTH WITNESSES, HAD BEEN AT HIS RESIDENCE THIS EVENING. HE ADVISED THAT THE HIS NEIGHBOR FROM DOWN THE STREET, LATER IDENTIFIED AS THE DEFENDANT, MR ROBERT EDWARD LEHNER, HAD COME TO HIS RESIDENCE. THE VICTIM ADVISED THAT THE DEFENDANT WAS VERY INTOXICATED, AND WAS CARRYING WITH HIM A GALLON OF VODKA. THE VICTIM ADVISED THAT THE DEFENDANT ASKED IF HE COULD STAY FOR THE NIGHT AT THE VICTIMâS RESIDENCE. THE VICTIM ADVISED THAT HE TOLD THE DEFENDANT THAT HE COULD NOT. HE THEN WENT TO THE DEFENDANTâS RESIDENCE TO GET THE DEFENDANTâS GIRLFRIEND TO COME OVER AND TRY TO CALM THE DEFENDANT DOWN AND TAKE HIM HOME. THE VICTIM STATED THAT THE DEFENDANTâS GIRLFRIEND DID COME OVER, AND AN ARGUMENT ESCALATED BETWEEN EVERYONE INVOLVED. THE VICTIM EVENTUALLY TOLD BOTH THE DEFENDANT AND HIS GIRLFRIEND THAT THEY NEEDED TO LEAVE, AND THEY DID SO. HOWEVER, SHORTLY AFTER THE DEFENDANT LEFT, THE DEFENDANT BEGAN CALLING THE VICTIM ON THE TELEPHONE, THREATENING HIM. THE VICTIM ADVISED THAT HE TOLD THE DEFENDANT TO STOP CALLING HIM. THE VICTIM ADVISED THAT THE DEFENDANT WAS THREATENING HIM WITH PHYSICAL VIOLENCE, AND BEING DRUNKEN AND RUDE. THE VICTIM ADVISED THAT AFTER THE DEFENDANT STOPPED CALLING HIM, THE DEFENDANT THEN SHOWED UP AGAIN AT HIS FRONT DOOR. THE VICTIM ADVISED THAT HE OPENED THE DOOR, AND THE DEFENDANT PLACED A BROWN IN COLOR, GLASS BOTTLE, WHICH HAD THE ODOR OF GASOLINE EMITTING FROM IT, AND A WHITE RAG STICKING OUT, ONTO A COUNTER JUST INSIDE OF THE VICTIMâS FRONT DOOR. THE VICTIM ADVISED THAT THE DEFENDANT TOLD THE VICTIM, âTHIS IS WHATâS COMING NEXT, AND YOU KNOW WHAT IT WILL DO.â THE VICTIM ADVISED THAT AT THAT POINT, HE CALLED 911, BECAUSE HE WAS AFRAID OF WHAT THE DEFENDANT MIGHT DO NEXT. HE STATED THAT WHEN THE DEFENDANT REALIZED HE WAS CALLING THE CITRUS COUNTY SHERIFF'S OFFICE, HE LEFT HIS FRONT DOOR AND HEADED BACK TO HIS OWN RESIDENCE ON FOOT, LEAVING THE BOTTLE IN THE VICTIMâS RESIDENCE. I THEN MADE CONTACT WITH WITNESS MS DEBORAH LYNCH. SHE ADVISED THAT SHE, THE VICTIM, AND THE SECOND WITNESS, MR JERRY SMITH, HAD BEEN IN THE VICTIMâS RESIDENCE, WHEN THE DEFENDANT ARRIVED AT THE FRONT DOOR, ASKING TO STAY THE NIGHT. THE DEFENDANT ADVISED THAT HE WAS FIGHTING WITH HIS GIRLFRIEND, AND THAT HE WAS IN, âBIG TROUBLE,â AND THAT HE KEPT SAYING HE HAD A GALLON OF VODKA WITH HIM. SHE ADVISED THAT MR SMITH KEPT TRYING TO REASON WITH THE DEFENDANT TO GET HIM TO GO HOME, AND THAT SHE AND THE VICTIM THEN WENT TO THE DEFENDANTâS RESIDENCE, TO ASK THE DEFENDANTâS GIRLFRIEND TO COME OVER AND CALM DOWN THE DEFENDANT, AND BRING HIM BACK TO HIS RESIDENCE. SHE ADVISED THAT AFTER A LONG VERBAL CONFRONTATION BETWEEN THE DEFENDANT, HIS GIRLFRIEND AND THE VICTIM, THE DEFENDANT AND HIS GIRLFRIEND FINALLY LEFT. SHE STATED THAT SHORTLY AFTER, THE DEFENDANT RETURNED TO THE RESIDENCE, AND THE VICTIM OPENED THE FRONT DOOR. SHE ADVISED THAT THE DEFENDANT THEN BROUGHT IN WHAT APPEARED TO BE A BROWN IN COLOR BEER BOTTLE, FILLED WITH GASOLINE AND WITH A RAG STICKING OUT OF THE OTT THE DEFENDANT TOLD THE VICTIM THAT HE KNEW WHAT IT WAS FOR. I THEN MADE CONTACT WITH WITNESS, MR JERRY SMITH. HE ADVISED THAT THE DEFENDANT HAD COME OVER TO THE VICTIMâS RESIDENCE DRUNK, AND ASKED TO STAY THE NIGHT. HE STATED THAT THE VICTIM TOLD THE DEFENDANT THAT HE COULD NOT STAY, AND THAT HE NEEDED TO LEAVE. MR SMITH STATED THAT THE DEFENDANT DID NOT LIKE THIS ANSWER AND BECAME VERBALLY AGGRESSIVE AND NASTY. THE DEFENDANT WAS CARRYING A LARGE BOTTLE OF VODKA, AND