| Probable cause affidavit: |
SUBMITTED BY: CAREY, SAMUEL 0753 (AR13-5569) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: UNOCCUPIED RESIDENCE, LOCATED AT 9724 WEST SANDRA STREET, CRYSTAL RIVER, CITRUS COUNTY, FLORIDA, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF MR JAMES RALPH DAVIS III, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: RESISTING WITHOUT VIOLENCE, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(B); DID UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CAREY, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: BY NOT FOLLOWING VERBAL COMMANDS WHEN INSTRUCTED WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02. ON 051013, I RESPONDED TO 9724 WEST SANDERS STREET IN CRYSTAL RIVER, IN REFERENCE TO A BURGLARY ALREADY OCCURRED. UPON ARRIVAL, I MADE CONTACT WITH THE VICTIM, MR JAMES DAVIS III. THE VICTIMâS SON, MR JAMES DAVIS IV, WAS OUTSIDE THE RESIDENCE AND ON THE PROPERTY AS WELL. THE VICTIM ADVISED THAT HE LEFT HIS RESIDENCE TODAY AT APPROXIMATELY 1730 HOURS, AT WHICH TIME THE RESIDENCE WAS LEFT SECURED WITH NO ONE ON THE PREMISES. HE RETURNED HOME AT APPROXIMATELY 2015 HOURS, AND OBSERVED THAT HIS SIDE DOOR WAS DAMAGED, PRIED OPEN AND LEFT SLIGHTLY AJAR. HE STATED THAT OF HIS PROPERTY WAS MISSING. THE VICTIMâS SON ADVISED THAT HE HAD SEVERAL ITEMS MISSING. AT THAT TIME, THE VICTIMâS SON, MR JAMES DAVIS IV, CAME TO ME AND STARTED LISTING OFF THINGS THAT WERE MISSING FROM HIS RESIDENCE. I AM FAMILIAR WITH MR JAMES DAVIS IV, THROUGH MULTIPLE CALLS TO HIS RESIDENCE AND KNOW HIM AS JAY, AND HAVE KNOWN HIM TO HAVE LEARNING DISABILITIES. IN THE PAST, HE HAS SAID PEOPLE HAVE STOLEN FROM HIM AND HIS FATHER SAID THAT HE WAS JUST MAKING THINGS UP AND FABRICATING STORIES. JAY STATED THAT THERE WAS APPROXIMATELY $350.00 IN CASH MISSING, HIS PRESCRIPTION MEDICATION ADDERALL XR 30MG AND SEVERAL OTHER MISCELLANEOUS ITEMS. THE VICTIM THEN TOOK ME TO THE ENTRY POINT, WHERE I OBSERVED A SIDE DOOR ON THE WEST SIDE OF THE RESIDENCE THAT HAD NO DOORKNOB AND ONLY A BOLT LOCK. I OBSERVED THAT IT WAS SLIGHTLY OPEN WITH DAMAGE DONE TO THE DOOR JAM AND FRESH PRY MARKS. IT ALSO APPEARED THAT THE BOLT HAD BEEN BROKEN. ONCE I OPENED THE DOOR THERE WERE SEVERAL CLUTTERED ITEMS THAT APPEARED TO HAVE BEEN CRAWLED OVER. I THEN ENTERED INTO THE RESIDENCE AND INTO JAYâS BEDROOM, WHERE HE ADVISED THAT THERE WERE SEVERAL OBJECTS MISSING. THE ROOM WAS IN COMPLETE DISARRAY AND THE VICTIM ADVISED THAT IT WAS NORMALLY LIKE THIS. THERE WERE SEVERAL ELECTRONICS ON THE FLOOR AND SCATTERED THROUGHOUT THE ROOM. I REQUESTED THAT JAY PROVIDE ME WITH A LIST OF THE ITEMS MISSING AS I BEGAN TO PROCESS THE SCENE. AS I WAS FINGERPRINTING THE EXTERIOR DOOR THAT WAS THE ENTRY POINT, JAY WALKED