| Probable cause affidavit: |
SUBMITTED BY: EMRICK, ALVIN 0104 (AR12-3324) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: 5621 WEST BONANZA DRIVE, IN THE COUNTY AND STATE AFORESAID, THE PROPERTY OF THE VICTIM, WITHOUT SAID PERSON'S CONSENT, WITH THE INTENT TO COMMIT AN OFFENSE THEREIN, TO-WIT: THEFT, IN VIOLATION OF FLORIDA STATUTE 810.02(1) AND 810.02(4); DID UNLAWFULLY AND KNOWINGLY OBTAIN, USE OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO-WIT: TWO HONDA DIRT BIKES, OF THE VALUE OF THREE HUNDRED DOLLARS ($300.00) OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00), TO WIT: ACTUAL VALUE OF THE TWO DIRT BIKES BEING $2,500.00, 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. ON 102812, THE VICTIM REPORTED TO THE SHERIFFâS OFFICE THAT DURING THE OVERNIGHT HOURS, UNKNOWN PERSON(S) ENTERED THEIR DETACHED GARAGE AND STOLE TWO HONDA DIRT BIKES. ON 102912, A COMPLAINT WAS CALLED INTO THE SHERIFFâS OFFICE REGARDING TWO DIRT BIKES BEING DRIVEN IN THE AREA OF THE MOBILE GAS STATION ON STATE ROAD 44 NEAR COUNTY ROAD 491. COMMANDER BURNS LOCATED THE DEFENDANTS AND THE TWO DIRT BIKES BEHIND THE CHURCH LOCATED AT THE INTERSECTION OF STATE ROAD 44 AND SOUTH ROWE. COMMANDER BURNS ASKED DEFENDANT ZERBY WHO OWNED THE DIRT BIKES, AND HE REPLIED THAT HE DID. UPON MY ARRIVAL COMMANDER BURNS BRIEFED ME AS TO WHAT HAD BEEN LEARNED PRIOR TO MY ARRIVAL AND I ASKED DEFENDANT ZERBY HOW HE OBTAINED THE DIRT BIKES, AND HE ADVISED HE HAD PURCHASED THEM FROM A WHITE MALE NAMED ZACK FOR $350.00. HE WAS UNABLE TO PROVIDE ANY ADDITIONAL DESCRIPTION. BOTH DEFENDANTâS WERE READ THEIR RIGHTS AND ASKED SEPARATELY TO EXPLAIN AGAIN HOW THE BIKES HAD BEEN OBTAINED. DEFENDANT ZERBY AGAIN STATED HE HAD PURCHASED THE DIRT BIKES FROM ZACK. DEFENDANT HOCKENBURY STATED THAT ZERBY TOLD HIM HE PURCHASED THE DIRT BIKES FROM ZACK. I ASKED DEFENDANT ZERBY MULTIPLE QUESTIONS TO ASCERTAIN AS MUCH ABOUT ZACK AS I COULD, AND BEGAN CONDUCTING A COMPUTER SEARCH TO DETERMINE WHO ZACK WAS. WHILE SEARCHING FOR ZACK, DEFENDANT ZERBY ADVISED I COULD QUIT SEARCHING, AS THERE WAS NO ZACK. HE THEN STATED HE HAD STOLEN THE DIRT BIKES. HE STATED HE AND DEFENDANT HOCKENBURY, ALONG WITH A THIRD INDIVIDUAL, LEFT THE PARTY AND WENT TO THE VICTIMâS RESIDENCE TO GET THE DIRT BIKES. DEFENDANT ZERBY CONTINUED THAT HE LIED TO THE THIRD INDIVIDUAL IN ORDER TO GET HIM TO DRIVE TO THE VICTIMâS RESIDENCE AND THAT HE AND DEFENDANT HOCKENBURY WALKED DOWN A HORSE TRAIL, THROUGH THE WOODS, AND SNUCK INTO THE GARAGE. HE STATED HOCKENBURY REMOVED THE LARGER DIRT BIKE, WHICH WAS PARKED JUST INSIDE THE DOOR, AND HE REMOVED THE SMALLER DIRT BIKE WHICH WAS LOCATED DEEPER IN THE GARAGE. THE REAR WHEEL OF THE LARGER BIKE WAS LOCKED UP AND THEY PARTIALLY PLACED IT ONTO THE SMALLER BIKE TO BE ABLE TO ROLE BOTH BIKES DOWN THE HORSE PATH. THE DIRT BIKES WERE THEN LOADED INTO THE THIRD INDIVIDUALS TRUCK AND TRANSPORTED TO A HOUSE LOCATED NEAR THE ARREST LOCATION. BOTH DEFENDANTS WERE DOUBLE LOCK HANDCUFFED BEHIND THEIR BACKS AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WITHOUT INCIDENT WHERE THEIR BOND WAS SET AT $7,000.00. SWORN TAPED STATEMENTS WERE OBTAINED FROM BOTH DEFENDANTS. DEFENDANT HOCKENBURY STATED THAT HE LEFT THE PARTY WITH DEFENDANT ZERBY WITH THE IMPRESSION THAT ZERBY HAD PURCHASED THE DIRT BIKES. WHEN THEY ARRIVED AT THE VICTIMâS RESIDENCE, BUT HAD TO WALK DOWN A HORSE PATH, THROUGH THE WOODS, TO ARRIVE AT A DARKENED GARAGE, WHERE HE BECAME SUSPICIOUS AND KNEW HE HAD BEEN LIED TO. HE STATED HE NEVER ENTERED THE GARAGE BUT ZERBY PUSHED ONE DIRT BIKE OUT TO HIM WHICH HE STARTED DOWN THE PATH WITH AND ZERBY FOLLOWED WITH A SECOND DIRT BIKE. |
