| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, TODD 0463 (AR11123306) DID HAVING BEEN CONVICTED OF A FELONY, UNLAWFULLY OWN OR HAVE IN HIS CARE, CUSTODY, POSSESSION OR CONTROL AMMUNITION, IN VIOLATION OF FLORIDA STATUTE 790.23(1)(A). ON 102611, CONTACT WAS MADE WITH the DEFENDANT, MR THOMAS HALA, IN REFERENCE TO POSSESSION OF A AMMUNITION BY A CONVICTED FELON. ON 101211, DEPUTY JOHNSON AND I RESPONDED TO 8107 WEST MAYFAIR DRIVE IN HOMOSASSA, TO RETRIEVE A FIREARM that HAD BEEN STOLEN IN REFERENCE TO CASE 11100170. DURING AN INTERVIEW WITH THE DEFENDANT IN THAT CASE, MR RICHARD BOLGER, HE ADMITTED THAT A GUY NAMED "TOM" WAS SOLD A PISTOL FOR $200.00 BY THE CO-DEFENDANT IN THAT CASE, MR DEREK SPINAZOLA. HE FURTHER STATED UNDER OATH THAT TOM KNEW THE PISTOL WAS STOLEN AND HE DID NOT KNOW TOM'S LAST NAME. HE PROVIDED DETAILED INSTRUCTIONS ON HOW TO GET TO HIS RESIDENCE AND INCLUDED IN THE DESCRIPTION THAT THE DRIVEWAY HAD A WARNING SYSTEM ONCE YOU ENTERED THE PROPERTY, WHICH IT DID. UPON ARRIVAL CONTACT WAS MADE WITH MS JUDY HALA (WITNESS) WHO IS THE WIFE OF SUSPECT THOMAS HALA. AT THAT TIME, SHE WAS ADVISED OF THE REASON FOR OUR BEING THERE. MS HALA THEN ADVISED THAT SHE AND MR HALA HAD TALKED ABOUT HOW ROGER AND MR SPINAZOLA HAD GOTTEN ARRESTED AND MR HALA WAS WORRIED ABOUT THE PISTOL HE HAD PURCHASED. I ADVISED MS HALA THAT AT THIS TIME I ONLY WANTED THE PISTOL BACK, AND IF IT WAS RETURNED, I WOULD NOT SEEK ANY CHARGES AGAINST HER HUSBAND. SHE WAS ASKED WHERE MR HALA WAS, AT WHICH TIME, SHE ADVISED THAT HE TOOK THE KIDS TO THE DENTIST. SHE WAS THEN ASKED WHERE THE PISTOL WAS, WHERE SHE STATED THAT SHE BELIEVED IT WAS IN THE SAFE. I ASKED MS HALA TO RETRIEVE THE PISTOL FOR ME AND SHE ADVISED THAT SHE COULD NOT SINCE her HUSBAND HAD NOT ALLOWED HER TO KNOW THE COMBINATION TO THE SAFE. I THEN ASKED MS HALA TO CALL HER HUSBAND AND INFORM HIM THAT HE NEEDED TO GIVE THE GUN BACK. WHEN SHE DID THIS, I COULD ONLY HEAR HER SIDE OF THE CONVERSATION. I HEARD MS HALA SAY TO HER HUSBAND THAT SHE HAD ALREADY TOLD US THAT SHE HAD THE PISTOL, AT WHICH TIME, MR HALA HUNG UP ON HER. MS HALA THEN CALLED HIM BACK, AT WHICH TIME, HE ADVISED THAT HE WOULD BE HOME SHORTLY. UPON HIS ARRIVAL, I EXPLAINED TO MR HALA THAT I WANTED THE PISTOL AND DID NOT INTEND TO PURSUE CHARGES AGAINST HIM FOR ANY REASON ALTHOUGH I KNEW HE WAS A CONVICTED FELON. HE STATED THAT HE DID NOT BUY A PISTOL FROM MR SPINAZOLA. HE STATED THAT MR SPINAZOLA BROUGHT THE PISTOL TO HIS PROPERTY ONE DAY