| Probable cause affidavit: |
SUBMITTED BY: DOWLING, THOMAS 0709 (AR11120177) UNLAWFULLY ENTER OR REMAIN IN A CERTAIN DWELLING OR CURTILAGE THEREOF, TO-WIT: THE VICTIM'S RESIDENCE, LOCATED AT 7378 WEST OTTER STREET, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(3)(A) ON 040911 AT APPROXIMATELY 0257 HOURS, I WAS DISPATCHED TO 7378 WEST OTTER STREET IN HOMOSASSA IN REFERENCE TO A BURGLARY TO AN OCCUPIED DWELLING. WHEN I ARRIVED, I MADE CONTACT WITH THE VICTIM, MS NANCY PEASE, WHO WAS SITTING UP IN HER BEDROOM ATTACHED TO A BREATHING MACHINE. MS PEASE STATED APPROXIMATELY TWENTY MINUTES PRIOR TO HER CALLING THIS AGENCY, SHE WAS ASLEEP AND FELT HER BREATHING TUBE START TO MOVE. SHE STATED SHE AWOKE AND NOTICED THAT HER PURSE WAS BEING SLID ON THE FLOOR, IN A SLOW MOTION, TOWARD THE END OF HER BED, FROM THE LEFT SIDE OF HER BED. MS PEASE STATED THIS STARTLED HER WHICH STARTLED A MAN WHO WAS TRYING TO CONCEAL HIMSELF AT THE END OF HER BED. SHE ADVISED SHE RECOGNIZED THE MAN AS "CHUCK" WHO RESIDED NEXT DOOR AT 7350 WEST OTTER STREET. SHE ASKED "CHUCK," WHO WAS LATER IDENTIFIED AS THE DEFENDANT, MR CHARLES STEWART, WHAT HE WAS DOING IN HER HOUSE. SHE SAID THE DEFENDANT TOLD HER "I WAS ONLY GOING TO TAKE MONEY FOR CIGARETTES. I'M SORRY." SHE TOLD HIM TO GET OUT OF HER HOUSE, AT WHICH TIME THE DEFENDANT STATED "YOU'RE NOT GOING TO CALL THE COPS ARE YOU?" MS PEASE STATED SHE TOLD THE DEFENDANT "WHAT DO YOU THINK I'M GOING TO DO," AT WHICH TIME THE DEFENDANT LEFT HER HOUSE. MS PEASE STATED SHE SAW THAT THE BACK DOOR WAS OPEN AND THE WINDOWS IN THE BACK DOOR WERE ALSO OPEN. SHE STATED SHE GRABBED DUCT TAPE AND TAPED THE WINDOWS SHUT. SHE STATED SHE WAITED TWENTY MINUTES TO CALL BECAUSE SHE WAS SO WORKED UP OVER THE INCIDENT AND BECAUSE SHE HAD PREVIOUSLY SUFFERED A STROKE THAT SHE COULD NOT TALK AT THAT TIME AND HAD TO CALM HERSELF BEFORE BEING ABLE TO CALL THIS AGENCY. SHE ADVISED THE DEFENDANT WAS WEARING A BLACK SHIRT AND SHORTS. WHILE WALKING TO THE DEFENDANT'S RESIDENCE, LOCATED TO THE LEFT OF THE VICTIM'S RESIDENCE, I NOTICED FRESH SHOE IMPRESSIONS COVERING OLD TIRE TRACKS LEADING FROM THE VICTIM'S RESIDENCE TO THE DEFENDANT'S RESIDENCE. I KNOCKED ON THE REAR DOOR OF THE DEFENDANT'S RESIDENCE AND NOTICED A ROOM WITH A LIGHT ON. I KNOCKED AGAIN, SAW A SHADOW MOVING BEHIND THE DOOR AND THE LIGHT SHUT OFF. I WENT TO THE SLIDING GLASS DOOR, LOCATED NEXT TO THE BACK DOOR, AND OBSERVED A MALE SUBJECT, LATER IDENTIFIED AS MR DAVID RYAN, SLEEPING ON THE LIVING ROOM FLOOR. I KNOCKED MULTIPLE TIMES, AT WHICH TIME MR RYAN OPENED THE REAR DOOR. WHEN ASKED IF THE DEFENDANT WAS AT HOME, MR RYAN STATED NO ONE ELSE WAS THERE. WHEN CONFRONTED ABOUT MY SEEING A LIGHT ON IN ANOTHER ROOM, MR RYAN STATED HE WOULD CHECK. HE OPENED THE DOOR TO THAT ROOM WHERE I OBSERVED A WHITE MALE, DEFENDANT STEWART, WHO WAS WEARING A BLACK SHIRT AND SHORTS. I ASKED THE DEFENDANT IF HE KNEW WHY I WAS THERE, TO WHICH HE STATED "YES, PROBABLY BECAUSE OF NANCY." I ASKED THE DEFENDANT WHAT HAD HAPPENED, TO WHICH HE STATED HE HAD GONE NEXT DOOR, KNOCKED MULTIPLE TIMES AND NO ONE ANSWERED SO HE WENT TO THE BACK DOOR, PULLED OPEN THE WINDOWS ON THE BACK DOOR, REACHED INSIDE AND UNLOCKED THE BACK DOOR. HE STATED HE HEARD MS PEASE BREATHING HEAVILY. HE STATED HE CALLED HER NAME AND THAT SHE ONLY MADE A NOISE BUT DID NOT WAKE UP. HE STATED HE SAW HER PURSE AND WAS ONLY GOING TO TAKE MONEY FOR CIGARETTES. I ASKED HIM WHY HE HAD NOT JUST ASKED, TO WHICH HE ADVISED "I DON'T KNOW." MS PEASE STATED SHE HAD NEVER GIVEN THE DEFENDANT PERMISSION TO COME INSIDE OF HER RESIDENCE WITHOUT HER SAYING SO AND HAD NEVER GIVEN HIM ANY MONEY. THE DEFENDANT WAS PLACED UNDER ARREST FOR ONE COUNT OF BURGLARY TO AN OCCUPIED DWELLING. HE WAS HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK, SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL, THE DEFENDANT WAS BOOKED AND HELD ON A BOND OF $5,000.00, IN ACCORDANCE WITH 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* |
