| Probable cause affidavit: |
SUBMITTED BY: PHILLIPS, SHANNON 0223 (AR14-9190) FASS, CRAIG 0361 (CASE 14-25621) DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: A POULAN 42â, 17.5 HP RIDING LAWNMOWER, SAID DAMAGE BEING OF A VALUE OF $1,154.88, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(B)(3) ON 022214, I ARRIVED AT 5829 SOUTH LIVE OAK DRIVE IN FLORAL CITY, WHERE I WAS ADVISED BY DEPUTY SHANNON PHILLIPS, THAT HE RELIEVED DEPUTY MULLINS, AND THAT DEPUTY MULLINS WAS DISPATCHED TO THIS LOCATION DUE TO THE VICTIMâS (GERALD POLISKY) RIDING LAWNMOWER BEING REMOVED FROM HIS PROPERTY AND THEN LOCATED IN A WOODED AREA APPROXIMATELY ONE HALF MILE FROM THE VICTIMâS RESIDENCE. DEPUTY PHILLIPS ADVISED HE AND DEPUTY MULLINS MADE CONTACT WITH A WITNESS JACOB ALTHOFF, WHO ADVISED THAT HE HAD OBSERVED THE VICTIMâS NEPHEW, MR GREGORY BASSETT, PUSH THE RIDING LAWNMOWER FROM THE VICTIMâS SHED, DOWN THE STREET, AND THEN DRIVE IT INTO THE WOODS AT APPROXIMATELY 0100 HOURS ON 022214. DEPUTY PHILLIPS AND DEPUTY MULLINS WERE ABLE TO LOCATE THE VICTIMâS MOWER AND IT WAS COMPLETELY TOTALED DUE TO IT HAVING BEEN SET ON FIRE. DEPUTY PHILLIPS AND I MADE CONTACT WITH THE VICTIM, MR GERALD POLISKY, WHO PROVIDED ME WITH A SWORN VERBAL STATEMENT AND THEN LATER PROVIDED A SWORN DIGITALLY TAPED STATEMENT WHICH WERE BOTH SIMILAR IN NATURE. MR POLISKY ADVISED THAT HE ALLOWED HIS NEPHEW, MR GREGORY BASSETT, TO RESIDE WITH HIM FOR FREE BECAUSE HE HAD NO WHERE ELSE TO LIVE. HE STATED HE KNEW HIS NEPHEW HAD A PAST DRUG PROBLEM, BUT THOUGHT HE HAD CHANGED AND WAS JUST TRYING TO HELP HIM OUT. HE ADVISED THAT EARLIER IN THE MORNING OF 022214, AT APPROXIMATELY 0100 HOURS, HE HEARD SUBJECTS AROUND HIS SHED. HIS SHED DOOR WAS CLOSED BUT NOT LOCKED. HE ADVISED HE OBSERVED HIS NEPHEW GREGORY AND A FRIEND WHO LIVES DOWN THE ROAD NAMED JACOB ALTHOFF. HE STATED HIS NEPHEW HAS HAD PERMISSION AND HAS DRIVEN HIS RIDING LAWNMOWER IN THE PAST BUT HE DID NOT HAVE PERMISSION TO REMOVE THE LAWNMOWER FROM HIS PROPERTY. HE STATED WHEN HE WOKE UP AT APPROXIMATELY 0500 HOURS, HE OBSERVED HIS SHED DOOR OPEN, AND HIS RIDING LAWNMOWER WAS NO LONGER THERE HE ADVISED HE SPOKE WITH HIS NEPHEW, GREGORY BASSETT, WHO TOLD HIM HE DID NOT NEED TO CALL LAW ENFORCEMENT BECAUSE HE KNEW WHERE THE RIDING LAWNMOWER WAS. MR POLISKY ADVISED WHILE HE WAS CALLING LAW ENFORCEMENT GREGORY LEFT ON FOOT. MR POLISKY ADVISED THERE IS ONLY ONE KEY TO THE LAWNMOWER AND HE STILL HAD THAT KEY IN HIS POSSESSION. HE SHOWED ME THE LAWNMOWER KEY AND PROVIDED ME WITH THE PAPERWORK FROM AARONâS WHERE HE HAD PURCHASED THE LAWNMOWER. MR POLISKY PURCHASED THE MOWER IN APRIL OF 2013, AND HE PAID $1,154.88 FOR IT. THE RELEVANT INFORMATION REGARDING THE LAWNMOWER IS LISTED IN REPORT PROPERTY SCREENS. DEPUTY PHILLIPS AND I INFORMED MR POLISKY THAT WE BELIEVED WE HAD LOCATED HIS LAWNMOWER. WE THEN DROVE TO THAT LOCATION AND MR POLISKY FOLLOWED BEHIND US IN HIS VEHICLE. MR POLISKY POSITIVELY IDENTIFIED THE CHARRED LAWNMOWER AS BEING HIS AND EVEN POINTED