| Probable cause affidavit: |
SUBMITTED BY: LIOTTA, KATHLEEN 0417 (AR11120451) DID SOLICIT, LURE OR ENTICE, OR ATTEMPT TO SOLICIT, LURE, OR ENTICE A PARENT, LEGAL GUARDIAN, OR CUSTODIAN OF A CHILD OR A PERSON BELIEVED TO BE A PARENT, LEGAL GUARDIAN, OR CUSTODIAN OF A CHILD TO CONSENT TO THE PARTICIPATION OF SUCH CHILD IN AN ACT DESCRIBED IN CHAPTER 794, CHAPTER 800, OR CHAPTER 827, OR TO OTHERWISE ENGAGE IN ANY SEXUAL CONDUCT WITH THE USE OF A CELLULAR TELEPHONE IN VIOLATION OF FLORIDA'S STATE STATUTE 847.0135(3)(B). (AND) DID TRAVEL TO SOLICIT, LURE, OR ENTICE OR ATTEMPT TO SOLICIT, LURE, OR ENTICE A PARENT, LEGAL GUARDIAN, OR CUSTODIAN OF A CHILD OR A PERSON BELIEVED TO BE A PARENT, LEGAL GUARDIAN, OR CUSTODIAN OF A CHILD TO CONSENT TO THE PARTICIPATION OF SUCH CHILD IN ANY ACT DESCRIBED IN CHAPTER 794, CHAPTER 800, OR CHAPTER 827, OR TO OTHERWISE ENGAGE IN ANY SEXUAL CONDUCT, IN VIOLATION OF FLORIDA'S STATE STATUTE 847.0135(4)(B). (AND) DID ATTEMPT TO COMMIT AN OFFENSE PROHIBITED BY LAW TO WIT SEXUALLY BATTERY ON A CHILD UNDER THE AGE OF 12, AND IN SUCH ATTEMPT DOES ANY ACT TOWARD THE OFFENSE (TRAVELED TO CITRUS COUNTY/INVERNESS TO THE POTENTIAL EIGHT YEAR OLD CHILD'S LOCATION) BUT FAILED IN THE PERPETRATION AND WAS INTERCEPTED AND PREVENTED IN THE EXECUTION THERE OF, VIOLATING THE FLORIDA STATE STATUTE PERTAINING TO CRIMINAL ATTEMPT OF SEXUAL BATTER OF A CHILD UNDER 12, FLORIDA STATE STATUTE 777.04 AND 794.011 (2). (AND) DID USE A TWO WAY COMMUNICATION DEVICE TO WIT: T MOBILE CELLULAR PHONE, TO FACILITATE OR FURTHER THE COMMISSION OF A FELONY OR FELONIES (AS INDICATED IN THE ABOVE THREE PARAGRAPHS) IN VIOLATION OF FLORIDA'S STATE STATUTE 934.215 (AND) DID HAVE IN HIS POSSESSION, MARIJUANA NOT EXCEEDING 20 GRAMS, IN VIOLATION OF FLORIDA STATE STATUE 893.13 (AND) DID HAVE IN HIS POSSESSION, PARAPHERNALIA COMMONLY USED TO INHALE, INGEST OR OTHERWISE INTRODUCE INTO THE HUMAN BODY A CONTROLLED SUBSTANCE TO WIT: A GLASS MARIJUANA PIPE (BROWN WITH A BLACK FROG ON IT) WITH MARIJUANA RESIDUE IN IT; IN VIOLATION OF FLORIDA STATE STATUTE 893.147 ON 042111 DETECTIVE PRUITT CREATED A PROFILE ON AN E-COMMERCE WEBSITE. THE PROFILE WAS ENTITLED, "SEEKING GUIDANCE FOR MY YUNG ONE." IN THE "ABOUT ME" SECTION DETECTIVE PRUITT STATED, "I AM A SINGLE MOM SEEKING HELP WITH MY DAUGHTER. I AM LOOKING FOR A GENTLE MAN TO HELP TEACH HER ABOUT LIFE AND I CAN'T DO THAT. IF YOU CAN HELP ME WITH THIS PLEASE REPLY. LOOKING FOR A MAN TO CUM TO THE HOUSE AND HELP HER LEARN.” APPROXIMATELY ONE MINUTE AFTER THE PROFILE WAS POSTED A SUBJECT WITH INSTANT MESSAGE NAME "TGUN74" INSTANT MESSAGED ME WITH "HI. TOMMY FROM