| Probable cause affidavit: |
SUBMITTED BY: JOHNSON, DALE 0178 (09090783) did unlawfully enter or remain in a certain conveyance, to-wit: VEHICLE A FORD TAURUS, the property of the VICTIM, without said person's consent, with the intent to commit an offense therein, to-wit: BATTERY AND PETIT THEFT, and IN the COURSE THEREOF, DID UNLAWFULLY COMMIT A BATTERY AGAINST THE VICTIM BY ACTUALLY AND INTENTIONALLY TOUCHING OR STRIKING SAID PERSON AGAINST SAID PERSON'S WILL, OR BY INTENTIONALLY CAUSING BODILY HARM, WHILE the said conveyance was not open to the public at the time, and was not licensed or invited to enter or remain in said conveyance, in violation of Florida Statute 810.02; DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: A NECKLACE, SAID PROPERTY BEING OF A VALUE OF APPROXIMATELY $200.00, 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 STATE STATUTES 812.014(3)(a). ON 091909, I RESPONDED TO 3448 WEST CENTURY BOULEVARD, IN REFERENCE TO A BURGLARY with A BATTERY that HAD ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT with THE VICTIM, WHO STATED THAT HE HAD RESPONDED TO THE ADDRESS TO VISIT WITH A FRIEND, AND UPON ARRIVAL THE DEFENDANT, MR ROGER TUTEN, AND ANOTHER SUBJECT WERE SITTING IN A CAR IN the DRIVEWAY. THE VICTIM STATED THAT WHEN HE PULLED INTO THE DRIVEWAY AND EXITED HIS VEHICLE, THE DEFENDANT AND THE other SUBJECT APPROACHED HIM AND STARTED ASKING HIM WHY HE WAS THERE AND IF HE HAD ANY BUSINESS THERE. THE VICTIM ADVISED THEM THAT HE WAS THERE TO VISIT WITH A FRIEND, AND THEY THEN WALKED with HIM TO the FRONT DOOR AND MADE CONTACT WITH THE FRIEND/WITNESS, WHO ADVISED THAT the VICTIM WAS OKAY TO BE AT THE RESIDENCE. the VICTIM THEN STARTED WALKING BACK TOWARDS HIS VEHICLE, WHEN thE DEFENDANT APPROACHED HIM and STARTED ASKING HIM FOR MONEY AND MAKING INTIMIDATING GESTURES TOWARDS HIM. THE VICTIM ADVISED that THE DEFENDANT THEN PUT HIS HANDS ON HIS NECK AS IF TO STRANGLE HIM, AND WALKED HIM OVER TO THE VICTIM'S VEHICLE WHERE HE OPENED THE DOOR AND PUSHED THE VICTIM INTO THE DRIVER'S SEAT. THE DEFENDANT THEN REACHED INTO THE VEHICLE AND GRABBED A NECKLACE THAT WAS LYING ON the DASHBOARD. WHEN the DEFENDANT ATTEMPTED TO REMOVE the NECKLACE FROM THE VEHICLE, THE VICTIM TRIED TO GRAB IT AND A SMALL PIECE OF IT BROKE OFF. THE WITNESS THEN ADVISED the DEFENDANT THAT SHE WAS CALLING 9-1-1 and THAT THEY SHOULD LEAVE. AT THAT TIME, THE DEFENDANT AND THE OTHER SUBJECT GOT INTO THE GOLD COLORED VEHICLE AND LEFT THE AREA. THE WITNESS IDENTIFIED THE DEFENDANT AS AN ACQUAINTANCE OF HERS BY the NAME OF ROGER TUTEN, AND ALSO PROVIDED THE FIRST NAME OF THE OTHER SUBJECT. THE WITNESS ADVISED THAT SHE KNEW THE DEFENDANT FROM GOING TO REHAB IN OCALA. WHILE THE VICTIM AND the WITNESS WERE WRITING STATEMENTS AND PROVIDING A DESCRIPTION OF THE DEFENDANT, THE DEFENDANT CALLED THE WITNESS'S RESIDENCE ASKING TO SPEAK WITH THE VICTIM. THE VICTIM AGREED TO SPEAK WITH HIM, and DURING THE CONVERSATION HE APOLOGIZED TO THE VICTIM AND STATED THAT HE WISHED TO RETURN HIS NECKLACE TO HIM; HOWEVER, HE TOLD THE VICTIM HE WOULD NOT RETURN TO THE RESIDENCE WHILE I WAS STILL AT THE RESIDENCE. I THEN LEFT THE RESIDENCE AND ATTEMPTED TO LOCATE THE DEFENDANT AND the VEHICLE THAT HE WAS TRAVELING IN, IN THE AREA, WHICH MET WITH NEGATIVE RESULTS. I RAN THE DEFENDANT'S NAME IN A D.A.V.I.D QUERY AND OBTAINED A DRIVER'S LICENSE PHOTOGRAPH, AT WHICH TIME I RETURNED TO THE WITNESS'S RESIDENCE AND ASKED HER IF THE PHOTOGRAPH WAS THAT OF the ROGER TUTEN that SHE KNEW, AND SHE ADVISED, YES. APPROXIMATELY AN HOUR LATER DURING MY SHIFT, I RESPONDED TO the AREA OF C-39 JUST WEST OF CEDAR COVE ROAD, IN REFERENCE TO A MOTOR VEHICLE CRASH. UPON ARRIVAL, I OBSERVED A GOLD COLORED FOUR DOOR VEHICLE WHICH MATCHED THE DESCRIPTION PROVIDED BY THE VICTIM AND THE WITNESS THAT WAS INVOLVED IN THE CRASH. WHILE AT the SCENE OF THE CRASH WITH DEPUTY PAUL, I WAS ADVISED BY HIM THAT A SUBJECT BY the NAME OF ROGER TUTEN, WAS A PASSENGER IN THE VEHICLE INVOLVED IN the CRASH. I THEN MADE CONTACT with THE OTHER SUBJECT, AND VERIFIED THAT HE HAD THE SAME NAME THAT WAS PROVIDED BY the WITNESS AS THE SUBJECT WHO WAS WITH THE DEFENDANT. I THEN CHECKED the AREA AROUND the VEHICLE WHERE ITEMS HAD FALLEN OUT OF IT WHEN IT ROLLED ONTO ITS SIDE, AND LOCATED A NECKLACE LYING AMONG THE DEBRIS THAT HAD FALLEN FROM the VEHICLE. THE NECKLACE FOUND THERE MATCHED THE SECTION OF THE NECKLACE THAT HAD BROKEN OFF THAT THE VICTIM RETAINED. I THEN MADE CONTACT WITH THE DEFENDANT and ASKED HIM ABOUT THE INCIDENT AT THE WITNESS'S RESIDENCE, AND HE ADVISED THAT HE DID NOT KNOW the WITNESS. AFTER INTERVIEWING THE DEFENDANT AT THE CRASH SCENE, HE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE- LOCKED) AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF BURGLARY WITH BATTERY and ONE COUNT OF PETIT THEFT. AT THE DETENTION FACILITY, I LOOKED AT THE DEFENDANT'S CELLULAR TELEPHONE AND FOUND AN ENTRY ON the PHONE IN the RECENT CALLS MENU, THAT had THE WITNESS'S NAME and CORRECT TELEPHONE NUMBER. THE DEFENDANT'S TOTAL BOND WAS SET AT $15,250.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
