| Probable cause affidavit: |
SUBMITTED BY: CRISAFI, ANDRA 0464 (AR16-20642)(16-113941) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: SCALLY'S AUTOMOTIVE, LOCATED AT 12059 NORTH FLORIDA AVENUE, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MR ROBERT SCALLY, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: ENTERED THE VEHICLE AND REMOVED A CELLULAR TELEPHONE, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4)(B); DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: SCALLY'S AUTOMOTIVE, LOCATED AT 12059 NORTH FLORIDA AVENUE, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MR ROBERT SCALLY, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: ENTERED THE VEHICLE AND REMOVED A CELLULAR TELEPHONE AND A SET OF VEHICLE KEYS, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4)(B); DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: SCALLY'S AUTOMOTIVE, LOCATED AT 12059 NORTH FLORIDA AVENUE, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MR ROBERT SCALLY, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: ATTEMPTED TO REMOVE THE CASH REGISTER, REMOVED THREE CELLULAR TELEPHONES, TWO SETS OF KEYS (ONE SET OF KEYS BELONGING TO THE BUILDING AND ONE SET OF KEYS BELONGING TO A VEHICLE THERE FOR SERVICE), IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4)(A); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: SCALLY'S AUTOMOTIVE OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: REMOVING THREE CELLULAR TELEPHONES AND TWO SETS OF KEYS 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; DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF SCALLY'S AUTOMOTIVE, TO-WIT: SHATTERED A LARGE FRONT WINDOW, PUT HOLES IN THE WALLS, DAMAGED TWO COMPUTERS AND A CASH REGISTER, SAID DAMAGE BEING OF A VALUE OF $1,000.00 OR MORE, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)(1); DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF MR ROBERT SCALLY, TO-WIT: SMASHED ALL OF THE WINDOWS IN A CORVETTE AND DAMAGED THE SEAT, SAID DAMAGE BEING OF A VALUE OF $1,000.00 OR MORE, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(A) AND 806.13(1)(B)(1). ON 082016, I RESPONDED TO SCALLY'S AUTOMOTIVE IN REFERENCE TO AN ALARM INDICATING WINDOW BREAK. WHILE EN ROUTE I WAS ADVISED THAT THE OWNER, MR ROBERT SCALLY, WAS ON SCENE AND ADVISED THAT THE FRONT WINDOW TO HIS BUSINESS HAD BEEN SHATTERED. UPON ARRIVING, I NOTICED THAT THE WINDOW IN FACT WAS SHATTERED, AS WERE THE WINDOWS TO A 2009 BLACK CORVETTE. SOON AFTER I ARRIVED ON SCENE OTHER DEPUTIES ALSO ARRIVED AND SET UP A PERIMETER. WHILE I WAS WAITING FOR CANINE DEPUTY INDORATO (0712) TO ARRIVE ON SCENE I NOTICED A LARGE DUKE ENERGY TRUCK ON THE SIDE OF THE BUILDING THAT WAS RUNNING WITH THE LIGHTS ON. MR SCALLY STATED IT APPEARED AS THOUGH THE SUSPECT MAY HAVE BEEN TRYING TO TAKE THAT VEHICLE AS WELL. I WAS ADVISED THAT THERE WAS ANOTHER INTERNAL ALARM GOING OFF IN THE GARAGE BAY AREA. AS LIEUTENANT NOVY (0221) ARRIVED ON SCENE WE DID HEAR SOME TYPE OF MOVEMENT IN THE GARAGE AREA. WHEN CANINE DEPUTY INDORATO ARRIVED ON SCENE HE AND HIS CANINE PARTNER REPO, ALONG WITH SERGEANT CALLAHAN (0643) ENTERED THE BUILDING AND BEGAN A SEARCH. WITHIN A MINUTE OR SO THEY WERE ABLE TO LOCATE THE DEFENDANT, IDENTIFIED AS MR THOMAS MCMILLIAN, INSIDE OF A VEHICLE IN THE GARAGE BAY. AT THAT TIME THE DEFENDANT WAS DETAINED AND ESCORTED OUT OF THE BUILDING. AFTER THE DEFENDANT HAD BEEN DETAINED HE WAS WEARING A WHITE UTILITY TYPE GLOVE. WHILE WE WERE ACCESSING THE DAMAGE TO THE BUILDING AND VEHICLE WE LOCATED THE MATE TO THE GLOVE