BOYNTON BEACH NICE TO MEET YOU". THE SUBJECT ASKED IF THEY COULD TALK ON THE PHONE AND DETECTIVE PRUITT PROVIDED HIM WITH HER UNDERCOVER CELL PHONE NUMBER. THE SUBJECT CALLED HER AND SHE ADVISED HIM THAT SHE WAS LOOKING FOR A MAN TO HELP SHOW HER 8 YEAR OLD DAUGHTER HOW TO PLEASE A MAN SEXUALLY. HE ADVISED HE COULD GET INTO A LOT OF TROUBLE AND HE SAID HE DID NOT WANT TO INCRIMINATE HIMSELF ON THE PHONE OR ON THE INTERNET AND STATED, "LET'S JUST SAY YOU CAN READ BETWEEN THE LINES." DETECTIVE PRUITT ADVISED THE DEFENDANT SHE WANTED TO BE CLEAR IN THAT SHE WAS LOOKING FOR SOMEONE TO SHOW HER DAUGHTER ABOUT SEX AND IF HE DID NOT WANT TO BE WITH HER DAUGHTER THEN SHE WOULD UNDERSTAND AND MOVE ON. THE DEFENDANT STATED, "I WOULDN'T BE TALKING TO YOU IF I DIDN'T." HE ALSO STATED, "I'M NOT HERE TO WASTE YOUR TIME PUT IT THAT WAY SO READ BETWEEN THE LINES AND I'M NOT TRYING TO MAKE IT OBVIOUS THOUGH." THE DEFENDANT ALSO STATED, "IT CAN'T BE ANYTHING REALLY SERIOUS BECAUSE SHE, YOU KNOW, THE AGE DIFFERENCE, THERE BUT LIKE YOU GOTTA KINDA KEEP IT QUIET. WILL YOUR DAUGHTER TELL ANYONE BEHIND YOUR BACK?" DURING ONE PHONE CALL THE DEFENDANT ASKED IF DETECTIVE PRUITT COULD PARTICIPATE WITH HIM AND HER 8 YEAR OLD DAUGHTER THE FIRST COUPLE OF TIMES THEY HAD SEXUAL RELATIONS, AT LEAST UNTIL HE FELT COMFORTABLE. THE DEFENDANT ALSO ASKED IF THE 8 YEAR OLD'S "CHERRY" HAD BEEN "POPPED". THE DEFENDANT ALSO ASKED IF HE COULD BRING MARIJUANA WITH HIM AND ASKED IF DETECTIVE PRUITT WOULD LET HER 8 YEAR OLD DAUGHTER SMOKE IT WITH THEM. DURING ANOTHER PHONE CALL ON THE SAME DATE HE ADVISED DETECTIVE PRUITT THAT HE WANTED HER (THE MOTHER) AND THE 8 YEAR OLD DAUGHTER TO PERFORM ORAL SEX ON EACH OTHER WHILE HE WAS THERE. HE ALSO ASKED, "WHAT IF SHE (JESS, THE 8YO) WAS REALLY INTO ME AND I WAS ATTRACTED TO HER TOO? HOW WOULD YOU FEEL ABOUT THAT?" HE ASKED DETECTIVE PRUITT IF JESS WANTED HIM TO SLEEP IN HER ROOM AT NIGHT WOULD SHE LET HIM. DETECTIVE PRUITT ADVISED HIM THAT AS LONG AS HE DID NOT HURT HER THAT WOULD BE OKAY AND HE REPLIED, "I WOULDN'T HURT HER (JESS). I WOULD DO STUFF WITH HER BUT I WOULDN'T HURT HER." THE DEFENDANT ADVISED DETECTIVE PRUITT THAT HE WAS UP TO DOING ANYTHING THE MOTHER WANTED HIM TO DO THE 8 YEAR OLD. HE ADVISED THAT HE WAS GOING TO BRING JESS A PRESENT TO GIVE HER WHEN HE MEETS HER. ON 042511, AT APPROXIMATELY 0830, HOURS DETECTIVE PRUITT RECEIVED A TEXT MESSAGE FROM THE SUBJECT ADVISING HE WAS ON HIS WAY. HE STATED TO HER THAT HE WOULD CALL HER WHEN HE WAS CLOSER FOR DIRECTIONS. THE DEFENDANT ADVISED HER THAT HE WOULD BE ARRIVING IN A YELLOW PICK UP TRUCK. AS THE DEFENDANT GOT CLOSER, DET. PRUITT