| Probable cause affidavit: |
SUBMITTED BY: DERA, MARK 0688 (AR13-8405) (13-170188) did unlawfully enter or remain in a certain conveyance, to-wit: A 2001 TEAL HYUNDAI ACCENT GL, BEARING FLORIDA LICENSE PLATE BWPW50, the property of JILLIAN KENDZIERSKI, without said person's consent, with the intent to commit an offense therein, to-wit: ENTER THE VEHICLE, and the said conveyance was not open to the public at the time, and RUFUS HOYT WAS not licensed or invited to enter or remain in said conveyance, in violation of Florida Statute 810.02; DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, JILLIAN KENDZIERKSI, TO WIT: REMOVED A VERA BRADLEY WALLET CONTAINING $120.00 CASH, TWO BUSH GARDEN TICKETS VALUED AT $160.00, FLORIDA DRIVER'S LICENSE, SUNTRUST VISA DEBIT CARD, TWO SOCIAL SECURITY CARDS, AND INSURANCE CARD, SAID PROPERTY BEING OF A VALUE OF APPROXIMATELY $300.00 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 STATE STATUTES 812.014(1) and 812.014(3)(a). DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: A BLACK CHECKERED WALLET CONTAINING RANDOM HOTEL KEY CARDS, VIAL OF HUMELOG INSULIN, TWO INSULIN SYRINGES, AND REGIONS BANK CARD THE THE VALUE OF $100.00 OR MORE BUT LESS THAN $300.00, 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, AND THE PROPERTY WAS TAKEN FROM A DWELLING OR FROM THE UNENCLOSED CARTILAGE OF A DWELLING, IN VIOLATION OF FLORIDA STATUTES 812.014(1) AND 812.014(2)(D); DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION A CONTROLLED SUBSTANCE, TO WIT: THREE ALTRAZOLAM 2 MILLIGRAMS AND TWO MORPHINE SULPHATE EXTENDED-RELEASE, IN VIOLATION OF FLORIDA STATE STATUTE 893.13(6)(A). ON 121113, THE CITRUS COUNTY SHERIFF'S OFFICE received A REPORT OF A VEHICLE BURGLARY AT THE WAL-MART IN LECANTO LOCATED AT 1936 NORTH LECANTO HIGHWAY. DEPUTY REYNOLDS RESPONDED AND MADE CONTACT WITH VICTIM ONE, MS JILLIAN KENDZIERSKI, AND VICTIM TWO, MS BROOKE WARDLOW. VICTIM ONE STATED THAT SHE PARKED HER 2001 TEAL HYUNDAI IN THE WAL-MART PARKING LOT AT APPROXIMATELY 1630 HOURS ON 121113, AND WENT SHOPPING WITH HER FRIEND, VICTIM TWO. WHEN THEY RETURNED, THEY NOTICED THAT SEVERAL ITEMS WERE MISSING FROM VICTIM ONEâS VEHICLE. VICTIM ONE ADVISED DEPUTY REYNOLDS THAT HER VERA BRADLEY WALLET CONTAINING $120.00 CASH, TWO BUSH GARDEN TICKETS VALUED AT $160.00, A FLORIDA DRIVER'S LICENSE, A SUNTRUST VISA DEBIT CARD, TWO SOCIAL SECURITY CARDS, AND AN INSURANCE CARD VALUED AT APPROXIMATELY $300.00 WERE REMOVED. VICTIM TWO STATED HER BLACK CHECKERED WALLET CONTAINING RANDOM HOTEL KEY CARDS, VIAL OF HUMELOG INSULIN, TWO INSULIN SYRINGES, AND REGIONS BANK CARD WERE REMOVED. BOTH VICTIMS STATED THEY DID NOT GIVE ANYONE PERMISSION TO ENTER THE VEHICLE OR REMOVE THEIR PROPERTY. DEPUTY REYNOLDS THEN MADE CONTACT WITH THE LOSS PREVENTION OFFICER, MR BRIAN ELAM, AND WAS ABLE TO VIEW SECURITY FOOTAGE. WHILE VIEWING THE FOOTAGE, THEY OBSERVED AT APPROXIMATELY 1623 HOURS, A RED FOUR DOOR SEDAN, POSSIBLY BEING A TOYOTA COROLLA, PARKED DIRECTLY NEXT TO THE VICTIMâS VEHICLE. A HEAVY SET WHITE MALE WITH SHORT BROWN HAIR, GOATEE, MULTIPLE TATTOOS ON BOTH ARMS, WEARING A BLACK TANK TOP AND BLUE JEANS, EXITED THE VEHICLE WITH A HEAVY SET WHITE FEMALE AND THREE CHILDREN. THE MALE STOPPED NEAR THE VICTIMâS VEHICLE, OPENED THE PASSENGER SIDE DOOR, AND SEARCHED THE VEHICLE GRABBING ITEMS. HE PROCEEDED TO OPEN THE TRUNK FROM