AND SHOT IT WITH ANOTHER GUY, BUT AT NO TIME DID HE ACTUALLY BUY A GUN. I ASKED HIM IF HE HAD ANY GUNS, AT WHICH TIME, HE SAID HE COULD NOT DUE TO BEING A CONVICTED FELON. I REPEATED MY QUESTION ABOUT THE STOLEN GUN BEING PURCHASED. HE STATED THAT THE ONLY GUN HE HAD WAS 40 CALIBER GLOCK WHICH HE HAD PRIOR TO BECOMING A CONVICTED FELON. I ASKED IF I COULD SEE THAT GUN WHICH HE ADVISED WAS IN THE RESIDENCE AND HE WOULD GO AND GET IT. AT THAT TIME DEPUTY JOHNSON FOLLOWED MR HALA WHERE HE LOOKED AROUND THE BEDROOM FOR HIS GUN. HE ALSO LOOKED IN THE GUN SAFE IN THE CLOSET, AND AFTER DOING SO, HE STATED THAT HE COULD NOT FIND IT AND COULD NOT REMEMBER WHERE HE PUT IT. I ASKED HIM IF I COULD LOOK INSIDE THE SAFE WHICH HE ALLOWED ME TO DO. I DID NOT SEE ANY GUNS IN THE SAFE, BUT MR HALA THEN STATED TO ME TO MAKE SURE TO LOOK UNDER THE BOTTOM SHELF. AT THAT TIME HE PULLED UP THE RIGHT SIDE OF THE SHELF SO I COULD SEE IT AND THERE WAS nothing THERE. I THEN PULLED THE SHELF UP ON THE LEFT SIDE WHERE I SAW ONE FULL BOX OF 12 GAUGE SHOTGUN SHELLS. WHEN I ASKED WHO THEY BELONGED TO, MR HALA ADVISED THEY BELONGED TO HIS SON WHO IS CURRENTLY IN AFGHANISTAN. I LOOKED FURTHER, BUT COULD NOT LOCATE ANY GUNS. I ASKED MR HALA WHO else HAD ACCESS TO THE SAFE WHERE HE STATED HIS SON IN AFGHANISTAN AND HIS DAUGHTER IN LAW WHO LIVES UP NORTH. TO CLARIFY, I ASKED MR HALA IF ANYONE who LIVES IN THE RESIDENCE HAD ACCESS TO THE SAFE WHERE HE STATED, NO. I AGAIN SPOKE WITH MS HALA AND ASKED HER ABOUT THE GUN. SHE STATED THAT SHE HAS TO LIVE IN THE HOUSE, DID NOT WANT ANY PROBLEMS AND ALSO STATED SHE MAY HAVE BEEN MISTAKEN. I WAS THEN CONTACTED BY MS MICHELLE FERGUSON OF CRIME INTELLIGENCE BY TELEPHONE. SHE STATED THAT SHE CONTACTED THE STATE AND CLEMENCY BOARD. SHE ADVISED THEY GAVE HER A VERBAL CONFIRMATION THAT THE DEFENDANT HAS NOT HAD HIS RIGHTS RESTORED SO HE CANNOT HAVE FIREARMS OR AMMUNITION. ALSO, A CHECK REVEALED THAT MR HALA HAS NOT REGISTERED AS A CONVICTED FELON. ON 102511, I RECEIVED A LETTER FROM THE OFFICE OF EXECUTIVE CLEMENCY WHICH STATED THAT THOMAS HALA HAD NO RESTORATION OF CIVIL RIGHTS AND THERE IS NO PENDING AFFIDAVIT PER TAWANA HAYES, CERTIFIED PAROLE EXECUTIVE, ON BEHALF OF JULIA MCCALL, COORDINATOR OF OFFICE OF EXECUTOR OF CLEMENCY. THE DEFENDANT WAS PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED), AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING WHERE HIS BOND WAS SET AT $5,000.00. "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* |
