| Probable cause affidavit: |
SUBMITTED By: FARKAS, STEVEN 0408 (AR11123053) did unlawfully traffic in or endeavor to traffic in property that knew or should have known was stolen, to-wit: NUMEROUS PERSONAL PROPERTY OF THE VICTIM, in violation of Florida Statute 812.019(1); ON 091811, IT WAS REPORTED BY THE VICTIM, MS LYDIANN HOFFMANN, THE BURGLARY TO HER UNOCCUPIED DWELLING LOCATED AT, 5707 SOUTH CANDY CANE DRIVE IN HOMOSASSA. THE THEFT WAS OF APPROXIMATELY $3,500.00 IN ASSORTED JEWELRY, COLLECTIBLE SPOONS, AND OTHER ITEMS. THE VICTIM HAD DEPARTED HER RESIDENCE ON 040311, TO A NORTHERN STATE AND DID NOT RETURN UNTIL 091811, WHEN SHE DISCOVERED THE BURGLARY. THE VICTIM AT THIS POINT IN TIME HAS BEEN UNABLE TO DETERMINE THE FULL EXTENT OF HER BURGLARY, AND IT YET REMAINS FOR HER TO SUPPLY THIS AGENCY WITH A COMPLETE LIST OF ALL PROPERTY REMOVED. ON 100311 THIS DETECTIVE RECEIVED AN E-MAIL FROM DEPUTY JAKOB, STATING THAT THE VICTIM HAD OBSERVED MULTIPLE PIECES OF HER STOLEN JEWELRY AT THE ANTIQUE MALL, LOCATED AT 4950 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA. THIS DETECTIVE THEN MADE CONTACT WITH THE VICTIM, AT THE PLACE OF BUSINESS AS PREVIOUSLY AGREED UPON. THE VICTIM DID WALK ABOUT THE ANTIQUE STORE WITH THIS DETECTIVE AND THE STORE OWNER, AND POINTED OUT VARIOUS ITEMS, THAT SHE STATED WERE HERS AND WERE REMOVED FROM HER RESIDENCE DURING THE BURGLARY. THESE ITEMS WERE REMOVED FROM THE STORE SHELF, PHOTOGRAPHED BY THIS DETECTIVE, AND A LAW ENFORCEMENT HOLD WAS PLACED ON THE PROPERTY. THE STORE OWNER EVENTUALLY SUPPLIED THIS DETECTIVE WITH TWO SEPARATE BILL OF SALE RECEIPTS, FROM 040811 AND 041011, IN WHICH THE VICTIM'S STOLEN PROPERTY WAS SOLD TO HER. ON 040811, THE DEFENDANT, MR SHAWN CARTER, SOLD ASSORTED ITEMS OF THE VICTIM'S TO THE STORE, AND RECEIVED A CHECK FROM THE STORE OWNER FOR $125.00. THE DEFENDANT WAS ACCOMPANIED BY ANOTHER, KNOWN TO THIS DETECTIVE. ON 041011, THE DEFENDANT AGAIN ARRIVED WITH THE OTHER INDIVIDUAL, WHERE THAT INDIVIDUAL, SOLD ADDITIONAL ITEMS OF THE VICTIM'S, AND THAT INDIVIDUAL RECEIVED A CHECK FOR $65.00 . THE DEFENDANT WAS PRESENT FOR THIS TRANSACTION AS WELL. THE DEFENDANT DID CASH THE $125.00 CHECK AT SUNTRUST BANK IN HOMOSASSA, ON THE SAME DATE 040811, AN HE DID SIGN HIS NAME TO THE BACK OF THE CHECK. THE DEFENDANT HAD ALSO SIGNED HIS NAME TO THE BOTTOM OF THE 040811 SALES RECEIPT. ON 100511, A PHOTO ARRAY INCLUDING THE DEFENDANT'S PHOTOGRAPH WAS PREPARED AND EVENTUALLY DISPLAYED TO THE STORE OWNER, WHO IMMEDIATELY SELECTED THE DEFENDANT, WHO IS PERSON NUMBER THREE IN THE ARRAY, AS THE INDIVIDUAL SHE STATES SOLD HER THE STOLEN PROPERTY. THE STORE OWNER INITIALED AND DATED UNDER THE DEFENDANT'S PHOTOGRAPH, AND HAS ALSO SIGNED AN AFFIDAVIT INDICATING HER SELECTION, AND ANOTHER AFFIDAVIT INDICATING THAT THE DEFENDANT