THE INTERIOR AND CHECKED THE TRUNK. HE THEN CLOSED THE VEHICLE AND ENTERED WAL-MART THROUGH THE SOUTH ENTRANCE AT APPROXIMATELY 1629 HOURS. A WITNESS, MR COREY COLEMAN, WHO IS AN EMPLOYEE FOR WAL-MART AND WAS PUSHING CARTS, OBSERVED THIS WHITE MALE GOING THROUGH THE VEHICLE, BUT AT FIRST THOUGHT THAT HE WAS JUST GOING THROUGH HIS VEHICLE. THE WITNESS THEN VIEWED THE VIDEO AND STATED THAT THE MALE THAT WAS GOING THROUGH THE VEHICLE WAS THE SAME MALE THAT WAS SEEN ON THE VIDEO FOOTAGE ENTERING THE STORE WITH THE FEMALE AND THREE CHILDREN. DEPUTY REYNOLDS WAS PROVIDED WITH THE SECURITY SURVEILLANCE AND PHOTOGRAPHS OF THE SUSPECT. ON 121213, I VIEWED THE PHOTOGRAPHS AND IMMEDIATELY RECOGNIZED THAT THE PHOTOGRAPHS RESEMBLED A PAST SUSPECT THAT I WAS FAMILIAR WITH, MR RUFUS HOYT. I RESPONDED TO MR HOYTâS RESIDENCE LOCATED AT 2012 SOUTH ROCK CRUSHER ROAD AND MADE CONTACT WITH MR HOYTâS GIRLFRIEND, MS JANNETTE VILLAGRAN, WHO RESEMBLED THE FEMALE IN THE VIDEO. SHE STATED THAT SHE AND MR HOYT WERE AT WAL-MART WITH HER CHILDREN ON 121113. I ALSO OBSERVED A RED TOYOTA COROLLA IN THE BACK YARD, BEARING FLORIDA LICENSE PLATE 8349LV, WHICH ALSO FIT THE SAME DESCRIPTION THAT DEPUTY REYNOLDS PROVIDED. I SHOWED JANNETTE THE SURVEILLANCE PHOTOGRAPHS WHICH SHE IMMEDIATELY IDENTIFIED AS HER BOYFRIEND, MR RUFUS HOYT. SHE ADVISED MR HOYT WAS NOT HOME AT THAT TIME, BUT STATED THAT HE WOULD CONTACT ME WHEN HE RETURNED. SHE FURTHER STATED SHE HAD NO KNOWLEDGE OF THIS INCIDENT. I SENT AN AGENCY E-MAIL CONFIRMING THE IDENTIFICATION OF THIS MALE. I THEN RESPONDED TO THE WAL-MART IN LECANTO AND MADE CONTACT WITH THE LOSS PREVENTION OFFICER WHO ALLOWED ME TO VIEW THE SURVEILLANCE VIDEO. I CONFIRMED THAT THE PERSON IN THE VIDEO WAS RUFUS AND THE FEMALE WAS RUFUSâ GIRLFRIEND AND HER CHILDREN I RECEIVED AN E-MAIL ON 121613 FROM MR HOYT STATING HE WAS WORKING AND UNABLE TO MEET WITH ME, BUT WOULD MEET ON 121813 TO TAKE CARE OF THIS INCIDENT. ON 121813, DEPUTY REID MADE CONTACT WITH THE DEFENDANT AT THE PUBLIX LOCATED AT 6760 WEST GULF TO LAKE HIGHWAY, CRYSTAL RIVER. DEPUTY REID IDENTIFIED MR HOYT AND THEN PLACED HIM UNDER ARREST. DEPUTY REID RECOVERED A BLACK PILL CONTAINER CONTAINING THREE GREEN PILLS AND TWO PURPLE PILLS FROM THE DEFENDANTâS LEFT FRONT PANTS POCKET. THE DEFENDANT ADVISED HIM THEY WERE MORPHINE AND XANEX. THE DEFENDANT FURTHER STATED HE DID NOT HAVE A PRESCRIPTION NOR DID HE EVER HAVE A PRESCRIPTION FOR MORPHINE OR XANEX. THE DEFENDANT STATED HE GOT THEM FROM A FRIEND. DEPUTY REID TRANSPORTED THE DEFENDANT TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO THE JAIL STAFF. I MADE CONTACT WITH THE DEFENDANT AND CONDUCTED A DIGITAL RECORDED INTERVIEW. THE DEFENDANT ADMITTED THAT HE DID ENTER THE 2001 TEAL HYUNDAI AND REMOVED PROPERTY. HE FURTHER ADMITTED HE WAS IN POSSESSION OF THREE XANEX AND 2 MORPHINE PILLS WHICH HE DID NOT HAVE A PRESCRIPTION FOR AND NEVER DID. I CONFIRMED THAT THE PILLS WERE THREE ALTRAZOLAM 2 MILLIGRAMS AND TWO MORPHINE SULPHATE EXTENDED-RELEASE, WHICH ARE CONTROLLED SUBSTANCES THROUGH THE PILL IDENTIFIER ON DRUGS.COM. THE DEFENDANT FURTHER STATED THAT HE DISCARDED THE STOLEN PROPERTY FROM THE VEHICLE IN THE WOODS NEAR HIS HOUSE. I ADVISED THE DEFENDANT OF HIS CHARGES AND TURNED HIM BACK OVER TO THE CITRUS COUNTY DETENTION FACILITY STAFF. THE DEFENDANTâS BOND WAS SET AT $12,500.00, PER THE BOND SCHEDULE. |