| Probable cause affidavit: |
SUBMITTED BY: HOLLOWAY, TODD 0463 (AR11121265) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIMS, TO-WIT: A/C UNITES, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00),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(2)C(1); AND did unlawfully traffic in or endeavor to traffic in property that THE DEFENDANT knew or should have known was stolen, to-wit: A/C UNITS, the property of THE VICTIMS, in violation of Florida Statute 812.019(1); AND Any person who knowingly gives false verification of ownership or who gives a false or altered identification and who receives money or other consideration from a secondary metal recycler, in return for regulated metals, AND THE value of the money or other consideration received is less than $300.00, IN VIOLATION OF FLORIDA STATE STATUTE 538.23(3)(A) (FIVE COUNTS). ON 061411, CONTACT WAS MADE WITH THE CODEFENDANT IN THIS CASE AT A CITRUS COUNTY METAL RECYCLING BUSINESS IN REFERENCE TO A STOLEN A/C UNIT THAT WAS REPORTED STOLEN ON 061011 THAT OCCURRED ON ELM STREET IN CRYSTAL RIVER, FLORIDA. THE CODEFENDANT, MR MATTHEW SHIPE, THEN ADMITTED HIS INVOLVEMENT IN EIGHT AIR CONDITIONER A/C UNIT THEFTS. HE FURTHER IMPLICATED THIS DEFENDANT AND HER LIVE-IN BOYFRIEND, MR JAMES MASSEY. ONCE CONTACT WAS MADE WITH THE DEFENDANT AT HER HOME SHE, IN A POST MIRANDA DIGITALLY RECORDED INTERVIEW, ADMITTED THAT SHE BELIEVED THAT THE A/C UNITS THAT HER BOYFRIEND, MS JAMES MASSEY AND CODEFENDANT MATTHEW SHIPE, WERE GETTING WERE IN FACT STOLEN. WHEN SHE WAS ASKED WHY SHE BELIEVED THIS SHE STATED BECAUSE THE COMPANY CODEFENDANT JAMES MASSEY USE TO WORK FOR WAS NO LONGER GIVING HIM OLD A/C UNITS TO SCRAP. DURING THE INTERVIEW SHE ALSO ADMITTED TO RECYCLING A/C PARTS THAT SHE KNEW THAT DID NOT LAWFULLY BELONG TO HER. IT SHOULD ALSO BE NOTED, A CHECK OF FLORIDA SECONDARY METAL RECYCLER PURCHASE TRANSACTION FORMS AT A CITRUS COUNTY METAL RECYCLER REVEALED THAT THE DEFENDANT CONDUCTED TRANSACTIONS IN A/C PARTS ON THE FOLLOWING DATES; 060811, 060911, 061011 AND TWO ON 061311. IT SHOULD ALSO BE NOTED, THESE DATES FOLLOW THE GENERAL TIME LINE OF THE REPORTED STOLEN A/C UNITS AND THE FOLLOWING CASE NUMBERS: 11060373, 11060421, 11060423, 11060442 AND 11060497. IT SHOULD BE NOTED, WHILE AT THE DEFENDANT'S HOME SHE LED THIS DEPUTY INSIDE HER GARAGE WHERE THE REMNANTS OF DISMANTLED A/C UNITS WERE LYING ON THE FLOOR. DUE TO THE FACT THE DEFENDANT WAS BEING COOPERATIVE AT FIRST AND THAT SHE HAD SMALL CHILDREN I MADE ARRANGEMENTS FOR THE DEFENDANT TO TURN HERSELF IN A THE CITRUS COUNTY JAIL. ON 061511, CONTACT WAS MADE WITH THE DEFENDANT AT THE JAIL. DUE TO THE FACT I HAD OBTAINED MORE INFORMATION THAT I HAD PREVIOUS WHEN I INTERVIEWED HER I AGAIN READ THE DEFENDANT HER MIRANDA RIGHTS, AT WHICH TIME, SHE INVOKED MIRANDA. AFTER SHE INVOKED MIRANDA, I ADVISED HER I COULD NOT TALK TO HER, AT WHICH TIME, SHE SPONTANEOUSLY UTTERED, "SOME OF THE STUFF WAS NOT STOLEN BECAUSE IT CAME OUT OF MY YARD, LIKE THE BOAT MOTOR." I ADVISED HER AGAIN I COULD NOT QUESTION HER OR SPEAK TO HER ONCE SHE HAD INVOKED HER MIRANDA, BUT ASSURED HER THAT OF THE STOLEN ITEMS HAD ANYTHING TO DO WITH A BOAT MOTOR. THE DEFENDANT'S TOTAL BOND WAS SET AT $30,000.00, PER THE BOND SCHEDULE. "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* |
