| Probable cause affidavit: |
SUBMITTED BY: MARSHALL, AIDAN 0453 (AR10114782) ON 051210 AT APPROXIMATELY 0244 HOURS, I WAS TRAVELING EAST ON WEST VAN BUREN DRIVE IN HOMOSASSA NEAR THE 6700 BLOCK WHEN I OBSERVED A WHITE MALE RIDING A BICYCLE TOWARDS MY VEHICLE. THE BICYCLE DID NOT HAVE ANY LIGHTS ILLUMINATING THE BICYCLE, AT WHICH TIME, I ALSO OBSERVED THE WHITE MALE RIDER TO BE WEARING A CAMOUFLAGED SHIRT, GLOVES, AND A BLACK T-SHIRT AROUND HIS NECK FOR USE AS A MASK. I ACTIVATED MY EMERGENCY EQUIPMENT, AT WHICH TIME, THE SUBJECT ATTEMPTED TO RIDE HIS BICYCLE AROUND THE DRIVER'S SIDE OF MY VEHICLE. UPON OPENING THE DRIVER'S SIDE DOOR, I ANNOUNCED MY PRESENCE AS A DEPUTY SHERIFF AND ORDERED THE SUBJECT TO STOP, AT WHICH TIME, HE SET HIS BICYCLE DOWN ON THE GROUND AND BEGAN TO APPROACH MY VEHICLE. DUE TO THE MALES SUSPICIOUS CLOTHING AND ACTIONS, HE WAS IMMEDIATELY PLACED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK. AS I PLACED HIM IN HANDCUFFS, I OBSERVED HIM TO BE WEARING A BACKPACK WHERE I COULD VISIBLY SEE NUMEROUS DVD DISKS NEAR THE TOP. UPON BACKUP ARRIVING AT MY LOCATION, THE INDIVIDUAL IDENTIFIED HIMSELF AS MR TYLER TYREE AND MADE A SPONTANEOUS STATEMENT THAT HE "NEEDED SOME MONEY SO HE WAS OUT ROBBING HOUSES." AT THAT TIME, I READ MR TYREE HIS MIRANDA RIGHTS VIA PREPRINTED CARD TO WHICH HE ADVISED HE UNDERSTOOD AND WISHED TO SPEAK WITH THIS DEPUTY. MR TYREE PROVIDED ME WITH THE FOLLOWING ACCOUNT OF THE EVENTS WHICH HAD TRANSPIRED PRIOR TO ME MAKING CONTACT WITH HIM. MR TYREE ADVISED HE LEFT HIS HOME ON WEST HERITAGE DRIVE AT APPROXIMATELY 1800 HOURS, AT WHICH TIME, HE RESPONDED TO HIS FRIEND, MR SETH KIRK'S RESIDENCE LOCATED AT 6566 WEST BEAUMONT LANE. WHILE AT THE HOME OF MR KIRK, MR TYREE ADVISED MR KIRK THAT HE NEEDED MONEY AND BOTH HE AND MR KIRK DECIDED THEY WOULD BOTH COMMIT A BURGLARY IN ORDER TO MAKE MONEY. BOTH INDIVIDUALS TALKED ABOUT WHICH RESIDENCE THEY WERE GOING TO BURGLARIZE AND DECIDED ON THE RESIDENCE LOCATED AT 3466 SOUTH CORONA WAY. THEY EACH DECIDED ON THAT RESIDENCE because THEY HAD KNOWLEDGE THE OWNER WAS NOT HOME. MR TYREE FURTHER STATED THAT HE AND MR KIRK WAITED UNTIL APPROXIMATELY 0200 HOURS, AND THEN GOT DRESSED IN CAMOUFLAGED CLOTHING, GLOVES, AND T-SHIRTS AS MASKS. THEY ALSO PLACED DUCT TAPE ON THE BOTTOM OF THEIR SHOES. AFTER GETTING DRESSED THEY BOTH DROVE THEIR BICYCLES TO THE RESIDENCE LOCATED AT 3466 SOUTH CORONA WAY. WHILE AT THE RESIDENCE THEY ENTERED THROUGH THE FRONT DOOR AND REMOVED A TELEVISION AND AN XBOX 360 GAME CONSOLE. AFTER REMOVING THE ITEMS THEY TRAVELED BACK TO MR KIRK'S RESIDENCE ON WEST BEAUMONT LANE TO DROP OFF THE ITEMS. AFTER DROPPING OFF THE ITEMS, MR KIRK RODE ON MR TYREE'S BICYCLE HANDLEBARS BACK TO THE RESIDENCE AND WHILE