UP TO ME AND ADVISED THAT THERE WAS SOMEONE HIDING UNDER HIS BED IN THE BEDROOM THAT I HAD JUST BEEN IN. AT THAT TIME, I REQUESTED AN ADDITIONAL UNIT FOR BACKUP. ONCE DEPUTY CRIDLAND ARRIVED ON SCENE WE ONCE AGAIN CONFIRMED WITH THE VICTIM THAT NO ONE WAS SUPPOSED TO BE IN THE RESIDENCE AND THAT HE AND HIS SON WERE THE ONLY RESIDENTS AND THEY WERE OUTSIDE. WE THEN MADE ENTRY INTO THE RESIDENCE AND OBSERVED HIS BED TO BE IN THE MIDDLE OF THE ROOM COVERED WITH CLUTTER. AT THAT TIME, I SAW WHAT APPEARED TO BE A TORSO OF A MAN WEARING A RED SHIRT. I ANNOUNCED MYSELF AS A SHERIFF DEPUTY AND ADVISED HIM TO SHOW HIS HANDS AND HE DID NOT MOVE. I THEN ANNOUNCED MYSELF AGAIN AS A SHERIFFâS DEPUTY AND INSTRUCTED HIM TO SHOW HIS HANDS, AT WHICH TIME HE TURNED HIS HEAD WHERE I COULD SEE HIS FACE. AT THAT TIME, HE STATED âYOUâLL HAVE TO PULL ME OUTâ. AT THAT TIME, I ENTERED INTO THE BEDROOM AND STOOD AT THE FOOT OF THE BED AND GAVE VERBAL INSTRUCTIONS FOR HIM TO MAKE HIS HANDS VISIBLE. AT THAT POINT, HE COMPLIED AND AS HE DID THIS I LIFTED THE BED OFF OF HIM AND PULLED THE DEFENDANT OUT FROM UNDERNEATH. ONCE HE WAS OUT I HANDCUFFED THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR TREA HOLLAND. I ADVISED HIM THAT HE WAS BEING DETAINED AND ESCORTED HIM OUTSIDE OF THE VICTIMâS RESIDENCE. AS I WAS ESCORTING HIM OUT OF RESIDENCE HE MADE A SPONTANEOUS UTTERANCE STATING THAT HE WAS JUST THERE TO GET HIS MONEY. I ASKED THE VICTIM IF HE KNEW THE DEFENDANT AND HE STATED THAT HE KNEW HIM ONLY AS TREA AND HE DID NOT HAVE PERMISSION TO BE INSIDE HIS RESIDENCE. ONCE OUTSIDE, I HAD HIM SIT ON THE GROUND AND THEN READ THE DEFENDANT MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND ASKED IF HE UNDERSTOOD HIS RIGHTS, TO WHICH HE REPLIED THAT HE DID. I THEN ASKED HIM IF HE WISHED TO SPEAK WITH ME AT THIS TIME, TO WHICH HE ADVISED THAT HE WOULD. I THEN INTERVIEWED THE DEFENDANT AS TO WHAT HAD HAPPENED. HE ADVISED THAT HE HAD BEEN HANGING OUT WITH JAY EARLIER IN THE DAY AND JAYâS FATHER ARRIVED HOME, SO THE DEFENDANT LEFT THE RESIDENCE. THE DEFENDANT ADVISED THAT JAY AND HIS FATHER THEN LEFT THEIR RESIDENCE AND AT SOME POINT LATER THE DEFENDANT CAME BACK TO THE VICTIMâS RESIDENCE. HE OBSERVED NO ONE TO BE HOME AND HE MADE ENTRY INTO THE VICTIMâS RESIDENCE USING THE SIDE DOOR. THE DEFENDANT ADVISED THAT HE DID NOT FORCE ENTRY INTO THE RESIDENCE AND THE DOOR WAS ALREADY OPEN AND DAMAGED. HE ADVISED THAT HE WAS IN THE RESIDENCE FOR APPROXIMATELY 30 MINUTES GOING THROUGH THINGS WHEN HE HEARD THE VICTIM AND JAY ARRIVE HOME. HE STATED THAT HE THEN BECAME SCARED AND HID UNDER JAYâS BED. HE ADVISED THAT HE DID NOT REMOVE ANY OBJECTS FROM THE RESIDENCE AND DID NOT STEAL ANYTHING. THE DEFENDANT ADVISED THAT HE HAD