| Probable cause affidavit: |
SUBMITTED BY: STRICKLAND, DALE 0276 (AR09111630) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: AN ENCLOSED GARAGE, SEPARATE FROM THE RESIDENCE, LOCATED AT 10235 WEST OHIO DRIVE, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: GRAND THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A 2004 KAWASAKI FOUR WHEELER, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000), TO WIT: ACTUAL VALUE $5,000.00, 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 STATUTES 812.014(2)C(1) KNOWINGLY GIVE FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER WHO WAS THEN AND THERE ATTEMPTING TO OBTAIN INFORMATION CONCERNING THE ALLEGED COMMISSION OF ANY CRIME, IS IN VIOLATION OF FLORIDA STATE STATUTE 837.05(1) DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: A 2004 KAWASAKI FOUR WHEELER STARTER SWITCH, 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 102709, AT 0553 HOURS CITRUS COUNTY SHERIFF'S OFFICE RECEIVED A CALL FROM 10235 WEST OHIO DRIVE IN CRYSTAL RIVER REGARDING A BURGLARY IN PROGRESS. THE VICTIM HAD RETURNED HOME AFTER BEING AT WORK ON THE NIGHT SHIFT AND OBSERVED HIS FOUR WHEELER BEING PUSHED BY A WHITE MALE. THE VICTIM INITIALLY BELIEVED IT WAS HIS BROTHER, DUE TO HIM ONLY GLANCING AT THE TRUCK, BUT HE THEN DISCOVERED, AFTER EXITING HIS VEHICLE, THAT THE SUSPECT VEHICLE SPED AWAY, LEAVING THE RAMPS TO THE SUSPECT TRAILER ON THE GROUND. HE ADVISED HE GAVE CHASE, FOLLOWING THE VEHICLE TO THE AREA OF ODESY DRIVE, WHERE IT CRASHED IN A VACANT LOT KNOWN AS ROUND POND. DEPUTIES RESPONDED TO THE SCENE AND DISCOVERED THE VEHICLE AS BEING REGISTERED TO THE DEFENDANT. THE VEHICLE WAS INVENTORIED AND TOWED TO KNIGHTLY AUTO, WHERE IT WAS LATER PROCESSED. AT APPROXIMATELY 0900 HOURS, THE DEFENDANT ARRIVED AT THE CRYSTAL RIVER SUBSTATION TO REPORT HIS 2004 CHEVROLET PICKUP STOLEN. THIS DETECTIVE MADE CONTACT WITH THE DEFENDANT DUE TO THE FACT THAT I WOULD BE WORKING THE BURGLARY CASE AND THE THEFT OF THE VEHICLE BECAUSE OF THEIR CONNECTION. I THEN TOOK A WRITTEN STATEMENT FROM THE DEFENDANT, WHO WAS AT THAT TIME CONSIDERED TO BE THE VICTIM OF AN AUTO THEFT. THE VICTIM STATED THAT HE PARKED HIS 2004 CHEVROLET PICKUP IN HIS DRIVEWAY AT HIS HOME AT SOMETIME BETWEEN 2100 AND 2200 HOURS. HE PUT IN HIS WRITTEN STATEMENT THAT IT OCCURRED ON 102709, WHEN ACTUALLY HE STATED TO ME LAST NIGHT ON 102609. IT SHOULD BE INDICATED THAT THE DEFENDANT WROTE THE WRONG DATE ON HIS STATEMENT. HE FURTHER STATED HE AWOKE THIS MORNING AND DISCOVERED HIS TRUCK AND TRAILER WAS GONE. THE DEFENDANT APPEARED TO BE EXTREMELY CALM WHILE ADVISING HIS TRUCK AND TRAILER HAD BEEN TAKEN. HE ADVISED THE KEYS WERE LEFT IN THE CUP HOLDER OF THE PICKUP TRUCK. THIS DETECTIVE THEN GAVE THE DEFENDANT A RIDE BACK TO HIS RESIDENCE. I THEN RESPONDED TO THE ADDRESS OF THE OCCURRENCE OF THE BURGLARY AT 10235 WEST OHIO DRIVE, WHERE I MADE CONTACT WITH THE VICTIM AND THE VICTIM'S MOTHER. I ASKED THE VICTIM HOW HE THOUGHT THAT THE SUSPECT MIGHT HAVE KNOWN OF THEIR FOUR WHEELER BEING IN THE GARAGE. IT SHOULD BE NOTED THE FOUR WHEELER WAS PARKED IN FRONT OF THE VICTIM'S MOTHER'S CAR WHICH WOULD BLOCK ITS VIEW FROM THE ROADWAY WHEN THE GARAGE DOOR WAS OPEN. HOWEVER, AT THE TIME OF THE BURGLARY THE GARAGE DOOR WAS NOT OPEN. THE VICTIM'S MOTHER STATED SHE THOUGHT THAT SOMEONE OBSERVED AN AD SHE HAD PLACED ON CRAIG'S LIST IN OCALAFORSALE.COM. SHE ALSO ADVISED SHE HAD POSTED THE HOME TELEPHONE NUMBER WHICH CAN BE GOOGLED AND THE ADDRESS CAN BE REVEALED. THIS DETECTIVE, WHILE ON SCENE, OBSERVED THE 2004 KAWASAKI 