SOLD HER THE STOLEN PROPERTY ON 040811 AND RECEIVED $125.00 FOR THE SALE. THE STORE OWNER HAS FURTHER SUPPLIED, THIS DETECTIVE WITH A SWORN DIGITALLY RECORDED STATEMENT ON 100611, THAT THE DEFENDANT CAME IN TO HER STORE WITH THE OTHER INDIVIDUAL ON 040811, AND STATED THAT HIS MOTHER IS A REALTOR AND WAS CONDUCTING BUSINESS AT THE RESIDENCE AND SHE HAD HER SON, THE DEFENDANT AND HIS FRIEND CLEAN THE RESIDENCE, AND WAS ALLOWED TO KEEP WHATEVER PROPERTY WAS LEFT BEHIND. IT SHOULD BE NOTED, THAT THE DEFENDANT'S MOTHER IS NOT A REALTOR. ON 100611, CONTACT WAS MADE WITH THE DEFENDANT AT THE EMERGENCY OPERATIONS CENTER PARKING LOT AS PREVIOUSLY AGREED UPON. THE DEFENDANT ARRIVED WITH HIS GRANDMOTHER AND MOTHER. THE DEFENDANT WAS REQUESTED TO SPEAK PRIVATELY WITH ME, TO WHICH HE DID. THE DEFENDANT WAS THEN READ MIRANDA VIA PRE-PRINTED CARD, AND HE STATED HE UNDERSTOOD HIS RIGHTS, AND AGREED TO SPEAK WITH ME. THE DEFENDANT DENIED THE BURGLARY OR SELLING ANY STOLEN PROPERTY. THE DEFENDANT STATED HE SOLD ONLY WHAT WAS HIS. TO HOWARD'S FLEA MARKET AND A FEW PAWN SHOPS. ALSO PRESENT WAS DEPUTY VIGGIANO, THE DEFENDANT WAS NOT RECORDED AT THIS TIME. THE DEFENDANT WAS EVENTUALLY PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK. THE DEFENDANT WAS THEN SEARCHED FOR CONTRABAND, CIGARETTES AND CHANGE WERE REMOVED FROM THE DEFENDANT'S FRONT POCKET, AND TURNED OVER TO THE DEFENDANT'S GRANDMOTHER . THE DEFENDANT THEN STATED "THANKS A LOT DICK HEAD" AND WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING . UPON HIS ARRIVAL, THE DEFENDANT'S HANDCUFFS WERE REMOVED, CONTACT WAS AGAIN EVENTUALLY MADE WITH THE DEFENDANT BY THIS DETECTIVE. THE DEFENDANT WAS AGAIN RE-READ MIRANDA VIA PRE-PRINTED CARD, AND HE STATED HE UNDERSTOOD HIS RIGHTS AND AGAIN AGREED TO SPEAK WITH ME. THE DEFENDANT'S STATEMENT WAS DIGITALLY RECORDED. THE DEFENDANT DENIED ANY INVOLVEMENT IN THE BURGLARY, BUT NOW STATED HE PERFORMED WORK CLEANING A RESIDENCE NEAR BY HIS OWN HOME, FOR AN UNKNOWN MALE WHO HE CANNOT PROVIDE A NAME FOR. THE DEFENDANT STATED THE MALE WAS MOVING AND HE HELPED THE MALE CLEAN OUT HIS HOME. THE DEFENDANT DENIED EVER BEING ON THE VICTIM'S STREET. THE DEFENDANT ACKNOWLEDGED SELLING PROPERTY TO THE ANTIQUE MALL STORE, HOWEVER, HE CLAIMS THE PROPERTY WAS NOT STOLEN AND CAME FROM THE HOME OF THE UNKNOWN 60 YEAR OLD MALE. THE DEFENDANT WAS UNABLE AT THIS TIME TO FULLY STATE WHAT HE SOLD TO THE ANTIQUE MALL ON 040811, AND STATED HE WAS ONLY AT THAT STORE ONE TIME FOR THE PURPOSE OF SELLING PROPERTY. THIS INTERVIEW THEN CONCLUDED. THE DEFENDANT IS ON PROBATION, AND THIS DETECTIVE IS UNABLE TO CONTACT THE DEFENDANT'S PROBATION OFFICER. NO BOND IS TO BE SET FOR THE DEFENDANT, DUE TO HIM HAVING A NEW LAW VIOLATION OF HIS PROBATION. "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* |
