| Probable cause affidavit: |
SUBMITTED BY: BERGEN, JOHN 0519 (AR07100561) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN DWELLING OR CURTILAGE THEREOF, LOCATED IN THE COUNTY OF CITRUS AND THE STATE OF FLORIDA, THE PROPERTY OF THE VICTIM, AS OWNER OR CUSTODIAN THEREOF, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO WIT: BURGLARY, IN VIOLATION OF FLORIDA STATE STATUTES 810.02(1) AND 810.02(3)(B); AND DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN DWELLING OR CURTILAGE THEREOF, LOCATED IN THE COUNTY OF CITRUS AND THE STATE OF FLORIDA, THE PROPERTY OF THE VICTIM, AS OWNER OR CUSTODIAN THEREOF, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO WIT: BURGLARY, IN VIOLATION OF FLORIDA STATE STATUTES 810.02(1) AND 810.02(4)(A); AND DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: 2004 HONDA AL TERRAIN VEHICLE, CHAINSAW AND LAWNMOWER, OF THE VALUE OF FIVE THOUSAND DOLLARS OR MORE, BUT LESS THAN TEN THOUSAND DOLLARS ($10,000.00), 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 STATUTES 812.014(1) AND 812.014(2)(C)2. ON 120107, I WAS NOTIFIED BY CORPORAL CORBIN ABOUT CASE 07100015, IN WHICH THERE WAS PROBABLE CAUSE FOR THE ARREST OF MR MICHAEL HANDLEY, JR (DEFENDANT). CORPORAL CORBIN ADVISED HE THOUGHT HE KNEW THE DEFENDANT'S WHEREABOUTS THIS MORNING; HOWEVER, HE WAS NOT ABLE TO LOCATE THE DEFENDANT. THE INITIAL INVESTIGATION (07100015) ADVISED, ON 100407 AT 1130 HOURS, WHILE TRAVELING ON AN UNNAMED CROSS ROAD AT THE NORTH END OF AMPHIBIAN POINT LEADING TO CHAMELEON POINT, CORPORAL CORBIN OBSERVED ON THE NORTH SIDE OF THE ROADWAY, A GREEN CRAFTSMAN RIDING LAWNMOWER BACKED INTO THE WOODS WITH A CRAFTSMAN CHAINSAW ON THE SEAT. AFTER HE FOLLOWED THE TRACKS FROM THAT LOCATION EASTBOUND THROUGH A HOLE THAT APPEARED TO HAVE BEEN CUT IN THE FENCE AT 3487 NORTH CHAMELEON POINT TO THE REAR YARD, HE HAD OBSERVED THE EAST SIDE WINDOW TO A REAR SHED TO BE SHATTERED INWARD AND THE DOOR TO THE SHED OPEN. THERE WAS NO ONE AT THE RESIDENCE AND UPON FURTHER INVESTIGATION, HE FOUND THE REAR SCREEN DOOR TO BE CLOSED AND THE INNER DOOR AJAR. UPON CORPORAL CORBIN ENTERING THE RESIDENCE, IT APPEARED AS IF NO ONE CURRENTLY RESIDED AT THAT RESIDENCE. CORPORAL CORBIN THEN MADE CONTACT WITH THE NEIGHBOR/WITNESS ON THE SOUTH SIDE OF THE VICTIM'S RESIDENCE. THIS NEIGHBOR ADVISED THAT APPROXIMATELY ONE WEEK PREVIOUS, HE HAD OBSERVED FROM HIS YARD WHAT APPEARED TO BE A BROKEN WINDOW IN THE VICTIM'S SHED. HE FURTHER ADVISED THAT THE OWNER WAS IN MICHIGAN. HE ADVISED ON 093007 AT APPROXIMATELY 1000 HOURS, HE HAD OBSERVED HIS OTHER NEIGHBOR/SUSPECT, MR MICHAEL HANDLEY, IN THE VICTIM'S RESIDENCE. HE STATED THAT WHILE IN HIS YARD, HE HAD SEEN A WHITE FEMALE STANDING AT THE ROADWAY IN FRONT OF THE VICTIM'S RESIDENCE. THE FEMALE WAS DESCRIBED AS SHORT, THIN BRUNETTE, WITH SHOULDER LENGTH STRAIGHT TO WAVY HAIR, WEARING SHORTS, APPROXIMATELY 40 