| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR11120469) IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY BUY, SELL, OFFER FOR SALE, RECEIVE, DISPOSE OF, CONCEAL, OR HAVE IN HIS OR HER POSSESSION ANY VESSEL OR PART THEREOF ON WHICH THE ASSIGNED IDENTIFICATION NUMBER HAS BEEN ALTERED, REMOVED, DESTROYED, COVERED, OR DEFACED OR MAINTAIN SUCH VESSEL IN ANY MANNER WHICH CONCEALS OR MISREPRESENTS THE TRUE IDENTITY OF THE VESSEL. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SUBSECTION IS GUILTY OF A FELONY OF THE THIRD DEGREE, TO WIT: THE DEFENDANT PLACED FLORIDA REGISTRATION NUMBERS FROM ONE VESSEL TO ANOTHER, IN VIOLATION OF FLORIDA STATE STATUTE 328.07(4)(B). ON 042611 AT APPROXIMATELY 0950 HOURS, I RESPONDED TO 6713 SOUTH WHIPPOORWILL CIRCLE IN REFERENCE TO A MISSING BOAT. UPON ARRIVAL I MADE CONTACT WITH THE VICTIM, WHO ADVISED THAT HE IS CURRENTLY IN THE PROCESS OF MOVING BACK TO THIS RESIDENCE, AND HAS BEEN GONE FROM THE RESIDENCE SINCE 040211 AT APPROXIMATELY 1400 HOURS. HE STATED HE RETURNED ON 042411 AT 1400 HOURS TO FIND THAT HIS 14 FOOT LOWE ALUMINUM JON BOAT WAS MISSING FROM THE RIVER BANK AT THE REAR OF HIS RESIDENCE. AT THAT TIME HE DID SHOW ME WHERE IT HAD BEEN LOCATED, HOWEVER I DID NOT SEE ANY FOOTPRINTS. HE ADVISED ME THAT THE WATER HAS COME UP CONSIDERABLY IN THE PAST THREE WEEKS AND IT IS POSSIBLE THAT THE BOAT HAD FLOATED AWAY. HE ADVISED ME THAT ON 042411 IN THE EVENING HOURS HE SAW A BOAT THAT LOOKED SIMILAR TO HIS DRIVING DOWN THE RIVER BEHIND HIS RESIDENCE, OCCUPIED BY A WHITE FEMALE AND TWO WHITE MALES. HE ASKED THEM IF THEY HAD SEEN HIS BOAT, AT WHICH TIME THEY ASKED HIM WHAT IT LOOKED LIKE. HE STATED THAT IT LOOKED LIKE THEIR BOAT. AT THAT TIME THEY CONTINUED DRIVING. HE STATED THAT THIS BOAT WAS A GOLD COLOR AND APPEARED TO HAVE BEEN RECENTLY PAINTED AND CARPETED. A SHORT TIME LATER HE SAW THE BOAT DRIVE BY AGAIN AND WITH A CLOSER LOOK, HE BELIEVED THAT IT WAS DEFINITELY HIS BOAT. AT THAT TIME HE BORROWED A NEIGHBOR'S BOAT, DROVE DOWN THE RIVER AND FOUND THE GOLD COLORED BOAT, BELIEVED TO BE HIS, PARKED AT THE SUSPECT'S RESIDENCE. HE THEN RETURNED HOME TO HIS RESIDENCE, CONTEMPLATING CALLING LAW ENFORCEMENT, DUE TO THE FACT THAT HE WAS NOT 100 PERCENT THAT IT WAS HIS BOAT. HE FINALLY DECIDED TO CALL, AT WHICH TIME WE RESPONDED. AT THAT TIME HE DID PROVIDE ME WITH SEVEN PHOTOGRAPHS OF THE BOAT, WHICH CONTAINED SEVERAL IDENTIFYING MARKERS. THE VICTIM'S BOAT HAD SLIGHT DAMAGE TO THE LEFT FRONT SIDE, A DAMAGED CENTER LIVE WELL WITH A SPECIAL CUT 2X4 INSIDE OF IT, ALONG WITH A DAMAGED THROUGH HAUL PLUG, SEVERAL HOLES IN THE RIGHT SIDE REAR WHERE A PREVIOUS CONSOLE HAD BEEN MOUNTED, A BROKEN FRONT HANDLE, TWO BROKEN OAR LOCKS, ONE OF WHICH THE OAR BRACKET WAS STILL LOCATED IN, AND A CUSTOM BUILT ROD HOLDER IN THE RIGHT REAR. THE PHOTOGRAPH ALSO DEPICTED THE HULL IDENTIFICATION TAG TO BE ON THE INSIDE OF THE TRANSOM, ON THE LEFT SIDE AND A SLIGHT INDENTATION OR SQUARE INDENTATION, WHERE A TROLLING MOTOR WAS MOUNTED ON THE INSIDE RIGHT OF THE TRANSOM. I HAD THE VICTIM COMPLETE A VEHICLE THEFT AFFIDAVIT AND PROVIDED HIM WITH AN AGENCY CASE CARD. I THEN PROCEEDED TO THE SUSPECT'S RESIDENCE, AT WHICH TIME I WAS APPROACHED BY THE NEIGHBOR, MS WYATT, WHICH IS THE SUSPECT'S MOTHER. AT THAT TIME I ADVISED OF THE REASON FOR BEING THERE. SHE STATED THAT HER DAUGHTER LIVES AT THE RESIDENCE AND THE BOAT THAT I WAS POSSIBLY LOOKING FOR WAS TIED UP TO THEIR DOCK AT THE REAR OF THE RESIDENCE. SHE THEN GRANTED ME PERMISSION TO COME ON HER PROPERTY TO INSPECT THE BOAT. IT SHOULD