| Probable cause affidavit: |
SUBMITTED BY: DERA, MARK 0688 (AR14-12008) (CASE 14-126029) did unlawfully and knowingly obtain, use or endeavor to obtain or use the property of (A), VICTIM, to-wit: A 1980 CHEVROLET MONZA, ID NUMBER 1M27VA7274109, BY exercising control over said property 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 property to HIS own use or the use of any person not entitled thereto, and knew or should have known that said property was stolen, in violation of Florida Statutes 812.014(1) and 812.014(2)(c); DID UNLAWFULLY, WILLFULLY AND MALICIOUSLY INJURE OR DAMAGE CERTAIN PROPERTY OF THE VICTIM, TO-WIT: A SECURITY CABLE LOCK, SAID DAMAGE BEING OF A VALUE OF $200.00 OR LESS, TO WIT: ACTUAL DAMAGE $30.00, IN VIOLATION OF FLORIDA STATUTES 806.13(1)(B)1. DID UNLAWFULLY AND WILLFULLY ENTER OR REMAIN ON THE PROPERTY OF THE VICTIM, TO WIT: A FENCED IN YARD WITH A METAL GATE WITH A CABLE AND LOCK SECURING IT CLOSED, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTES 810.09(1)(A) did unlawfully traffic in or endeavor to traffic in property that mR TIMOTHY HORN knew or should have known was stolen, to-wit: 2000 CHEVROLET MONZA VEHICLE IDENTIFICATION NUMBER (VIN) 1M27VA7274109, the property of MS GRACE SELLER, in violation of Florida Statute 812.019(1). ON 091214, THE CITRUS COUNTY SHERIFF'S OFFICE RECEIVED A REPORT OF A VEHICLE THEFT 4011 NORTH MITCHUM POINT, IN CRYSTAL RIVER. THE COMPLAINANT, MS GRACE SELLERS, STATED THAT SHE HAS THE POWER OF ATTORNEY FOR HER GRANDSON, MR PHILLIP SELLERS, PROPERTY LOCATED AT 4011 NORTH MITCHUM POINT AND ALSO FOR HIS 2000 CHEVROLET MONZA, WHICH WAS PARKED IN THE CARPORT, SINCE HE HAS BEEN INCARCERATED. ON 040914, WHICH WAS THE LAST DATE THE COMPLAINANT WAS AT THE PROPERTY, WHEN SHE LEFT THE CAR WAS PARKED IN THE CARPORT AND SHE PLACED A CABLE THROUGH THE GATE AND SECURED IT WITH A LOCK. ON 091014, SHE RECEIVED A TELEPHONE CALL FROM THE SUSPECT, MR CHARLES ROBERTS, WHO WAS IN THE PROCESS OF PURCHASING THE PROPERTY. MR ROBERTS ADVISED HER THAT THE VEHICLE WAS STOLEN. SHE FURTHER STATED THAT SHE DID NOT GIVE ANYONE PERMISSION TO ENTER HER PROPERTY AND REMOVE THE VEHICLE. INVESTIGATION REVEALED THAT THE DEFENDANT, MR TIMOTHY HORN, ALONG WITH ANOTHER SUSPECT, ENTERED THE PROPERTY BY CUTTING THE CABLE THAT WAS ON THE GATE, REMOVED THE 1980 CHEVROLET MONZA BY DRAGGING IT ACROSS THE POWER LINES TO 4001 NORTH HOLIDAY DRIVE, WHERE THEY SOLD IT FOR $200.00 TO KNIGHTLY AUTO. I MADE CONTACT WITH THE DEFENDANT, AT WEST DUNKLIN STREET AND NORTH FERNANDINA AVENUE, WHERE