| Probable cause affidavit: |
SUBMITTED BY: STANTON, JOE 0260 (AR11121324) DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: TEARING A BOARD OFF THE VICTIM'S FENCE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)1. ON 061811 AT APPROXIMATELY 0803 HOURS, I WAS DISPATCHED TO 6344 EAST TUDOR STREET IN INVERNESS, IN REFERENCE TO A VERBAL DISTURBANCE BETWEEN NEIGHBORS WHERE ONE OF THE NEIGHBORS, LATER IDENTIFIED AS THE DEFENDANT, MR SEAN TIMOTHY SMITH, HAD DAMAGED THE VICTIM, IDENTIFIED AS TODD OFFENBECKER'S FENCE. UPON MY ARRIVAL, AT APPROXIMATELY 0805 HOURS, I HAD JUST EXITED MY PATROL VEHICLE, WHICH I PARKED ON THE ROADWAY IN FRONT OF MR OFFENBECKER'S DRIVEWAY WHEN A TRUCK CAME AROUND THE CORNER AT THE EAST END OF TUDOR STREET AND APPROACHED MY LOCATION. AT THAT TIME, I DID NOT REALIZE THAT THE PERSON DRIVING THE VEHICLE WAS INVOLVED WITH THE DISTURBANCE. THE VEHICLE STOPPED BESIDE MY PATROL VEHICLE AND THE DRIVER, MR SEAN SMITH, WAS DRIVING THE VEHICLE ALONE. I ASKED WHAT WAS GOING ON AND HE STATED THAT HE AND HIS NEIGHBOR, MR OFFENBECKER, HAD GOT INTO AN ARGUMENT BECAUSE OF THE NOISE THAT WAS BEING MADE BY THE CONSTRUCTION WORK THAT MR OFFENBECKER WAS DOING IN HIS BACK YARD. MR SMITH STATED THAT HE TORE A BOARD OFF OF THE FENCE AND HE WOULD COME BACK LATER AND FIX IT. I THEN ASKED HIM IF HE COULD HOLD ON SO I COULD GO SPEAK WITH MR OFFENBECKER. HE ASKED ME IF HE COULD GO TO WORK, AT WHICH POINT, I TOLD HIM NO. HE THEN ASKED ME IF HE WAS UNDER ARREST, AND I STATED NO BUT HE WAS BEING DETAINED SO THAT I COULD CONDUCT MY INVESTIGATION. MR SMITH THEN PULLED OFF TO THE SIDE OF THE ROAD WITH HIS VEHICLE AND I WENT AND SPOKE WITH MR OFFENBECKER. MR OFFENBECKER STATED THAT HE WAS IN HIS BACK YARD WORKING ON HIS POOL WHEN HE HEARD A MAN YELLING WHO WAS IDENTIFIED AS MR SMITH OBSCENITIES AT HIM FOR MAKING NOISE. MR OFFENBECKER STATED THAT MR SMITH THEN THREATENED TO KICK HIS "ASS" AND THEN STARTED RIPPING HIS FENCE DOWN AND TELLING HIM TO COME OUT AND HE WOULD BEAT HIS "ASS". I DID OBSERVE MR OFFENBECKER'S FENCE IN HIS BACK YARD ON THE WEST SIDE OF HIS PROPERTY. I DID SEE A GAP BETWEEN THE FENCE POSTS WHICH INDICATED THAT THE FENCE POSTS HAD BEEN MOVED AROUND TO LOOSEN UP THE SOIL. ONE OF THE TOP BOARDS OF THE FENCE, WHICH HAD BEEN BROKEN OFF IN ONE WHOLE PIECE, WAS LYING ON THE GROUND DIRECTLY BESIDE THE FENCE ON THE INSIDE OF MR OFFENBECKER'S BACK YARD. I LEARNED IN SPEAKING WITH MR OFFENBECKER THAT MR SMITH RESIDES IN THE RESIDENCE THE NEXT STREET TO THE SOUTH OF HIS RESIDENCE AND I COULD OBSERVE THE BACK OF MR SMITH'S RESIDENCE, WHICH WAS CATTY CORNER TO MR OFFENBECKER'S FROM THE BACK OF HIS PROPERTY. IN BETWEEN GATHERING STATEMENTS FROM MR OFFENBECKER AND THE OTHER TWO WITNESSES, MR SMITH SEEMED VERY AGITATED AND MADE MULTIPLE STATEMENTS THAT HE WAS GOING TO GET BACK AT MR OFFENBECKER AND ALSO TOLD ME TO TELL MR OFFENBECKER THAT IT WOULD NOT BE A GOOD IDEA FOR MR OFFENBECKER TO PURSUE CHARGES. I SPOKE WITH TWO OTHER WITNESSES THAT WERE AT MR OFFENBECKER'S RESIDENCE, MR WILLIAM ORTENGREN WHO STATED THAT HE WAS HELPING MR OFFENBECKER WORK ON HIS POOL WHEN THE NEIGHBOR BEHIND MR OFFENBECKER'S RESIDENCE CAME OUT AND ASKED THEM TO KEEP THE NOISE DOWN, AT WHICH TIME, A SCREAMING MATCH ENSUED BETWEEN MR OFFENBECKER AND MR SMITH. MR SMITH ASKED MR OFFENBECKER TO COME OUT AND FIGHT AND BEFORE MR OFFENBECKER COULD GET OUT OF THE POOL, MR SMITH STARTED TEARING DOWN THE FENCE BOARDS, AT WHICH TIME, MR OFFENBECKER CALLED THE POLICE. I ALSO SPOKE WITH MR JARRED JAENICKE (WITNESS), WHO STATED THAT HE WAS IN MR OFFENBECKER'S RESIDENCE WHEN HE HEARD A MAN YELLING AT MR OFFENBECKER. AT FIRST HE THOUGHT THE MAN WAS JOKING AROUND, AT WHICH TIME, MR JAENICKE WENT OUT BACK AND SAW THAT MR SMITH WAS NOT JOKING. HE FURTHER STATED THAT MR SMITH WAS YELLING AND SWEARING AT MR OFFENBECKER ABOUT THE NOISE SO MR OFFENBECKER TOLD MR SMITH TO GO HOME AND HE YELLED BACK. HE THEN STATED THAT MR SMITH CAME AROUND THE SIDE AND TOLD MR OFFENBECKER TO COME OUT OF THE POOL IN A VERY ANGRY MANNER AND MR SMITH STARTED TO SHAKE THE FENCE, AT WHICH TIME, HE RIPPED THE BOARD OFF THE FENCE. AT THAT TIME, MR OFFENBECKKER STARTED TO GET OUT OF THE POOL AND MR SMITH TOOK OFF. MR SMITH WAS PLACED UNDER ARREST, CHARGED WITH ONE COUNT OF CRIMINAL MISCHIEF, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SEARCHED INCIDENT TO ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. MR SMITH'S BOND WAS SET AT $250.00 PER THE BOND SCHEDULE. I DID ASK MR SMITH IF HE WISHED TO PROVIDE ME with a STATEMENT SEVERAL TIMES PRIOR TO BE PLACED UNDER ARREST, AND HE DECLINED. "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* |
