| Probable cause affidavit: |
SUBMITTED BY: CULBERTSON, CHRIS 0439 (AR11119359) DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN ON PROPERTY, OTHER THAN A STRUCTURE OR CONVEYANCE, TO WIT: 5825 EAST STAGE COACH TRAIL IN INVERNESS, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.09(1)(A) AND DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: GATE, SAID PROPERTY BEING OF A VALUE OF ABOUT $100.00 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(1) and 812.014(3)(A). ON 021511, I RESPONDED TO 5825 EAST STAGE COACH TRAIL IN INVERNESS, IN REFERENCE TO A THEFT IN PROGRESS. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR KENNETH ELLINGHAM, WHO ADVISED HE KNEW THE PROPERTY OWNER, MARJORIE ROOKS. HE STATED SHE HAS HAD SOME PROBLEMS WITH THEFT IN THE PAST. HE ADVISED AS HE WAS DRIVING PAST PROPERTY HE OBSERVED TWO WHITE MALES IDENTIFIED AS MR ROY GEURTS (DEFENDANT) AND MR DUSTIN SPEARS (DEFENDANT) INSIDE THE FENCED IN AREA TRYING TO MOVE AN OLD GATE OVER THE FENCE. HE STATED HE THEN TURNED AROUND, AT WHICH TIME, BOTH SUBJECTS JUMPED OVER THE FENCE. HE ASKED THEM WHAT THEY WERE DOING AND THEY ADVISED THEY WERE TAKING THE GATE TO THE SCRAP YARD. HE STATED HE CALLED MS ROOKS AND SHE STATED TO CALL 9-1-1 BECAUSE SHE HAD GIVEN NO ONE PERMISSION TO BE ON THE PROPERTY. AT THAT TIME, I MADE CONTACT WITH MR GEURTS AND MR SPEARS. MR SPEARS STATED THAT HE JUMPED THE FENCE WHILE MR GEURTS STAYED ON THE OUTSIDE OF THE FENCE. MR SPEARS STATED HE TRIED TO PASS THE GATE TO MR GEURTS. THEY ADVISED THEY DID NOT THINK IT WOULD BE MUCH TROUBLE DUE TO THE FACT THE GATE WAS OLD AND RUSTY AND FALLING APART. MR GEURTS DID ADVISED HE DID SPEAK TO MS ROOKS' SON, WHO TOLD HIM HE NEEDED TO TALK TO HIS MOM, WHO IS THE OWNER OF THE PROPERTY. HE STATED HE TRIED TO MAKE CONTACT WITH HER, BUT WAS UNSUCCESSFUL. I ASKED HIM IF HE WAS NOT GIVEN PERMISSION WHY DID HE DO IT. HE ADVISED HE DID NOT THINK IT WOULD HURT ANYTHING. I MADE CONTACT WITH MS ROOKS OVER THE TELEPHONE AND SHE STATED SHE WAS AT WORK. SHE ADVISED THIS DEPUTY THAT SHE DID NOT GIVE ANYONE PERMISSION TO ENTER HER PROPERTY TO REMOVE ANYTHING AND THAT SHE HAD RECENTLY HAD OTHER ITEMS STOLEN FROM HER PROPERTY AND THAT SHE WANTED TO PROSECUTE. AT THIS TIME, I PLACED BOTH SUBJECTS UNDER ARREST. I READ THEM MIRANDA WARNING FROM PRE-PRINTED CARD, WHICH THEY BOTH STATED THEY UNDERSTOOD AND WOULD TALK WITH THIS DEPUTY. THEY AGAIN REPEATED THEIR STORIES AND WERE THE SAME AS BEFORE. BOTH SUBJECTS WERE PLACED IN REAR OF MY PATROL VEHICLE. PICTURES WERE TAKEN AT THE SCENE SHOWING PIECES OF THE FENCE IN THE BACK OF MR GEURTS' TRUCK AND THE GATE STANDING UP AGAINST THE FENCE. BOTH SUBJECTS WERE THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THEY WERE CHARGED WITH TRESPASSING AND PETIT THEFT. BOTH WERE GIVEN A TOTAL BOND OF $750.00, PER THE BOND SCHEDULE. CONTACT WAS MADE WITH DETECTIVE EMRICK SINCE HE WAS ASSIGNED TO PREVIOUS THEFT CASE FROM SAME PROPERTY. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
