| Probable cause affidavit: |
SUBMITTED BY: AGUILERA, EMANUEL 1238 (AR13-8226) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: SINGLE FAMILY RESIDENCE, LOCATED AT 11045 WEST DUBLIN STREET IN CRYSTAL RIVER, IN THE CITRUS COUNTY, FLORIDA, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: TO STEAL SEVERAL FIREARMS, AND BECAME ARMED WITH SEVERAL RIFLES, FROM THE OWNER, IN VIOLATION OF FLORIDA STATUTE, 810.02(2)(B). DID, UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: SIX RIFLES, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN $5,000.00) 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 STATUTE, 812.014(2)(C)(5). DID POSSESS A FIREARM AS A CONVICTED FELON, IN VIOLATION OF IN VIOLATION OF FLORIDA STATE STATUTE, 790.23(1)(A). DID, UNLAWFULLY ENTER OR REMAIN IN A CERTAIN CONVEYANCE, THE VICTIMâS VEHICLE, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, AND WAS NOT LICENSED OR INVITED TO ENTER OR REMAIN IN SAID CONVEYANCE, IN VIOLATION OF FLORIDA STATUTE 810.02(4)(B). DID, RESIST AN OFFICER WITHOUT VIOLENCE, IN VIOLATION OF IN VIOLATION OF FLORIDA STATE STATUTE, 843.02. DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO WIT: THE WINDOW OF THE VICTIMâS RESIDENCE, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, IN VIOLATION OF FLORIDA STATUTE, 806.13(1)(B)(1). ON 120613, I RESPONDED TO 11045 WEST DUBLIN STREET IN CRYSTAL RIVER, IN REFERENCE TO A POSSIBLE BURGLARY IN PROGRESS. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR SAMUEL HASTINGS, WHO ADVISED ME THAT ON TODAYâS DATE, AT APPROXIMATELY 0520 HOURS, HE RECEIVED A TELEPHONE CALL FROM HIS BROTHER, MR DANUEL HASTINGS/VICTIM. DANIEL ADVISED SAMUEL THAT HIS ALARM COMPANY HAD CONTACTED HIM AND ADVISED HIM THAT A MOTION DETECTOR ALARM WAS GOING OFF AT THE VICTIMâS RESIDENCE. DANIEL THEN ASKED SAMUEL TO GO TO HIS RESIDENCE AND CONDUCT A WELL CHECK. THE COMPLAINANT RESPONDED TO THE VICTIMâS RESIDENCE, AND UPON PULLING IN TO THE DRIVEWAY, HE EXITED HIS VEHICLE AND HEARD A COMMOTION COMING FROM THE REAR OF THE RESIDENCE. THE COMPLAINANT GRABBED HIS FLASHLIGHT, ALONG WITH A 380 âLCPâ PISTOL FROM HIS VEHICLE AND APPROACHED THE REAR OF THE VICTIMâS RESIDENCE. BY USING THE FLASHLIGHT, THE COMPLAINANT WAS ABLE TO VISUALLY OBSERVE A HEAVY SET MALE SUBJECT WHO WAS WEARING A DARK SHIRT AND CARRYING A BLANKET. THE COMPLAINANT OBSERVED THE MALE SUBJECT RUN BEHIND THE RESIDENCE AND IN TO A WOODED AREA. THE COMPLAINANT THEN YELLED AT THE SUBJECT, WHO IGNORED HIM AND CONTINUED TO RUN. AT THAT TIME, THE COMPLAINANT FIRED A SHOT IN HIS DIRECTION, AT WHICH TIME THE SUBJECT DROPPED THE BLANKET BUT CONTINUED TO RUN NORTH IN TO THE WOODS. THE COMPLAINANT STATED HE DID NOT FOLLOW THE SUBJECT AND THEN CONTACTED THIS AGENCY. DEPUTY CLAUDE (0602) AND I OBSERVED THE NORTHEAST FLORIDA ROOM WINDOW TO BE BROKEN AND NOT SECURED. THE WINDOW APPEARED TO BE THE POINT OF ENTRY. DEPUTY CLAUDE AND I APPROACHED THE BLANKET THAT THE SUBJECT HAD DROPPED, AT WHICH TIME WE OBSERVED SEVERAL RIFLES TO BE WRAPPED INSIDE THE BLANKET. THE COMPLAINANT THEN CONFIRMED THAT THE RIFLES IN THE BLANKET BELONGED TO HIS BROTHER/VICTIM, AND WERE NORMALLY INSIDE A GUN CABINET IN THE VICTIMâS RESIDENCE. I CONTACTED ON CALL CANINE DEPUTY INDORATO, (0712) WHO RESPONDED TO SCENE. SERGEANT CONLEY (0290) WAS CONTACTED WHO RESPONDED TO SCENE AND REQUESTED THAT SERGEANT SPIDDLE (0165) RESPOND TO SCENE AND CONDUCT A CRIME SCENE INVESTIGATION. SEVERAL OTHER DEPUTIES RESPONDED TO SCENE AND SET UP A PERIMETER. MYSELF, DEPUTY INDORATO AND