| Probable cause affidavit: |
SUBMITTED BY: CONLEY, STEPHEN 0290 (AR12124604) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE CITGO GAS STATION LOCATED AT 7810 SOUTH FLORIDA AVENUE, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THE DEFENDANT DID REMOVE SEVERAL PACKAGES OF INCENSE AND SPICE, IN VIOLATION OF FLORIDA STATUTE 810.02(4)(A). DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, CITGO GAS STATION, TO WIT: SEVERAL PACKAGES OF INCENSE AND SPICE, SAID PROPERTY BEING OF A VALUE OF $30.00, 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 STATUTE, 812.014(3)(A). ON 01272012 IT WAS REPORTED TO THE CITRUS COUNTY SHERIFF'S OFFICE THAT THE CITGO GAS STATION LOCATED AT 7810 SOUTH FLORIDA AVENUE WAS BURGLARIZED. DURING THE BURGLARY, SEVERAL PACKAGES OF INCENSE AND SPICE WERE STOLEN BY THE SUSPECTS. VIDEO OBTAINED FROM THE SURVEILLANCE SHOWS TWO SUBJECTS ARRIVE AT THE FRONT OF THE STORE AND BREAK THE GLASS TO THE FRONT DOOR. VIDEO FURTHER SHOWS A SUSPECT ENTER THE STORE AND TAKE A GREEN IN COLOR DISPLAY CABINET CONTAINING THE SPICE PRODUCTS, THEN LEAVE THE STORE. WHILE EXITING THE STORE THE SUSPECT FELL AT THE DOOR, THEN GOT UP AND LEFT ON FOOT. DURING THE INVESTIGATION OF THIS INCIDENT I WAS CONTACTED BY A CLERK WHO RECOGNIZED THE SUSPECTS CLOTHING AS SOMEONE WHO CAME INTO THE STORE SEVERAL DAYS LATER TO BUY CIGARETTES. THE CLERK STATED THAT SHE ASKED THIS PERSON FOR IDENTIFICATION FOR BUYING THE CIGARETTES AND REMEMBERED HIS NAME. THE CLERK PROVIDED ME THE NAME OF EDWARD WILLIAM FLEISHER. A D.A.V.I.D. CHECK OF THIS PERSON AND REVIEW OF HIS DRIVERS LICENSE PICTURE COMPARED TO VIDEO OBTAINED FROM THE STORE MATCHED. FURTHERMORE, THE SHOES WORN BY ONE OF THE SUSPECTS IN THE VIDEO WHILE COMMITTING THE BURGLARY APPEARED TO BE IDENTICAL TO THE SHOES WORN BY FLEISHER WHEN HE LATER CAME IN TO BUY CIGARETTES. ON 01312012 I MADE CONTACT WITH EDWARD FLEISHER AT HIS RESIDENCE AND CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH HIM REGARDING THE INCIDENT. PRIOR TO ANY QUESTIONING MR FLEISHER WAS READ MIRANDA FROM A PREPRINTED TEXT. MR FLEISHER UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH ME. DURING THE INTERVIEW, MR FLEISHER ADMITTED TO COMMITTING THE BURGLARY AT THE FLORAL CITY CITGO. HE STATED THAT HE WAS THE ONE WHO BROKE THE FRONT GLASS AND ENTERED THE STORE WHILE A JUVENILE ACCOMPLICE WAITED OUTSIDE. MR FLEISHER STATED THAT HE WENT INTO THE STORE AND GRABBED A GREEN COLORED DISPLAY CASE AND LEFT ON FOOT WITH IT. HE STATED THAT HE AND THE ACCOMPLICE FLED TO AN AREA BEHIND RICK'S GAS STATION AND CHANGED CLOTHING. HE STATED THEY DUMPED THE DISPLAY CASE IN A WOODED AREA AFTER JUMPING A FENCE. THIS INFORMATION CORROBORATES WITH THE PROGRESS OF THE INVESTIGATION THUS FAR, SINCE DEPUTIES RECOVERED THE GREEN DISPLAY CASE IN A WOODED AREA BEHIND A FENCE ON BEDFORD ROAD. MR FLEISHER PROVIDED ME WITH THE SHOES AND PANTS HE WAS WEARING DURING THE BURGLARY. A PROPERTY RECEIPT WAS FILLED OUT AND SIGNED BY THIS AFFIANT AND MR FLEISHER. MR FLEISHER WAS ARRESTED AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY. HE WAS CHARGED WITH BURGLARY TO UNOCCUPIED STRUCTURE AND PETIT THEFT. BOND SET AT $5,500.00 *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* |
