| Probable cause affidavit: |
SUBMITTED BY: VENTIMIGLIA, LISA 0621 (AR16-20243) the DEFENDANT, MR SCOTT JOSEPH KELLY, SEX OFFENDER WHO VACATED A PERMANENT, TEMPORARY OR TRANSIENT RESIDENCE AND FAILED TO ESTABLISH OR MAINTAIN ANOTHER PERMANENT, TEMPORARY OR TRANSIENT RESIDENCE SHALL WITHIN 48 HOURS AFTER VACATING THE PERMANENT, TEMPORARY OR TRANSIENT RESIDENCE REPORT IN PERSON TO THE SHERIFF'S OFFICE OF THE COUNTY IN which HE OR SHE IS LOCATED. the SEXUAL OFFENDER SHALL SPECIFY THE DATE UPON WHICH HE OR SHE INTENDS TO OR DID VACATE SUCH RESIDENCE. the SEXUAL OFFENDER MUST PROVIDE OR UPDATE ALL OF THE REGISTRATION INFORMATION REQUIRED UNDER PARAGRAPH (2)(B). THE SEXUAL OFFENDER MUST PROVIDE AN ADDRESS FOR THE RESIDENCE OR OTHER PLACE THAT HE OR SHE IS OR WILL BE LOCATED DURING THE TIME IN WHICH HE OR SHE FAILS TO ESTABLISH OR MAINTAIN A PERMANENT OR TEMPORARY RESIDENCE. (9)(A), A SEXUAL OFFENDER WHO DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION COMMITS A FELONY OF THE THIRD DEGREE PUNISHABLE AS PROVIDED IN S.775.082, S.775.083, OR S.775.084. DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE AFTER WARNING GIVEN ON JULY 12, 2016, TO WIT: WINN DIXIE, 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 810.08(1) AND 810.08(2)(B). ON 071316, I RESPONDED TO WINN DIXIE LOCATED AT 333 EAST HIGHLAND BOULEVARD IN INVERNESS IN REFERENCE TO A TRESPASS. I OBSERVED DEFENDANT, MR SCOTT JOSEPH KELLY, IN THE PARKING LOT OF WINN DIXIE CARRYING A WINN DIXIE SHOPPING BAG WITH FOUR SIXTEEN OUNCE STEEL BEER CANS, ONE OF WHICH WAS OPEN. I MADE CONTACT WITH THE WINN DIXIE MANAGER WHO ALLOWED ME TO VIEW THEIR SURVEILLANCE VIDEO. I OBSERVED THE DEFENDANT GO THROUGH THE SELF-CHECKOUT AT 2110 HOURS. I CONFIRMED THROUGH TELETYPE OPERATOR (1191) THAT THE DEFENDANT HAD BEEN TRESPASSED FROM WINN DIXIE ON 071216. ON 071016, AT APPROXIMATELY 1547 HOURS, REFERENCE INCIDENT NUMBER 16-94278, I RESPONDED TO A VERBAL DISTURBANCE AT WINN DIXIE THAT INVOLVED THE DEFENDANT. HE ADVISED ME HE WAS HOMELESS AND WAS NO LONGING RESIDING AT 405 WEST INVERNESS BOULEVARD. AT THAT TIME, I MADE CONTACT WITH THE WARRANTS DIVISION, AND I WAS ADVISED THE DEFENDANT HAD NOT UPDATED HIS SEX OFFENDER REGISTRATION STATUS. ON 071016, I GAVE THE DEFENDANT A VERBAL WARNING THAT HE HAD 48 HOURS TO UPDATE HIS STATUS. I CONFIRMED THROUGH WARRANTS THE DEFENDANT HAD NOT UPDATED HIS STATUS. THE DEFENDANT WAS PLACED UNDER ARREST FOR TRESPASS AFTER WARNING AND SEXUAL OFFENDER REQUIREMENT TO REGISTER. HE WAS HANDCUFFED, DOUBLE-LOCKED, BEHIND HIS BACK AND PLACED IN MY PATROL VEHICLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT. HE WAS TURNED OVER TO STAFF FOR BOOKING AND PROCESSING. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF SEXUAL OFFENDER REQUIRED TO REGISTER WITH THE DEPARTMENT WITH A BOND SET AT $2,000.00 AND ONE COUNT OF TRESPASS AFTER WARNING WITH A BOND SET AT $1,000.00 FOR A TOTAL BOND OF $3,000.00, PER THE BOND SCHEDULE. |
