Probable cause affidavit: |
SUBMITTED BY: RUBY, SAMUEL 0562 (2012-1483) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: LOCATED AT 3851 WEST KLETT PATH, LECANTO 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: PETIT THEFT, AND WHILE ON PREMISE COMMITTED BATTERY ON VICTIM, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(3)(B); AND THE DEFENDANT, WAS PLACED ON PROBATION FOR TRAFFICKING IN STOLEN PROPERTY. HIS PROBATION COMMENCED ON 030712. THE DEFENDANT DID VIOLATE THE TERMS OF HIS PROBATION IN VIOLATION OF FLORIDA STATE STATUTE NUMBER 948.06, TO WIT: ARRESTED FOR BURGLARY WITH BATTERY AND PETIT THEFT; AND DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: PORNOGRAPHIC VIDEO, SAID PROPERTY BEING OF A VALUE OF $10.00, 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 060612, A BURGLARY WAS REPORTED AT 3851 WEST KLETT PATH IN LECANTO. THE VICTIM ADVISED DISPATCH THAT HE HAD COME HOME AND THE DEFENDANT, MR STEVEN LANE, INSIDE HIS RESIDENCE. HE ADVISED THAT HE WENT AROUND TO THE REAR OF THE RESIDENCE AND OBSERVED HIS BACK DOOR OPEN. AS HE APPROACHED THE DOOR THE DEFENDANT CAME RUNNING OUT OF THE RESIDENCE AN ATTEMPTED TO TACKLE THE VICTIM. THE VICTIM PUNCHED THE DEFENDANT TWICE WHILE HAVING A KNIFE IN the VICTIMâS RIGHT HAND. HE ADVISED THAT the DEFENDANT RAN FROM THE PROPERTY TOWARDS HIS FATHERâS HOUSE. DEPUTY COX ATTEMPTED TO TRACK THE DEFENDANT WITH HIS CANINE. THEY WERE TRACKING THE DEFENDANT SOUTH ON THE POWER LINE TOWARDS WEST OAK LAWN WHEN DEPUTY HINDERHOFER MADE CONTACT WITH THE DEFENDANT IN FRONT OF 3978 WEST OAK LAWN STREET. THE DEFENDANT WAS HANDCUFFED AND PLACED IN the REAR OF HIS PATROL VEHICLE. DEPUTY HINDERHOFER SEARCHED THE DEFENDANT REMOVING HIS WALLET AND A RED HANDLED FOLDING KNIFE FROM HIS POCKET. I RESPONDED TO DEPUTY HINDERHOFERâS LOCATION. I ASKED THE DEFENDANT TO STEP OUT OF THE VEHICLE WHERE HE WAS READ HIS MIRANDA RIGHTS VIA PRE-PRINTED CARD. THE DEFENDANT STATED THAT HE UNDERSTOOD HIS RIGHTS AND DID WISH TO SPEAK TO ME. I ASKED THE DEFENDANT what HAPPENED AND HE ADVISED THAT HE AND HIS GIRLFRIEND WERE LOOKING FOR CIGARETTES AND HE WENT TO HIS FRIEND KYLEâS HOUSE, WHO IS THE VICTIM. HE ADVISED HE WALKED TO the REAR OF THE RESIDENCE AND SAW THAT the BACK DOOR WAS OPEN. HE ADVISED HE HOLLERED INTO the HOUSE AND NO ONE ANSWERED. HE ADVISED HE THEN WENT INSIDE BECAUSE HE THOUGHT SOMEONE MIGHT BE BURGLARIZING HIS FRIEND. HE ADVISED THAT WHILE INSIDE the RESIDENCE HE PICKED UP A PORNOGRAPHIC VIDEO THAT HE WAS GOING TO BORROW FROM THE VICTIM. I ASKED THE DEFENDANT IF THE VICTIM HAD knowledge OF HIM TAKING THE VIDEO AND HE ADVISED NO. AS HE STARTED TO LEAVE THROUGH THE BACK DOOR THE VICTIM CAME RUNNING AROUND the CORNER OF THE RESIDENCE ASKING HIM WHY HE WAS BREAKING INTO HIS HOUSE AND THE VICTIM STARTED SWINGING AT HIM WITH A KNIFE. HE ADVISED AT THAT TIME HE RAN FROM THE RESIDENCE. MY INTERVIEW WITH THE DEFENDANT WAS DIGITALLY RECORDED AND WILL BE TURNED IN TO EVIDENCE. WHILE ON OAK LAWN STREET SPEAKING WITH THE DEFENDANT, DETECTIVE STRICKLAND AND CAPTAIN SIMMONS BROUGHT THE VICTIM PAST MY LOCATION IN ORDER THE IDENTIFY THE DEFENDANT. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND the BACK and TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. A WITNESS STATEMENT FROM THE VICTIM WAS COLLECTED BY THIS DETECTIVE and ALSO A WRITTEN STATEMENT FROM THE DEFENDANTâS GIRLFRIEND. THESE STATEMENTS WILL BE TURNED IN TO RECORDS. THE DEFENDANT WAS CHARGED WITH BURGLARY WITH BATTERY, BOND SET AT $25,000.00 AND PETIT THEFT, BOND SET AT $500.00. IT WAS LEARNED BY THIS DETECTIVE THAT THE DEFENDANT WAS ON 3 YEARS FELONY PROBATION FOR TRAFFICKING STOLEN PROPERTY. THE START DATE OF HIS PROBATION WAS 030712 AND ENDING ON 030615. THE DEFENDANTâS PROBATION OFFICE IS SCOTTY SCRIVENS. THE DEFENDANTâS PROBATION WILL BE VIOLATED BY THIS DETECTIVE WITH NO BOND. |