PROVIDED HIM WITH DIRECTIONS TO THE UNDERCOVER LOCATION. YOUR AFFIANT AND OTHER DETECTIVES FROM THE SPECIAL VICTIMS UNIT AWAITED THE ARRIVAL OF THE DEFENDANT. AT APPROXIMATELY 1139 HOURS THE DEFENDANT DROVE TO THE UNDERCOVER LOCATION IN A NISSAN FRONTIER TRUCK (YELLOW IN COLOR) AND WALKED UP TO THE RESIDENCE AND KNOCKED ON THE DOOR. THE DEFENDANT WAS APPREHENDED AT THIS TIME. WHILE THE CCSO DETECTIVES WERE IMPOUNDING THE DEFENDANT'S VEHICLE, APPROXIMATELY 10 GRAMS OF MARIJUANA WAS FOUND IN THE VEHICLE. WRAPPED IN A TOWEL BEHIND THE SEAT. DETECTIVES ALSO LOCATED THE PARAPHERNALIA FROM INSIDE THE VEHICLE. YOUR AFFIANT MADE CONTACT WITH THE DEFENDANT AND READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD TO WHICH HE STATED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK. THE DEFENDANT ADMITTED TO DRIVING TO THE LOCATION TO MEET WITH THE MOTHER OF THE EIGHT YEAR OLD CHILD. HE DENIED THAT HE HAD COME TO THE HOUSE TO HAVE SEXUAL ACTIVITY WITH THE CHILD. I HAD ALREADY REVIEWED DET. PRUITT'S CASE FILE, CHAT LOGS AND CONVERSATIONS WITH THE DEFENDANT. DURING THESE CONVERSATIONS, THE DEFENDANT TALKED ABOUT COMING TO THE POTENTIAL EIGHT YEAR OLD VICTIM'S HOUSE TO HAVE SEXUAL ACTIVITY WITH HER, AS INDICATED ABOVE. DURING MY INTERVIEW WITH THIS DEFENDANT, HE CONFIRMED PERTINENT INFORMATION RELATED TO THE CHAT LOG AND TO THE PHONE CALLS. HE CONFIRMED HIS PHONE NUMBER, AS WELL AS DET. PRUITT'S PHONE NUMBER. HE IDENTIFIED PHOTOGRAPHS THAT HE AND DET. PRUITT HAD EXCHANGED. I SHOWED THE DEFENDANT THE CHAT LOGS SHOWING HIS SCREEN NAME AND DET. PRUITT'S UNDERCOVER SCREEN NAME AND HE CONFIRMED THAT THEY WERE CORRECT. HE ALSO CONFIRMED THE SITE HE AND DET. PRUITT ORIGINALLY MET AND CHATTED ON. HE ADMITTED TO USING HIS T-MOBILE CELL PHONE TO TEXT AND COMMUNICATE WITH DET. PRUITT REGARDING COMMITTING THE ABOVE LISTED FELONIES. HE ADMITTED TO USING HIS WORK COMPUTER AND HIS LAPTOP TO COMMUNICATE AND VIEW PICTURES AFFILIATED WITH THIS INVESTIGATION. . DURING ONE OF THE CONVERSATIONS WITH DET. PRUITT, THE DEFENDANT AND SHE DISCUSSED BRINGING SOMETHING FOR THE 8 YEAR OLD CHILD TO SERVE AS AN ICE BREAKER. THEY HAD TALKED ABOUT THE DEFENDANT BRING CANDY, POSSIBLY EASTER CANDY. UPON ARRIVAL AND THE IMPOUNDING OF HIS VEHICLE, DETECTIVES LOCATED THREE BUNNY CRISPS CHOCOLATE BUNNIES, LIFESAVER GUMMIES AND CHOCOLATE EGGS. THESE ITEMS WERE PURCHASED AT A WAL-MART ON 042411 AT APPROXIMATELY 2320 HOURS, ACCORDING TO THE RECEIPT FOUND WITH THE CANDY. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR PROCESSING. THE DEFENDANT'S BOND IS SET AT $51,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