APPEARED TO BE VERY INTOXICATED. HE STATED THAT THE DEFENDANTâS GIRLFRIEND THEN RESPONDED TO THE RESIDENCE, AND THE DEFENDANT AND HIS GIRLFRIEND THEN FINALLY LEFT THE VICTIMâS RESIDENCE. HE STATED THAT SHORTLY AFTERWARDS, THE DEFENDANT RETURNED TO THE VICTIMâS RESIDENCE WITH A GLASS BOTTLE FILLED WITH GASOLINE AND A RAG STICKING OUT OF THE TOP. MR SMITH STATED THAT THE DEFENDANT TOLD THE VICTIM THAT HE KNEW WHAT THIS WAS FOR, AND THAT THE VICTIM THEN CALLED THE CITRUS COUNTY SHERIFF'S OFFICE. WHILE AT THE RESIDENCE, I DID OBSERVE A BROWN IN COLOR, GLASS ROOT BEER BOTTLE, WHICH WAS FILLED WITH A CLEAR LIQUID, WHICH SMELLED OF GASOLINE. THE GLASS BOTTLE FILLED WITH GASOLINE HAD A WHITE IN COLOR CLOTH RAG STICKING OUT OF THE TOP WHICH HAD BEEN SATURATED WITH GASOLINE. THIS DEVICE IS KNOWN TO THIS DEPUTY TO BE COMMONLY REFEREED TO AS A MOLOTOV COCKTAIL, WHICH IS A PRIMITIVE HOMEMADE EXPLOSIVE DEVICE. THIS DEPUTY TOOK SEVERAL PICTURES OF THE MOLOTOV COCKTAIL, AND WAS ABLE TO RETRIEVE ONE FINGERPRINT FROM THE GLASS BOTTLE. THE GASOLINE WAS POURED BACK INTO A GASOLINE CONTAINER, AND THE EMPTY BOTTLE WAS PLACED IN THE TRASH AT THE VICTIMâS RESIDENCE. THE BOTTLE WAS NOT COLLECTED FOR EVIDENCE, DUE TO THE HAZARDOUS AND FLAMMABLE NATURE OF THE CHEMICAL. I THEN MADE CONTACT WITH THE DEFENDANT, AT HIS RESIDENCE OF 54 DOGWOOD DRIVE, HOMOSASSA. THE DEFENDANT HE AGREED TO SPEAK WITH THIS DEPUTY ABOUT THE INCIDENT. THE DEFENDANT STATED AT FIRST THAT HE HAD NOT BEEN AT THE VICTIMâS RESIDENCE IN THE LAST HOUR AT ALL, AND HAD NO IDEA WHAT I WAS TALKING ABOUT. THE DEFENDANT THE SAID THAT THE VICTIM HAD ASKED HIM TO SHOW HIM HOW TO MAKE A MOLOTOV COCKTAIL, AND THAT IS HOW THE DEVICE CAME TO BE AT THE VICTIMâS RESIDENCE. THE DEFENDANT THEN STATED THAT HE HAD NOTHING ELSE TO SAY ABOUT THE MATTER I THEN RETURNED TO THE VICTIMâS RESIDENCE, AND RETRIEVED SWORN WRITTEN STATEMENTS FROM THE VICTIM AND TWO WITNESSES. THESE WERE LATER TURNED INTO CITRUS COUNTY SHERIFF'S OFFICE RECORDS. WHILE AT THE RESIDENCE, MR SMITHSâ MOTHER, WHO LIVES ACROSS FROM THE DEFENDANT, CALLED TO ADVISE THAT THE DEFENDANT WAS NOW WALKING TOWARDS THE VICTIMâS RESIDENCE, AGAIN. I MADE CONTACT WITH THE DEFENDANT NEAR THE ADDRESS OF 80 GOLFVIEW DRIVE, HOMOSASSA. I PLACED HIM UNDER ARREST FOR MAKING, POSSESSING AND PLACING A DESTRUCTIVE DEVICE INSIDE OF THE VICTIMâS RESIDENCE, AND MAKING THREATS TOWARDS THE VICTIM. THE DEFENDANT WAS THEN HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND SECURED IN THE REAR OF MY PATROL VEHICLE. HE WAS LATER TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. UPON ARRIVAL, HE WAS RELEASED TO DETENTION FACILITY STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF MAKING, POSSESSING AND PLACING A DESTRUCTIVE DEVICE INSIDE OF A RESIDENCE. HIS BOND WAS SET AT $10,000.00, PER THE BOND SCHEDULE. PRIOR TO TRANSPORTING THE DEFENDANT TO THE DETENTION FACILITY, I MADE CONTACT WITH A THIRD WITNESS, MR JOHN SOMMER, WHO WAS WALKING DOWN THE STREET WITH THE DEFENDANT WHEN I HAD MADE CONTACT WITH THE DEFENDANT THE SECOND TIME FOR HIS ARREST. MR SOMMER ADVISED THAT HE HAD NOT BEEN WITH THE DEFENDANT WHEN HE HAD PLACED THE MOLOTOV COCKTAIL IN THE VICTIMâS RESIDENCE, BUT THAT THE DEFENDANT HAD TOLD HIM ABOUT THE INCIDENT, AND HE ADVISED THAT HE HAD TOLD THE DEFENDANT THAT HE WAS VERY STUPID FOR DOING SOMETHING LIKE THAT, AND WAS GOING TO GET INTO BIG TROUBLE. MR SOMMER ADVISED THAT HE DID NOT WISH TO DISCUSS THE INCIDENT FURTHER. |