A MUTUAL FRIEND NAMED MS KRISTINA SIMAS. HE ADVISED THAT JAY HAD GIVEN HER THE PRESCRIPTION BOTTLE OF ADDERALL SO THAT SHE COULD SELL THE PILLS FOR $4.00 EACH. THE DEFENDANT THEN PROVIDED ME WITH HER ADDRESS. I THEN REMOVED THE HANDCUFFS FROM THE DEFENDANT AND HE FILLED OUT A SWORN WRITTEN STATEMENT THAT WAS COLLECTED AND WILL LATER BE TURNED IN TO RECORDS. DEPUTY CRIDLAND STOOD BY WITH THE DEFENDANT AS I RESPONDED TO MS SIMASâ RESIDENCE. I THEN MADE CONTACT WITH HER AT 215 TENNESSEE LANE, WHICH WAS ONE STREET OVER FROM THE VICTIMâS RESIDENCE. MS SIMAS ADVISED THAT SHE AND THE DEFENDANT WENT TO JAYâS RESIDENCE EARLIER IN THE AFTERNOON, AT WHICH TIME THE DEFENDANT TRADED JAY âFAKE WEEDâ FOR HIS PRESCRIPTION BOTTLE OF ADDERALL. MS SIMAS ADVISED THAT SHE HAD LEFT THE RESIDENCE PRIOR TO THE EXCHANGE OF THE DRUGS. SHE ADVISED THAT SHE DID NOT KNOW THE LOCATION OF THE ADDERALL AND GAVE ME PERMISSION TO SEARCH HER RESIDENCE, WHICH MET WITH NEGATIVE RESULTS. MS SIMAS FILLED OUT A SWORN WRITTEN STATEMENT THAT WAS COLLECTED AND WILL LATER BE TURNED IN TO RECORDS. WHILE SHE WAS DOING THIS SHE ADVISED ME THAT THE DEFENDANT AND JAY HAD BRAGGED TO HER ABOUT BREAKING INTO SEVERAL RESIDENCES IN THE NEIGHBORHOOD AND STEALING ELECTRONICS. SHE ALSO ADVISED THAT THE DEFENDANT BRAGGED TO HER THAT HE HAD PAWNED SEVERAL OBJECTS. I THEN RESPONDED TO THE INCIDENT ADDRESS AND MET WITH THE DEFENDANT. I REMINDED HIM OF HIS MIRANDA RIGHTS TO WHICH HE ADVISED THAT HE UNDERSTOOD HIS RIGHTS AND STILL WISHED TO SPEAK WITH ME. I THEN QUESTIONED THE DEFENDANT ABOUT THE BURGLARIES IN THE AREA. AT THAT TIME, HE STATED THAT HE AND JAY HAD BROKEN INTO A RESIDENCE ON IRA MARTIN APPROXIMATELY ONE AND ONE-HALF WEEKS EARLIER, WHERE HE OBSERVED JAY STEAL A VCR. THE DEFENDANT ADVISED THAT HE AND JAY MADE ENTRY INTO THAT RESIDENCEâS SIDE DOOR THAT WAS ALREADY OPEN. THE DEFENDANT ADVISED THAT HE KNEW THE OCCUPANT WAS AN ELDERLY LADY THAT HE HAD DONE WORK FOR IN THE PAST AND HE KNEW THAT SHE WAS NOT AT HOME. HE THEN ADVISED THAT HE WAS HOMELESS AND HE HAD BEEN BREAKING INTO OTHER RESIDENCES AND SPENDING THE NIGHT IN THEM. HE STATED THAT HE WAS STAYING IN THE RESIDENCE NEXT TO THE VICTIMâS RESIDENCE LOCATED AT 9740 SANDRA STREET. HE STATED THAT SOME TIME AGO A REALTOR CAME TO THE RESIDENCE, AT WHICH TIME HE GOT SCARED AND LEFT ALL OF THE ITEMS THAT HAD BEEN STOLEN ON THE BACK PORCH. THE DEFENDANT CONFESSED TO THIS BURGLARY AND I LOCATED THE CASE NUMBER OF 13-057117 FOR THIS BURGLARY. I THEN RE-SECURED THE DEFENDANT IN HANDCUFFS AND ADVISED HIM THAT HE WAS BEING PLACED UNDER ARREST FOR BURGLARY TO A DWELLING AND RESISTING WITHOUT VIOLENCE. HE WAS SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $3,500.00, PER THE BOND SCHEDULE. |