BACK AT THE VICTIM'S RESIDENCE BOTH MR KIRK AND MR TYREE FILLED BACKPACKS FULL OF DVD'S AND ALSO REMOVED ANOTHER TELEVISION FROM THE HOME. AFTER LEAVING THE RESIDENCE WITH THE STOLEN ITEMS THEY BEGAN TO RESPOND BACK TO MR KIRK'S RESIDENCE. WHILE RESPONDING BACK, MR KIRK JUMPED OFF MR TYREE'S HANDLE BARS AND BEGAN WALKING WITH THE TELEVISION AND BACKPACK, AT WHICH TIME, I OBSERVED MR TYREE RIDING HIS BICYCLE. AT THAT TIME, DEPUTY BERGEN AND DEPUTY DAVIS RESPONDED TO MR KIRK'S RESIDENCE. UPON MAKING CONTACT WITH MR KIRK HE APPEARED TO BE SWEATING AS IF HE HAD JUST BEEN RUNNING. MR KIRK WAS THEN READ MIRANDA VIA PREPRINTED CARD AND ADVISED HE WISHED TO SPEAK WITH DEPUTY BERGEN. WHILE SPEAKING WITH DEPUTY BERGEN MR KIRK ADMITTED TO THE INVOLVEMENT IN THE BURGLARY AND CORROBORATED ALL OF MR TYREE'S ACCOUNTS AS TO HOW THE EVENTS TRANSPIRED. MR KIRK ADDED THAT AFTER I MADE CONTACT WITH MR TYREE HE WAS HIDING IN THE WOODS WATCHING ME AND WHEN HE OBSERVED K-9 DEPUTY DAVIS BEGIN TO DEPLOY HIS CANINE HE THEN BEGAN MAKING HIS WAY BACK TO HIS RESIDENCE. HE STATED THAT WHEN I MADE CONTACT WITH MR TYREE HE LEFT THE TELEVISION AND HIS BACKPACK THAT HE HAD BEEN CARRYING IN THE WOODS NEAR THE 6700 BLOCK OF WEST VAN BUREN DRIVE. MR KIRK SIGNED A PERMISSION TO SEARCH FORM FOR HIS RESIDENCE AND A SUBSEQUENT SEARCH OF HIS RESIDENCE WHILE HE WAS PRESENT YIELDED THE TELEVISION AND XBOX 360, WHICH THEY HAD BOTH REMOVED ON THE FIRST TRIP TO THE VICTIM'S RESIDENCE. ALSO INSIDE MR KIRK'S RESIDENCE WAS SEVERAL PIECES OF PARAPHERNALIA TO INCLUDE CANNABIS PIPES AND GRINDERS. ALSO LOCATED ON MR TYREE'S PERSON IN HIS RIGHT FRONT POCKET WAS A CANNABIS PIPE CONTAINING RESIDUE. ALL OF THE VICTIM'S PROPERTY WAS RECOVERED INCLUDING THE PROPERTY IN THE WOODS. THE PROPERTY WAS PHOTOGRAPHED AND TURNED BACK OVER TO THE VICTIM. MR KIRK'S SHOES, WHICH WERE ALSO COVERED IN DUCT TAPE, AS WELL AS THE GLOVES WHICH HE ADMITTED TO USING DURING THE BURGLARY WERE PACKAGED AND LATER TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION. MR TYREE'S PERSON WAS PHOTOGRAPHED AND ALL OF HIS CLOTHING, WHICH WAS USED TO DISGUISE HIMSELF, WAS PACKAGED AND LATER TURNED IN to the CITRUS COUNTY SHERIFF'S OFFICE EVIDENCE DIVISION ALONG WITH ALL PARAPHERNALIA, which WAS ALSO PACKAGED. CONTACT WAS ALSO MADE WITH MR KIRK'S GIRLFRIEND WHO WAS AT THE RESIDENCE. MR KIRK'S GIRLFRIEND COMPLETED A SWORN WRITTEN STATEMENT WHICH CORROBORATED BOTH MR KIRK AND MR TYREE'S STATEMENTS AS TO HOW THE BURGLARY OCCURRED; HOWEVER, MR KIRK'S GIRLFRIEND REMAINED AT MR KIRK'S RESIDENCE DURING THE TIME IN WHICH THE BURGLARY WAS COMMITTED. BOTH MR KIRK AND MR TYREE WERE TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE THEIR BOND WAS SET AT $18,500.00 EACH. *NOT-EXEMPT* |