BE NOTED THAT THE BOAT WAS TIED TO THE SUSPECT'S PROPERTY, HOWEVER PART OF IT WAS AGAINST MS WYATT'S PROPERTY. MS WYATT ADVISED ME SHE DID HAVE ACCESS TO HER DAUGHTER'S PROPERTY TO TAKE CARE OF IT WHILE SHE IS AT WORK. I THEN INSPECTED THE BOAT, WHERE IT APPEARED TO BE FRESHLY PAINTED AND NEW FL NUMBERS DISPLAYED ON IT. THESE FL NUMBERS WERE FL7149NT, WITH A CURRENT DECAL. UPON RUNNING THESE NUMBERS, THEY COME BACK TO A 12 FOOT ALUMINUM BOAT. AT THAT TIME THE BOAT WAS MEASURED AT 13 FOOT 6 INCHES. ALL THE IDENTIFIERS NOTED IN THE PHOTOGRAPHS WERE OBSERVED ON THIS BOAT; HOWEVER IT APPEARED THAT THE HULL IDENTIFICATION PLATE HAD BEEN REMOVED. AT THAT TIME SEVERAL PHOTOGRAPHS WERE TAKEN OF THIS BOAT. MS WYATT ADVISED ME THAT SHE HAD ONLY BEEN BACK TO HER RESIDENCE FOR APPROXIMATELY TWO DAYS AND THIS IS THE FIRST TIME SHE HAS SEEN THIS BOAT. I THEN CONTACTED THE SUSPECT BY TELEPHONE, WHO WAS AT WORK AND AGREED TO MEET WITH ME AT A LATER TIME. I THEN REVIEWED THE INFORMATION LISTED ON THE FL NUMBERS THAT WERE DISPLAYED ON THE BOAT. AT THAT TIME I FOUND THAT A DECAL WAS ISSUED TO THE SUSPECT IN OCTOBER OF 2010, FOR A 12 FOOT ALUMINUM BOAT. IT APPEARED THAT MR ROBERT WILSON HAD SOLD THE SUSPECT A 12 FOOT ALUMINUM BOAT AND TRAILER. BEFORE LEAVING THE SUSPECT'S RESIDENCE I DID OBSERVE FOUR OTHER BOATS ON THE PROPERTY, TWO OF WHICH WERE ALUMINUM, APPROXIMATELY 12 FOOT LONG. AT THAT TIME I RESPONDED TO MR ROBERT WILSON'S RESIDENCE, HOWEVER HE WAS AT WORK. I DID SPEAK TO HIS WIFE MICHELE AND HIS SON DUSTIN, WHO ADVISED THAT THE BOAT MR ROBERT WILSON SOLD THE SUSPECT, WAS A 12 FOOT, V HAUL ALUMINUM BOAT WITH A TRAILER. DUSTIN WILSON ADVISED ME THAT THIS BOAT WAS USED BY HIM AND HE IS VERY FAMILIAR WITH IT. HE STATED THAT THE V HAUL 12 FOOT ALUMINUM BOAT HAD BEEN PAINTED RED AND BLACK CAMOUFLAGE. AT THIS TIME I REVIEWED THE PHOTOGRAPHS THAT WERE TAKEN AT THE SUSPECT'S RESIDENCE AND ONE OF THE TWO ALUMINUM BOATS APPEARED TO BE 12 FOOT AND PAINTED RED AND BLACK CAMOUFLAGE. THERE WAS NO HULL OR IDENTIFYING NUMBERS ON THIS VESSEL. AT THAT TIME I ADVISED THE WILSON FAMILY OF THE SITUATION AND ISSUED THEM A CASE NUMBER FOR FURTHER INFORMATION. I THEN RETURNED TO THE SUSPECT'S RESIDENCE, WHERE I MADE CONTACT WITH HER. I DID ADVISE HER OF HER MIRANDA RIGHTS VIA PRE-PRINTED CARD. AT THAT TIME SHE ADVISED ME THAT SHE WOULD TELL ME THE TRUTH ABOUT WHAT HAD HAPPENED. SHE STATED THAT APPROXIMATELY THREE WEEKS AGO HER HUSBAND DAVID AND SOME FRIENDS FOUND A SUNKEN BOAT NEAR THEIR FAVORITE SWIMMING HOLE IN THE RIVER. THEY THEN TRANSPORTED THE BOAT BACK TO THE SUSPECT'S RESIDENCE AND ADVISED HER THAT THEY HAD GOTTEN HER A NEW BOAT. SHE STATED THAT OVER APPROXIMATELY THE NEXT TWO TO THREE WEEKS SHE BEGAN FIXING THE BOAT UP BY PAINTING IT, FIXING THE LEAKS AND INSTALLING CARPET. SHE ALSO ADVISED ME THAT SHE HAD TAKEN HER FLORIDA REGISTRATION NUMBERS FROM HER EXISTING BOAT THAT WAS PURCHASED IN OCTOBER 2010, ALONG WITH THE REGISTRATION DECAL AND PLACED THEM ON THIS NEW BOAT. SHE ADVISED SHE DID NOT REMOVE THE HULL IDENTIFICATION PLATE. AT THAT TIME SHE COMPLETED A SWORN WRITTEN STATEMENT. SHE THEN REMOVED HER PROPERTY FROM THE BOAT AT WHICH TIME THE RIGHTFUL OWNER RESPONDED TO THE SCENE, COMPLETED A PROPERTY RECEIPT AND TOOK POSSESSION OF HIS BOAT. AT THAT TIME THE DEFENDANT WAS PLACED UNDER ARREST, SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING PROCESSING. UPON ARRIVAL SHE WAS CHARGED WITH ONE COUNT OF CONCEALING THE IDENTITY OF A VESSEL. BOND WAS SET AT $500.00. "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* |
