| Probable cause affidavit: |
SUBMITTED BY: VICK, BRYAN 0684 (AR12124258) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE VICTIM'S RESIDENCE , LOCATED AT 7000 WEST PERSHING DRIVE, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MR JOSEPH ARKENS, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(A); DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, MR JOSEPH ARKENS, TO WIT: $13.00 IN CASH AND TWO CREDIT CARDS, SAID PROPERTY BEING OF A VALUE OF $15.00 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(3)(A). ON 010412, A BURGLARY AT 7000 WEST PERSHING DRIVE IN HOMOSASSA WAS REPORTED. THE VICTIM ADVISED THAT AT APPROXIMATELY 1600 HOURS, THE DEFENDANT, MR TAD SIMMS, KNOCKED ON HIS DOOR AND REQUESTED PERMISSION TO USE THEIR RESTROOM INSIDE THEIR RESIDENCE. THE VICTIM, MR JOSEPH ARKENS, WHO IS 94 YEARS OF AGE, TOLD THE DEFENDANT THAT HE COULD NOT GO INSIDE HIS RESIDENCE. THE DEFENDANT THEN WALKED PAST THE VICTIM INSIDE HIS RESIDENCE. THE VICTIM THEN TOLD THE DEFENDANT THAT HE NEEDED TO LEAVE AND THAT HE WAS NOT WELCOME. THE DEFENDANT ADVISED THAT HE NEEDED TO USE THE RESTROOM AND WALKED INTO THE RESTROOM AND CLOSED THE DOOR BEHIND HIM. I OBSERVED THE RESTROOM WHERE THE DEFENDANT HAD BEEN, WHICH HAS A DOOR THAT LEADS INTO THE VICTIM'S BEDROOM. IMMEDIATELY INSIDE THE VICTIM'S BEDROOM IS A DRESSER WHERE THE VICTIM KEEPS HIS WALLET. UPON THE DEFENDANT EXITING THE RESTROOM AND LEAVING THE RESIDENCE, THE VICTIM ENTERED HIS BEDROOM AND OBSERVED THAT HIS WALLET WAS MISSING. THE VICTIM THEN ENTERED THE BATHROOM WHERE THE DEFENDANT HAD BEEN AND OBSERVED HIS WALLET CONCEALED BEHIND A TISSUE BOX AND UPON CLOSER EXAMINATION, HE OBSERVED HIS CASH AND TWO CREDIT CARDS TO BE MISSING. THE VICTIM ADVISED THAT THERE WAS APPROXIMATELY $13.00 INSIDE HIS WALLET. I THEN MADE CONTACT WITH THE WITNESS, MS VIVAN ARKENS, WHO WAS PRESENT WHEN THE EVENTS HAD OCCURRED AND SHE PROVIDED THE SAME RECOLLECTION OF EVENTS. SHE ADVISED SHE TOLD THE DEFENDANT TO LEAVE THE RESIDENCE MULTIPLE TIMES AND UPON HIM LEAVING THE RESTROOM, HE EXITED THE RESIDENCE QUICKLY. MR ARKENS THEN CONTACTED THIS AGENCY AND ADVISED THAT HE WISHED TO PURSUE CHARGES ON THE DEFENDANT. THE VICTIM ADVISED THAT HE KNOWS WHO THE DEFENDANT IS, BECAUSE THE DEFENDANT HAS PERFORMED YARD WORK FOR HIM IN THE PAST AND WAS ASKING TO DO YARD WORK PRIOR TO USING THE RESTROOM ON 010412. ON 010512, DETECTIVE LAMBERT MADE CONTACT WITH THE VICTIM'S NEIGHBOR WHO ADVISED THAT HE DID OBSERVE THE DEFENDANT TO BE AT THE VICTIM'S RESIDENCE DURING THE TIME OF THE BURGLARY AND HE OBSERVED THE DEFENDANT LEAVING THE RESIDENCE APPROXIMATELY FIVE MINUTES LATER. ON 010512 AT APPROXIMATELY 1830 HOURS, I RESPONDED TO 6840 WEST ROSEDALE DRIVE , WHERE I MADE CONTACT WITH THE DEFENDANT. HE WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, I CONDUCTED AN INTERVIEW WITH THE DEFENDANT. PRIOR TO ANY QUESTIONING, I READ THE DEFENDANT HIS MIRANDA VIA PREPRINTED CARD. I ASKED THE DEFENDANT IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE STATED THAT HE DID. I THEN ASKED THE DEFENDANT IF HE WISHED TO SPEAK TO ME, WHICH HE ADVISED THAT HE WOULD. THE DEFENDANT THEN SAID "I CAN'T BELIEVE I'M GOING TO TELL ON MYSELF". THE DEFENDANT ADVISED THAT WHILE LOOKING FOR YARD WORK ON 010412, HE KNOCKED ON SOMEONE'S DOOR, LATER DETERMINED TO BE THE VICTIM, AND ASKED HIM FOR YARD WORK. THE DEFENDANT ADVISED THAT THE VICTIM ALLOWED HIM TO ENTER THE RESIDENCE TO USE THE RESTROOM. THE DEFENDANT STATED THAT WHILE IN THE RESTROOM, HE OBSERVED THE VICTIM'S WALLET ON THE SINK. THE DEFENDANT ADVISED THAT HE OPENED THE WALLET AND TOOK OUT $5.00 IN CASH AND PUT THE WALLET BACK. HE STATED THAT HE DID NOT TAKE ANY CREDIT CARDS. THE DEFENDANT TOLD ME MULTIPLE TIMES THAT HE IS SORRY FOR WHAT HE DID AND WISHED THAT IT HAD NEVER HAPPENED. THE DEFENDANT FURTHER STATED THAT HE HAS AN ADDICTION TO OPIATES AND THAT IF HE WAS NOT ADDICTED TO OXYCODONE, THEN HE WOULD NOT HAVE STOLEN THE VICTIM'S MONEY. THE DEFENDANT COMPLETED A SWORN WITTEN STATEMENT WHICH WILL BE SUBMITTED TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) RECORDS DIVISION. THE DEFENDANT WAS CHARGED WITH BURGLARY TO AN OCCUPIED RESIDENCE AND PETIT THEFT. THE DEFENDANT'S BOND WAS SET AT A TOTAL OF $5,250.00 PER THE BOND SCHEDULE. "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* |
