| Probable cause affidavit: |
SUBMITTED BY: RICHEY, JONATHAN 0678 (AR2589) THE DEFENDANT, MR BRANDON SCOTT KESSEL, DID, UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: PLANTATION INN OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: AN EZ GO GOLF CART, 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). \t\t THE DEFENDANT, MR BRANDON SCOTT KESSEL, DID, KNOWING HIS DRIVERâS LICENSE OR DRIVING PRIVILEGE HAD BEEN CANCELLED, SUSPENDED OR REVOKED, DRIVE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE SUCH LICENSE OR PRIVILEGE WAS CANCELLED, IN VIOLATION OF FLORIDA STATE STATUTE 322.34(2)(A). ON 090212 AT APPROXIMATELY 2228 HOURS, I RESPONDED TO THE PLANTATION INN OF CRYSTAL RIVER, REFERENCE THE THEFT OF A GOLF CART. I FIRST SPOKE WITH THE COMPLAINANT, PLANTATION SECURITY OFFICER, MR JUSTIN FACTO. THE COMPLAINANT ADVISED THIS DEPUTY THAT SOMETIME BETWEEN 2130 HOURS AND 2140 HOURS, THE PLANTATION INNâS MAINTENANCE EZ GO, GREEN IN COLOR GOLF CART HAD BEEN TAKEN FROM THE WEST SIDE OF THE BUILDING, DIRECTLY OUTSIDE OF THE OFFICE. HE ADVISED THAT WHEN IT WAS TAKEN, HE HAD HEARD THE REVERSE BEEPING ALERT SOUND, AND AS HE RAN OUTSIDE TO LOOK, HE SAW THE GOLF CART BEING DRIVEN AWAY BY A SUBJECT. THE COMPLAINANT ADVISED THAT HE COULD NOT PROVIDE ANY DESCRIPTORS OF THE SUBJECT. HE FURTHER ADVISED THAT THE GOLF CART HAD A 3 FOOT TALL ORANGE EXTENSION LADDER ON THE BACK, AND MISCELLANEOUS POWER TOOLS IN THE FRONT. HE COULD NOT PROVIDE A SERIAL NUMBER FOR THE GOLF CART AT THIS TIME AND ADVISED THAT THERE WERE NO SECURITY CAMERAS IN THE AREA OF THE INCIDENT. HOWEVER, HE ADVISED THAT HE HAD SEEN AN INTOXICATED MALE STANDING IN THE LOBBY OF THE PLANTATION JUST BEFORE THE THEFT. THE COMPLAINANT ADVISED THAT HE BELIEVED THAT THIS SUBJECT WAS STAYING AT THE PLANTATION, BUT WAS UNSURE OF WHICH ROOM. THE COMPLAINANT ADVISED THAT THE PLANTATION DID WISH TO PROSECUTE. HE AND SECURITY OFFICER MORRIS COLWELL, WITNESS TWO, WHO HAD ARRIVED SHORTLY AFTER, WERE BOTH ISSUED CITRUS COUNTY SHERIFF'S OFFICE CASE CARDS WITH THIS INCIDENT NUMBER. OFFICERS FACTO AND COLWELL THEN BEGAN SEARCHING FOR THE STOLEN GOLF CART ON OFFICER COLWELLâS GOLF CART. I THEN BEGAN BOLOIâNG THE AREA IN AN UNMARKED PICKUP TRUCK. AS I WAS TRAVELING A SHORT TIME LATER DOWN SOUTHEAST PARADISE POINT, APPROACHING 4TH AVENUE, I OBSERVED A GOLF CART WITH NO LIGHTS ON, COMING OFF OF SE 4TH AVENUE TOWARDS MY DIRECTION. I THEN STOPPED MY VEHICLE, AND AS THE GOLF CART APPROACHED MY VEHICLE, I RECOGNIZED IT AS THE STOLEN GOLF CART, AS I WAS FAMILIAR WITH THIS GOLF CART FROM RESPONDING TO THE PLANTATION FOR PREVIOUS CALLS FOR SERVICE. I OBSERVED A WHITE MALE, WEARING ONLY BATHING SUIT TRUNKS, TO BE DRIVING THE GOLF CART, AND WAS THE ONLY PASSENGER. I IMMEDIATELY OPENED MY DOOR AS THE GOLF CART DROVE BY, AND ANNOUNCED CITRUS COUNTY SHERIFF'S OFFICE, AND DIRECTED THE DRIVER TO STOP THE GOLF CART. THE DRIVER OF THE GOLF CART CONTINUED TO DRIVE EASTBOUND. I THEN ACTIVATED MY EMERGENCY LIGHTS, PROCEEDED IN REVERSE, AND AT THE SAME TIME, THE TWO SECURITY OFFICERS FROM THE PLANTATION PULLED IN FRONT OF THE GOLF CART TO PREVENT IT FROM LEAVING. AS THE CART CAME