LYING ON THE FLOOR IN THE OFFICE AREA. THE DEFENDANT WAS PLACED IN THE REAR OF MY PATROL VEHICLE BY SERGEANT CALLAHAN. DEPUTY FELIX (1284) STOOD BY WITH THE DEFENDANT WHILE DEPUTY INDORATO AND SERGEANT CALLAHAN CONTINUED TO CLEAR THE REST OF THE BUILDING WHILE I STOOD BY AT ANOTHER DOOR TO AN OFFICE. AFTER THE BUILDING WAS CLEARED WE BEGAN TO OBSERVE THE DAMAGED AND WHAT HAD POSSIBLY BEEN REMOVED. IT APPEARED AS THOUGH THE CASH REGISTER HAD BEEN MOVED AND THE DRAWER WAS PULLED OUT. IT APPEARED THAT SEVERAL COMPUTERS WERE BROKEN; A HOLE WAS IN THE OFFICE WALL, AND ANOTHER WINDOW HAD BEEN SHATTERED. WE DID DO A PERIMETER CHECK OF THE PROPERTY AND LOCATED NOTHING ELSE. SERGEANT CALLAHAN SHOWED ME WHERE HE AND DEPUTY INDORATO SEARCHED FOR THE DEFENDANT AND WHERE THEY EVENTUALLY FOUND THE DEFENDANT. THE DEFENDANT WAS FOUND IN A CLIENT'S VEHICLE THAT WAS THERE FOR SERVICE, WHICH HAD A FLORIDA LICENSE PLATE OF BHYG85. THE DEFENDANT WAS FOUND SITTING IN THE DRIVER SEAT WITH THE KEY TO THAT VEHICLE IN HIS POCKET. WE THEN WENT TO OBSERVE THE CORVETTE'S EXTERIOR AND IT APPEARED THAT THE WINDOWS HAD BEEN SHATTERED BY A COMPUTER USED TO DIAGNOSE THE INTERNAL COMPUTERS OF VEHICLES. IT APPEARED AS THOUGH THE SEAT HAD BEEN DAMAGED AS WELL; IT WAS BELIEVED THAT A CELLULAR TELEPHONE WAS TAKEN OUT OF THAT VEHICLE. IT WAS UNCLEAR WHY THE DEFENDANT ENTERED THE DUKE ENERGY UTILITY TRUCK AND STARTED IT, BUT AT THIS TIME IT WAS UNKNOWN WHAT WAS TAKEN OUT OF THAT VEHICLE. SHORTLY AFTER THAT SERGEANT CALLAHAN AND I WENT TO SPEAK TO THE DEFENDANT, HOWEVER PRIOR TO THAT I READ THE DEFENDANT HIS MIRANDA RIGHTS VIA A PREPRINTED AGENCY CARD. THE DEFENDANT STATED HE UNDERSTOOD AND WAS WILLING TO SPEAK TO US. AT THAT TIME SERGEANT CALLAHAN STARTED TO ASKED THE DEFENDANT QUESTIONS AND I JUST OBSERVED. THE DEFENDANT STATED THAT THERE WERE PEOPLE OUTSIDE FIGHTING SO HE WENT INTO THE BUILDING TO GET AWAY FROM THEM. THE DEFENDANT THEN STATED HE TOOK THE CELLULAR TELEPHONE OUT OF A VEHICLE AND AS HE WENT INTO THE VEHICLE HE STATED HE DID TAKE SOME VEHICLE KEYS. SERGEANT CALLAHAN THEN ASKED HIM WHY HE WAS IN THE VEHICLE IN THE GARAGE BAY AND WHY HE HAD THAT VEHICLE KEY IN HIS POCKET; THE DEFENDANT STATED HE WAS VERY COLD AND WAS TRYING TO GET WARM. IT SHOULD BE NOTED THE EXTERNAL TEMPERATURE ON THIS DATE AT THIS TIME WAS 83 DEGREES. WHEN ASKED WHY HE HAD TAKEN THE CELLULAR TELEPHONE HE DID NOT ACKNOWLEDGE THAT HE REMOVED THEM FROM THE VEHICLES. AFTER A SHORT PERIOD OF TIME THE VICTIM, MR ROBERT SCALLY, IDENTIFIED THREE OF THE CELLULAR TELEPHONES AS BEING HIS, AND ALSO CONFIRMED THAT THE SETS OF KEYS THAT THE DEFENDANT HAD WERE UTILITY KEYS TO HIS BUILDING AND KEYS THAT BELONGED TO VEHICLES THAT WERE THERE FOR SERVICE. SERGEANT CALLAHAN ADVISED THAT THE CRIME SCENE SPECIALISTS WOULD BE EN ROUTE, AS WELL AS A PROPERTY CRIMES DETECTIVE AND THAT HE WOULD BE STANDING BY FOR THEM. AT THAT TIME THE DEFENDANT WAS ADVISED HE WAS UNDER ARREST AND WAS GOING TO BE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) AND SEAT BELTED IN THE VEHICLE. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS CHARGED WITH TWO COUNTS OF BURGLARY TO A CONVEYANCE WITH THE BOND SET AT $10,000.00 ($5,000.00 PER COUNT), ONE COUNT OF BURGLARY TO AN UNOCCUPIED STRUCTURE BOND SET AT $5,000.00, ONE COUNT OF GRAND THEFT BOND SET AT $2,000.00, AND TWO COUNTS OF CRIMINAL MISCHIEF BOND SET AT $10,000.00 ($5,000.00 PER COUNT). IT SHOULD BE NOTED THAT THERE WAS NO VEHICLE INFORMATION ON THE VEHICLE OWNERS AT THIS TIME BUT THEY WERE IN THE CARE OF SCALLY'S AUTOMOTIVE. |