TO UNDERNEATH THE HOOD OF THE LAWNMOWER WHERE HIS NAME WAS WRITTEN. HE ADVISED THAT HE WOULD COME BACK AND RETRIEVE THE REMAINING PARTS OF THE LAWNMOWER LATER IN THE AFTERNOON. DEPUTY PHILLIPS TOOK PHOTOGRAPHS OF THE VICTIMâS SHED WHERE THE LAWNMOWER WAS KEPT, FOOT PRINTS INSIDE OF THE SHED WHICH DID NOT HAVE A LOT OF DEFINITION AND OF THE VICTIMâS LAWNMOWER, INCLUDING WHERE HIS NAME IS WRITTEN UNDERNEATH THE HOOD (SEE CRIME SCENE TECHNICIANâS REPORT CST). DEPUTY PHILLIPS AND I THEN DROVE TO 5725 SOUTH LIVE OAK AND MADE CONTACT WITH THE WITNESS, MR JACOB ALTHOFF. I CONDUCTED A DIGITALLY TAPED SWORN INTERVIEW WITH MR ALTHOFF AND ON THAT SAME RECORDING HIS MOTHER, MS KRISTIE MILLARD AND HER BOYFRIEND, MR BRYAN OTERO, ALSO GAVE SWORN STATEMENTS. JACOB ALTHOFF ADVISED HE WAS AT THE RESIDENCE OF GREGORY BASSETT AND THEY WERE NIGHT FISHING ON HIS DOCK. HE ADVISED THAT GREGORY TOLD HIM THAT HE WANTED TO TAKE HIS UNCLEâS (VICTIMâS) RIDING LAWNMOWER FOR A âJOY RIDEâ. JACOB STATED THAT IT WAS ONE OâCLOCK IN THE MORNING AND HE DID NOT WISH TO PARTAKE IN TAKING THE MOWER, AND HE OBSERVED GREGORY PUSH THE MOWER OUT OF THE SHED, DOWN LIVE OAK DRIVE, AND THEN JUMP START THE LAWNMOWER. HE ADVISED HE OBSERVED GREGORY DRIVE SOUTH ON LIVE OAK DRIVE, TOWARD THE MUD PIT LOCATED APPROXIMATELY ONE HALF MILE FROM THEIR RESIDENCES. BRYAN OTERO AND KRISTIE MILLARD STATED THEY OBSERVED GREGORY BASSETT DRIVING THE VICTIMâS LAWNMOWER SOUTH ON LIVE OAK DRIVE. THEY ADVISED THEY WERE DRIVING HOME FROM A FRIENDâS HOUSE AND THAT WAS WHEN THEY OBSERVED THE SUSPECT ON THE LAWNMOWER. WE THEN BOLOâD THE AREA AND WERE UNABLE TO MAKE CONTACT WITH THE SUSPECT, MR GREGORY BASSETT. AT APPROXIMATELY 1100 HOURS, THE VICTIM CALLED DISPATCH AND ADVISED HE BELIEVED HIS NEPHEW HAD RETURNED HOME AND THAT HE WAS CURRENTLY AT THE RESIDENCE. DEPUTY POLLARD, DEPUTY PHILLIPS, AND I THEN DROVE TO 5829 SOUTH LIVE OAK DRIVE AND MADE CONTACT WITH GREGORY BASSETT. I CONDUCTED A SWORN DIGITALLY TAPED INTERVIEW WITH MR BASSETT, WHO ADVISED THAT HE OBSERVED A MALE SUBJECT, THAT HE DID NOT KNOW PUSH HIS UNCLEâS LAWNMOWER DOWN THE STREET AND THEN JUMP START THE LAWNMOWER. MR BASSETT STATED HE ATTEMPTED TO RUN AFTER THE SUBJECT ON THE LAWNMOWER AND WAS UNABLE TO LOCATE HIM. MR BASSETT DENIED BEING ON THE LAWNMOWER IN THE EARLY MORNING HOURS AND STATED THE LAST TIME HE WAS ON THE LAWNMOWER WAS THE PREVIOUS DAY. MR BASSETT FURTHER DENIED TELLING HIS UNCLE HE KNEW WHERE THE LAWNMOWER WAS LOCATED. AFTER COMPLETING THE INVESTIGATION, AND HAVING WITNESSES WHO HAD OBSERVED THE SUBJECT GREGORY BASSETT ON THE VICTIMâS LAWNMOWER DURING THE TIME PERIOD OF THIS INCIDENT, I PLACED MR BASSETT UNDER ARREST. HE WAS HANDCUFFED, DOUBLE LOCKED BEHIND HIS BACK, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR ONE COUNT OF FELONY CRIMINAL MISCHIEF. THE DEFENDANT WAS BOOKED AND PROCESSED AT THE JAIL WITH HIS BOND SET AT $1,000.00 PER THE BOND SCHEDULE. I WILL PLACE THE DIGITAL RECORDINGS ONTO A CD AND THEY WILL BE FORWARDED TO EVIDENCE. |