TO A STOP, APPROXIMATELY 100 FEET FROM WHERE I HAD FIRST ANNOUNCED MYSELF, I APPROACHED THE CART, AND ASKED THE DRIVER, LATER IDENTIFIED AS THE DEFENDANT, TO STEP OFF OF FROM THE GOLF CART, WHICH THE DRIVER REFUSED TO DO. I THEN PLACED HANDCUFFS ON THE DEFENDANT, DOUBLE LOCKING HIM BEHIND HIS BACK. AS I WAS PICKING UP THE DEFENDANT FROM THE GOLF CART, THE DEFENDANT ASKED ME WHY HE WAS BEING ARRESTED. I ADVISED THE DEFENDANT THAT HE WAS DRIVING A STOLEN GOLF CART, AND THE DEFENDANT STATED THAT HE HAD NOT STOLEN THE GOLF CART, AND IT WAS NOT HIS. I THEN REQUESTED A TRANSPORT UNIT, AND DEPUTY NORTON (0758) RESPONDED TO THE SCENE. THE DEFENDANT WAS THEN PLACED AND SECURED IN THE REAR OF DEPUTY NORTONâS PATROL VEHICLE. I THEN ATTEMPTED TO GAIN INFORMATION FROM THE DEFENDANT SUCH AS HIS NAME AND DATE OF BIRTH; AND THE DEFENDANT STATED THAT UNTIL HE HAD A LAWYER, HE WOULD NOT SPEAK WITH ME. THE DEFENDANT WAS THEN TRANSPORTED BY DEPUTY NORTON TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT FURTHER INCIDENT. SEE DEPUTY NORTONâS SUPPLEMENT FOR FURTHER INFORMATION. WHILE I WAS STILL ON SCENE, I WAS APPROACHED BY THE RESIDENT AT THE CORNER SE PARADISE POINT AND SE 4TH AVENUE, WHICH IS 1432 SE 4TH AVENUE. THE RESIDENT, WITNESS THREE, MS TINA EMERSON ADVISED THAT PRIOR TO MY ARRIVAL, SHE HAD NOTICED THE GOLF CART PARKED ON HER PROPERTY, CLOSET TO THE PARADISE POINT SIDE. SHE ADVISED THAT SHE BEGAN CALLING LOCAL BUSINESSES TO SEE IF THE CART BELONGED TO THEM. SHE ADVISED THAT DURING THIS TIME, SHE WITNESSED THE DEFENDANT GET INTO THE GOLF CART, DRIVE AWAY, AND WAS SHORTLY APPREHENDED BY MYSELF. DEPUTY NORTON WAS ABALE TO OBTAIN THE DEFENDANTâS NAME AND DATE OF BIRTH WHILE EN ROUTE TO THE CITRUS COUNTY DETENTION FACILITY. DEPUTY NORTON FOUND UPON RUNNING THE DEFENDANT THROUGH D.A.V.I.D., THAT HIS FLORIDA DRIVER'S LICENSE WAS SUSPENDED. THE DEFENDANTâS LICENSE HAD BEEN SUSPENDED ON 060208, 060908, 061808, 123108, 101408, 080612 AND 022609; ALL WITH NOTICES GIVEN. I WAS ABLE TO DETERMINE THROUGH OFFICER FACTO, THAT THE DEFENDANT HAD BEEN THE SUBJECT HE HAD SEEN IN THE PLANTATION INN LOBBY. IT WAS LATER LEARNED THAT THE DEFENDANT WAS STAYING IN ROOM 120 OF THE PLANTATION INN. THE TWO PLANTATION INN OFFICERS BOTH ADVISED THIS DEPUTY THAT ALL TOOLS AND ITEMS WHICH HAD BEEN IN THE GOLF CART PRIOR TO ITS THEFT WERE RECOVERED WITH THE GOLF CART. OFFICER FACTO ADVISED THAT HE HAD LEFT THE KEY IGNITION IN THE ON POSITION; AND DESPITE REMOVING THE KEY WHEN HE LEFT THE GOLF CART UNATTENDED, THE DEFENDANT WAS ABLE TO DRIVE IT AWAY BECAUSE THE IGNITION REMAINED ON. AT THAT TIME, THE GOLF CART WAS TURNED OVER TO THE SECURITY OFFICERS OF THE PLANTATION INN. I THEN PROCEEDED TO THE CITRUS COUNTY DETENTION FACILITY, AND ISSUED THE DEFENDANT FLORIDA CRIMINAL UNIFORM TRAFFIC CITATION, NUMBER 8412GQF4, FOR KNOWINGLY DRIVING ON A SUSPENDED OR REVOKED DRIVER'S LICENSE, WITH A MANDATORY COURT DATE AT THE CITRUS COUNTY COURTHOUSE ON 092012 AT 1300 HOURS. THE DEFENDANT WAS CHARGED WITH ONE COUNT OF GRAND THEFT, AND ONE COUNT OF KNOWINGLY DRIVING WHILE LICENSE SUSPENDED OR REVOKED, WITH HIS BOND WAS SET AT $2,500.00, PER THE BOND SCHEDULE. |