650 FOUR WHEELER WHICH APPEARED TO BE INTACT EXCEPT FOR THE BROKEN IGNITION. THIS DETECTIVE THEN RESPONDED TO KNIGHTLY AUTO WHERE THE SUSPECT VEHICLE WAS TOWED. UPON ARRIVAL MYSELF AND CRIME SCENE TECHNICIAN SHERRI LEAHY BEGAN TO PROCESS THE VEHICLE. WHILE PROCESSING THE VEHICLE, IT WAS DISCOVERED THAT A NOTEBOOK WAS IN THE VEHICLE. THIS NOTEBOOK APPEARED TO BE THE DEFENDANT'S; MR STEPHEN EILAND. IT HAD INFORMATION WHICH PERTAINED TO CONSTRUCTION WORK IN TENNESSEE. IN THIS SAME BOOK IT WAS DISCOVERED THE VICTIM'S ADDRESS AND TELEPHONE NUMBER IN THIS CASE WAS RECORDED, ALONG WITH THREE OTHER ADDRESSES. IT HAS BEEN SINCE CONFIRMED THAT THOSE ADDRESSES HAD ALL BEEN LISTED ON OCALAFORSALE.COM AND THAT THEY HAD ALL TERRAIN VEHICLES FOR SALE. IT SHOULD ALSO BE NOTED THAT THE DEFENDANT RECEIVED A CITATION EARLIER THIS MONTH RUNNING A RED LIGHT IN KNOXVILLE, TENNESSEE, INDICATING THAT THIS NOTEBOOK WAS DEFINITELY HIS. WHILE PROCESSING THE VEHICLE MR EILAND MADE SEVERAL TELEPHONE CALLS TO MY CELLULAR TELEPHONE. I ADVISED HIM THAT WE WERE STILL PROCESSING THE VEHICLE. AT ONE POINT MR EILAND ARRIVED AT KNIGHTLY AUTO ON FOOT. AFTER OBSERVING OUR OPERATION AND BEING SEEN BY OFFICERS ARRIVING AT KNIGHTLY AUTO, THE DEFENDANT MR EILAND, APPEARED TO BE ATTEMPTING TO ELUDE THIS DETECTIVE AND OTHER OFFICERS. THE DEFENDANT WAS LOCATED IN BURGER KING AND WAS TAKEN INTO CUSTODY AND TRANSPORTED TO THE CRYSTAL RIVER SUBSTATION WHERE THIS DETECTIVE, ALONG WITH DETECTIVE SHARP CONDUCTED AN INTERVIEW WITH THE DEFENDANT. THIS DETECTIVE READ MIRANDA FROM A PREPRINTED CARD AND THE DEFENDANT INDICATED THAT HE UNDERSTOOD ENGLISH AND UNDERSTOOD HIS RIGHTS, AND DID NOT MIND TALKING TO ME. I ADVISED THE DEFENDANT WHY HE WAS BEING ARRESTED, WHICH WAS FOR GRAND THEFT AND HE ASKED, "HOW IS THAT?" THE DEFENDANT WAS ADAMANT ABOUT STATING HE DID NOT KNOW WHAT I WAS TALKING ABOUT. I ASKED THE DEFENDANT IF I SHOWED HIM SOMETHING WHICH I HAD FOUND IN HIS TRUCK, WOULD HE BE ABLE TO CONFIRM THAT IT WAS HIS OR NOT. HE ADVISED, PROBABLY SO, BUT HE WOULD HAVE TO SEE IT FIRST. AT ONE POINT THIS DETECTIVE SHOWED THE DEFENDANT THE NOTEBOOK WHICH HAD BEEN FOUND IN HIS TRUCK, AND ASKED HIM IF THE NOTEBOOK WAS HIS, AT WHICH TIME HE STATED HE DID NOT KNOW FOR SURE, BUT NEEDED TO SEE INSIDE OF IT. I THEN SHOWED THE DEFENDANT SEVERAL PAGES, ONE BY ONE, ASKING HIM IF HE HAD WRITTEN ON THE PAGES. THE DEFENDANT AT SEVERAL POINTS STATED THAT HE WAS NOT SURE. AT ONE POINT HE DID ADMIT TO WRITING ON ONE OF THE PAGES THAT CONTAINED INFORMATION OF CONSTRUCTION WORK HE HAD DONE IN TENNESSEE. THE DEFENDANT INDICATED THAT HE RECOGNIZED THE NAME RUSS AT THE TOP OF THE PAGE WITH A PHONE NUMBER BESIDE IT. I THEN SHOWED THE DEFENDANT THE PAGE WITH THE VICTIM'S ADDRESS ON IT, ALONG WITH THE THREE OTHER ADDRESSES. I ALSO REPEATEDLY ASKED THE DEFENDANT, WHILE SHOWING HIM THIS BOOK, "IS THIS YOUR BOOK", AND HE STATED HE WAS NOT SURE. AT ONE POINT HE STATED HE DID NOT WANT TO TALK TO ME. THE INTERVIEW WAS STOPPED AT THAT TIME. THE DEFENDANT WAS TAKEN INTO CUSTODY, HANDCUFFED (DOUBLE LOCKED) AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT , DUE TO THE FACT THE DEFENDANT HAS BEEN WORKING OUT OF STATE, AND BASED ON STATEMENTS FROM FAMILY MEMBERS, HE WAS SUPPOSE TO BE LEAVING THIS WEEK TO RETURN TO TENNESSEE. THE DEFENDANT IS ALSO CONSIDERED TO BE A FLIGHT RISK BY THIS DETECTIVE BASED ON HIS HISTORY. IT SHOULD BE NOTED THAT THE NOTEBOOK WAS PLACED INTO EVIDENCE FOR PROCESSING ALONG WITH OTHER ITEMS INDICATING THAT THEY WERE USED IN THE COMMISSION OF THIS CRIME. *NOT-EXEMPT* |