YEARS OF AGE. HE ADVISED WHEN HE SAW HER AND SHE SAW HIM, SHE YELLED, AT WHICH TIME, MR HANDLEY STEPPED OUT OF THE FRONT DOOR OF THE VICTIM'S RESIDENCE. HE STATED HE TOLD MR HANDLEY THAT IF HE SAW HIM IN THAT YARD AGAIN HE WOULD CALL THE SHERIFF, TO WHICH MR HANDLEY RESPONDED, "DON'T DO THAT, I JUST GOT OUT OF JAIL." HE STATED MR HANDLEY THEN EXITED THE YARD AND HE AND THE WHITE FEMALE RETURNED TO THEIR RESIDENCE LOCATED AT 3435 NORTH CHAMELEON POINT. WITNESS PROVIDED A CONTACT NAME AND TELEPHONE NUMBER FOR MR BOB ELKINS (563-5956), WHO I CONTACTED. MR ELKINS ADVISED THAT HE IS A CARETAKER OF THE PROPERTY. HE ADVISED THERE SHOULD BE A HARLEY DAVIDSON MOTORCYCLE AND A FOUR-WHEELER INSIDE THE SHED. I ADVISED MR ELKINS THE HARLEY DAVIDSON WAS STILL PRESENT; HOWEVER, THE FOUR-WHEELER WAS NOT. HE THEN PROVIDED ME WITH A TELEPHONE NUMBER FOR THE OWNER/VICTIM. CORPORAL CORBIN THEN CONTACTED THE NUMBER PROVIDED FOR THE VICTIM AND SPOKE WITH A FEMALE, WHO ADVISED SHE WAS THE DAUGHTER OF THE VITIM AND SHE WOULD HAVE HIM CONTACT THIS AGENCY AS SOON AS POSSIBLE TO PROVIDE THE NECESSARY INFORMATION REGARDING THE FOUR-WHEELER AND ANY OTHER ITEMS THAT WERE POSSIBLY MISSING. A WRITTEN STATEMENT WAS PROVIDED BY THE WITNESS, WHICH WAS TURNED INTO THE RECORDS DEPARTMENT. ON 120107, I PATROLLED THE AREA IN WHICH CORPORAL CORBIN BELIEVED THE DEFENDANT MIGHT BE LOCATED. I MADE CONTACT WITH THE DEFENDANT, WHO WAS RIDING HIS BICYCLE ON CYRUS STREET just SOUTH OF NORTH CREDE AVENUE. I WAS FAMILIAR WITH MR HANDLEY DUE TO VIEWING MULTIPLE PHOTOS OF THE DEFENDANT. UPON MAKING CONTACT, HE ADVISED HE KNEW WE WERE LOOKING FOR HIM AND HE WAS COOPERATIVE. HE WAS PLACED IN HANDCUFFS AND CONTACT WAS MADE WITH DETECTIVE WILLIS, WHO ADVISED HE WOULD MEET ME AT THE GULF REGIONS SUB-STATION TO SPEAK WITH THE DEFENDANT. ACCORDING TO DETECTIVE WILLIS, SEVERAL ATTEMPTS HAD BEEN MADE CONTACT THE DEFENDANT AT HIS RESIDENCE AND KNOWN HANG-OUT LOCATIONS. MESSAGES HAD BEEN LEFT WITH FRIENDS AND ASSOCIATES; HOWEVER, ALL ATTEMPTS WERE MET WITH NEGATIVE RESULTS. DETECTIVE WILLIS STATED, BASED ON THE STATEMENTS OF THE EYE WITNESS AND THE VICTIM, PROBABLE CAUSE EXISTED FOR THE ARREST OF THE DEFENDANT. PRIOR TO RESPONDING TO THE SUBSTATION, I READ MR HANDLEY HIS MIRANDA RIGHTS from the LAW ENFORCEMENT FIELD GUIDE, AT WHICH TIME, HE STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH DETECTIVE WILLIS ABOUT THIS CASE. DETECTIVE WILLIS MET WITH THE DEFENDANT AT THE GULF REGIONS SUBSTATION WHERE HE SPOKE WITH THE DEFENDANT. AFTER DETECTIVE WILLIS COMPLETED HIS INTERVIEW, HE ADVISED THIS DEPUTY TO TAKE THE DEFENDANT INTO CUSTODY AND CHARGE HIM WITH TWO COUNTS OF BURGLARY AND ONE COUNT OF GRAND THEFT. THE DEFENDANT WAS SUBSEQUENTLY TRANSPORTED TO THE CITRUS DETENTION FACILITY WHERE HE WAS BOOKED ON THE LISTED CHARGES AND HIS BOND SET AT $8,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