I READ HIM MIRANDA WARNINGS, FROM A PREPRINTED AGENCY CARD, WHICH HE STATED HE UNDERSTOOD AND WAS WILLING TO SPEAK WITH ME. AT FIRST THE DEFENDANT STATED THAT HE BELIEVED THAT HIS FRIEND/SUSPECT HAD A BILL OF SALE AND THAT HE WAS THE RIGHTFUL OWNER OF THE VEHICLE. THE DEFENDANT ADMITTED THAT HE, ALONG WITH THE SUSPECT, ARRIVED AT THE PROPERTY WITH GEORGE KNIGHTLY FROM KNIGHTLY AUTO. HE STATED THAT HE USED GEORGE KNIGHTLYâS BOLT CUTTERS TO CUT THE CABLE AND ENTER THE PROPERTY. HE ALSO TOLD MR KNIGHTLY THAT THIS WAS HIS BROTHERâS PROPERTY AND HE HAD PERMISSION TO BE THERE, BUT HE HAD FORGOTTEN HIS KEY AT HOME. THE DEFENDANT STATED THAT THE SUSPECT SOLD THE VEHICLE TO KNIGHTLY AUTO. THIS CONVERSATION WAS DIGITALLY RECORDED AND WILL BE DOWNLOADED ON TO THE SERVER. THE DEFENDANT WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS TURNED OVER TO DETENTION FACILITY STAFF. UPON ARRIVAL I MADE CONTACT WITH THE DEFENDANT IN THE CITRUS COUNTY WARRANT'S INTERVIEW ROOM, WHERE I ADVISED HIM OF HIS MIRANDA WARNINGS, TO WHICH HE STATED I DID NOT NEED TO READ THEM TO HIM AGAIN AND HE WAS WILLING TO SPEAK TO ME. THE DEFENDANT ADMITTED THAT HE AND THE SUSPECT DID MAKE A PLAN TO REMOVE THE CAR FROM HIS BROTHER'S PROPERTY AND SELL IT TO KNIGHTLY AUTO FOR $200.00. HE FURTHER STATED THAT HE OWED THE SUSPECT $50.00 FOR PILLS THAT HE HAD PURCHASED FROM HIM AND THIS WAS A WAY TO PAY HIM BACK. WHEN THEY ARRIVED AT THE PROPERTY THEY SAW THAT THE PROPERTY GATE WAS LOCKED BY A LOCK AND CABLE. THE SUSPECT ASKED GEORGE KNIGHTLY IF HE HAD BOLT CUTTERS. THE SUSPECT THEN GAVE THE BOLT CUTTERS TO THE DEFENDANT WHO CUT THE CABLE THAT WAS SECURING THE GATE. TOGETHER THEY ENTERED THE PROPERTY AND MADE AN AGREEMENT TO SELL THE VEHICLE FOR $200.00 TO MR KNIGHTLY. THE VEHICLE HAD FOUR FLAT TIRES AND WAS UNABLE TO BE TRANSPORTED AT THAT TIME. THEY MADE ARRANGEMENTS TO MEET MR KNIGHTLY LATER THAT DAY. THE DEFENDANT STATED THAT THEY DRAGGED THE VEHICLE FROM HIS BROTHERâS PROPERTY USING THE SUSPECTâS VEHICLE ACROSS THE POWER LINES TO 4001 NORTH HOLIDAY DRIVE, WHERE THE SUSPECT CALLED MR KNIGHTLY AND COMPLETED THE SALE. THE DEFENDANT FURTHER STATED THAT HE KNEW HE WAS NOT ALLOWED ON THE PROPERTY AND ALSO THAT HE KNEW THAT HE DID NOT HAVE PERMISSION TO TAKE THE VEHICLE AND SELL IT. THE DEFENDANT FURTHER STATED THAT HE ALONG WITH THE SUSPECT, PLANNED THIS OFFENSE AND WHILE EN ROUTE TO THE LOCATION, COMPLETED A BILL OF SALE SO THEY COULD SHOW MR KNIGHTLY THAT THEY HAD PROOF OF OWNERSHIP. DEFENDANT'S BOND SET AT $8,500.00 PER THE BOND SCHEDULE. |