HIS CANINE, REPO, CONDUCTED AN AREA TRACK FOR THE SUBJECT IN QUESTION. THE TRACK BEGAN DIRECTLY BEHIND THE VICTIMâS RESIDENCE WHERE THE SUBJECT WAS LAST SEEN. AT THAT TIME, DISPATCH CALLED TO ADVISE THAT A SUSPICIOUS MALE SUBJECT WAS JUST OBSERVED IN THE VICINITY OF 10795 GALWAY, AND WAS ON A NEIGHBORâS BACK PORCH. MYSELF, ALONG WITH DEPUTY INDORATO AND CANINE REPO, RESPONDED TO THAT LOCATION TO CONDUCT AN AREA SEARCH WHICH RESULTED IN A BACK TRACK. SEE DEPUTY INDORATOSâ CANINE SUPPLEMENT FOR FURTHER. ANOTHER CALL WAS RECEIVED BY DISPATCH FROM A WITNESS, MS MARY BECKLER, WHO ADVISING A WHITE MALE SUBJECT, APPROXIMATELY 30 YEARS OF AGE AND WEARING A BLACK SHIRT, WAS SITTING ON THE CORNER OF HER POOL DECK AND DRINKING FROM HER HOSE. AT THAT TIME, WITNESS BECKLER APPROACHED THE SUBJECT AND ASKED HIM WHAT HE WAS DOING. THE SUBJECT THEN STATED THAT HE JUST WANTED A DRINK OF WATER. WITNESS BECKLER ASKED THE SUBJECT WHERE HE LIVED, WHERE HE STATED, HERNANDO. THE WITNESS THEN TOLD THE SUBJECT THAT SHE WAS GOING TO GET HER HUSBAND, AT WHICH TIME THE SUBJECT ADVISED HER THAT HE DID NOT WANT ANY TROUBLE. WITNESS BECKLER THEN ENTERED HER RESIDENCE, CONTACTED THIS AGENCY AND THE SUBJECT LEFT THE AREA. A CODE RED WAS ISSUED OUT FOR A TWO MILE RADIUS FOR THE MALE SUBJECT. AT THAT TIME, DISPATCH RECEIVED A TELEPHONE CALL FROM MS LINDA STORMAN/WITNESS. MS STORMAN ADVISED DISPATCH THAT HER SON, MR BRUCE STORMAN/WITNESS, HAD A MAN IN A BLACK SHIRT FLAG HIM DOWN THAT WAS OUT OF BREATH AND ASKED FOR A RIDE IN THE AREA OF WEST DUNNELLON ROAD AND DOWNS LANE. THIS OCCURRED WHEN MR STORMAN WAS TRANSPORTING HIS DAUGHTER TO SCHOOL. MR STORMAN THEN DECLINED TO GIVE THE SUBJECT A RIDE, DUE TO JUST HEARING ABOUT A POSSIBLE BURGLARY IN THE AREA AND NOT KNOWING IF THE SUBJECT WAS INVOLVED. AFTER A FOUR MINUTE TIME LAPSE, MYSELF, DEPUTY INDORATO AND CANINE REPO RESPONDED TO THE AREA OF DOWNS AND WEST DUNNELLON ROAD. UPON ARRIVAL, DEPUTY INDORATO DEPLOYED CANINE REPO IN THE LAST KNOWN AREA THE SUBJECT HAD BEEN SEEN. SEE DEPUTY INDORATOSâ CANINE SUPPLEMENT FOR DETAILS. AT APPROXIMATELY 0825 HOURS, DEPUTY INDORATO, MYSELF AND CANINE REPO MADE CONTACT WITH THE SUBJECT, LATER IDENTIFIED AS THE DEFENDANT, MR ZACHARY LINVILLE, IN THE WOODED AREA. AT THAT TIME, THE DEFENDANT WAS APPREHENDED BY CANINE REPO. SEE DEPUTY INDORATOSâ CANINE SUPPLEMENT FOR FURTHER DETAILS. UPON MAKING CONTACT WITH THE DEFENDANT, WE OBSERVED HIM TO MATCH THE DESCRIPTION AND THE CLOTHING OF THE SUSPECT AS PREVIOUSLY PROVIDED BY THE WITNESSES. IT SHOULD BE NOTED THAT THE DEFENDANT WAS APPROXIMATELY ONE MILE AWAY FROM THE INCIDENT LOCATION, AND WAS CONCEALING HIMSELF UNDER NUMEROUS PALM FRONDS AND PINE NEEDLES AT THE TIME CANINE REPO APPREHENDED HIM. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, AND EMERGENCY MEDICAL SERVICES WERE ASKED TO RESPOND TO SCENE TO MEDICALLY CLEAR HIM. DETECTIVE DERA DID TRANSPORT THE COMPLAINANT TO SCENE, WHO, UPON ARRIVAL, POSITIVELY IDENTIFIED THE DEFENDANT AS THE HEAVY SET MALE SUBJECT HE OBSERVED WEARING A DARK SHIRT, CARRYING A BLANKET AND FLEEING FROM HIS BROTHER/VICTIMâS RESIDENCE. ONCE THE DEFENDANT WAS MEDICALLY CLEARED BY EMERGENCY MEDICAL SERVICES, DEPUTY RICCI (0606) TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. ALL INVOLVED PARTIES COMPLETED SWORN WRITTEN STATEMENTS WHICH WERE LATER SUBMITTED TO RECORDS. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS TURNED OVER TO DETENTION STAFF FOR PROCESSING, WHERE HIS BOND WAS SET AT $118,000.00 PER THE BOND SCHEDULE. |
