| Probable cause affidavit: |
SUBMITTED BY: MOORE, ANDREW 0619 (AR11118689) DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: TWO TIRES WITH RIMS OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: $700.00, 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. on 010111, depUTY cutlip reported a silver ford escape WHICH had the two passenger side tires removed and the vehicle was still on jacks. on 010211, depUTY cutlip took a closer look at the vehicle and he observed that the vehicle was jacked up; HOWEVER, the vehicle jacks were removed and replaced by milk crates. the vehicle was on display for drunk driving awarEness IN FRONT OF HEIDI'S RESTAURANT, IN INVERNESS. On 010411 AT 2031hOUrs, I was dispatched to 5001 eAST tangelo lAnE, in Inverness, TO The Auto Transaction Company, in refERENCE TO a burglary in progress. While en route, dispatch adviseD that the subject parked his vehicle across the street at Sportsman's BOWL AND THEN ran across the street TO THE AUTO TRANSACTION COMPANY. Dispatch advised that the subject then pulled his vehicle along the fence and was putting tires and rims in his vehicle. myself and depUTY paul arrived on scene and detained the DEFENDANT who was standing next to his vehicle's open door near the fence. inside the vehicle in plain sight i observed two, uniroyal liberator p235/70 r16 TIRES, and there was also two rims not on tires; also inside the vehicle were several tools. sitTing on the front passenger seat was a black leather jacket with a blue flashlight LYING on top. The DEFENDANT advised his name was MR william capp, and did not have ANY idENTIFICATION with him. i then spoke to the witness MR douglas gravely, who responded back to the scene. mr gravely stated that he was parked two cars away from the defendant at the bowling ally. he stated that he observed the defendant get out of his blue SPORTS UTILITY VEHICLE (suv) wearing a sweater and jeans. he STATED HE THEN observed him putting a blue flashlight in the back of his pants under his shirt, AT WHICH TIME THE DEFENDANT THEN walkED across tHe street almost getting hit by a vehicle. the defendant then went to the corner of the fence near the entrance of the lot jumping it. at that time he began shining his light around and walked to the back of the car lot. at that time he observed THE DEFENDANT graB hubcaps, tires, and rims and THEN thrOw them over the fence. mr gravely then moved his vehicLE into the parking lot of the chevron gas station. HE STATED HE BELIEVED that the defendant saw him watching him. the defendant then went back to his vehicle and drove past the witness at about 15 MILES PER HOUR (mph) looking at him. Mr gravely then went down tangelo LANE and saw THE DEFENDANT turn his vehIcle around and start LOADING THE tires into his vehicle. at that time the deputies arrived on scene. the defendant was brought to the front of my vehicle with my spotlight on him, at which time the witness idENTIFIED him as the suspect. the owner of the car lot, MR richard wilder, arrived on scene and stated that the defendant MR WILLIAM (BILL) capp had no permission to be on the propERtY, and that he had no idea that he hopped the fence. he stated that he has no right to be here and THAT HE is a previous customer AND that IS it. mr wilder theN stated that there were two rims and tires missing that he believeD came off the vehicle at heidi's restAURANT. at first the defEndAnt told him that a "crack head" sold him the tires and rims for $10.00, and then told him that the someone else took them and gave them to him. HE advised that he just took HIS medication and would complete a writTEn statemEnt on 010511. he stated that he did want to press charges on the defendant for being on his property. he stated that he drove past the vehicle at heidi's and knew that the tires were the same size and brand. i read the defEndant his miranda warnings VIA A pre-printed AGENCY card, AT WHICH TIME HE advISed that He under stood his rights and that he did not want to speak to me. he was then placed in the rear of my patrol vehicle. while in the rear of my patrol vehicle, The DEFENDANT stated that he knew where the tires and rims came from. the defendant was then traNsported to the CITRUS COUNTY deteNtion center for booking and processing. the defendant's bond was set at $2,000, per THE bond SCHEDULE. the vehiCle was towed by advanceD towing and depUTY schaffer completed the tow sheet. he also collected the tires and rims and placed them in to CITRUS COUNTY SHERIFF'S OFFICE evidence. depUTY west responded TO heidi's and advised that the tires were the same make and size of the ones still on the vehiCLe. he also collected the hubcaps for processing. "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* |
