| Probable cause affidavit: |
SUBMITTED BY: CAREY, LEE 0753 (14-110362) (AR14-11589) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: THE VICTIMâS RESIDENCE, LOCATED AT 10391 WEST FISHBOWL DRIVE, LOT 21, IN HOMOSASSA, 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: PETIT THEFT, IN VIOLATION OF FLORIDA STATE STATUTE 810.02(3)(B). DID UNLAWFULLY AND KNOWINGLY OBTAIN OR USE, OR ENDEAVOR TO OBTAIN OR USE THE PROPERTY OF THE VICTIM, TO WIT: STOVE, MICROWAVE AND SILVERWARE SET, SAID PROPERTY BEING OF A VALUE OF $230.00, 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(2)(E). ON 081114, THIS AGENCY RECEIVED A BURGLARY REPORT THAT OCCURRED AT 10391 WEST FISHBOWL DRIVE LOT 21, IN HOMOSASSA. ON THIS DATE WITNESSES REPORTED HAVING OBSERVED A WHITE IN COLOR FULL SIZE VAN AT THE BURGLARIZED RESIDENCE. THE WITNESSES TOOK PICTURES OF THE WHITE VAN AT THE RESIDENCE. THE WITNESS THEN CONTACTED THE VICTIM WHO RESPONDED TO THE ADDRESS AFTER THE WHITE VAN HAD LEFT AND DISCOVERED SEVERAL ITEMS TO BE MISSING THAT WERE KEPT IN THE SCREENED IN PORTION OF THE RESIDENCE. ONE OF THE ITEMS STOLEN DURING THIS TIME WAS A WHITE ELECTRIC STOVE WITH A MISSING FRONT HANDLE. THE ORIGINAL RESPONDING DEPUTY âBOLOâDâ FOR THE WHITE VAN. ON 081114 AT APPROXIMATELY 2306 HOURS, A TRAFFIC STOP WAS CONDUCTED ON THE SUSPECT VEHICLE. DURING THIS TRAFFIC STOP THE TWO DEFENDANTS WERE IDENTIFIED AS DEFENDANT ONE, MR SOLOMON JEDIDIAH CUMMINGS, AND DEFENDANT TWO, MS LAURA KATE ELLIOT. ON 081314, I RESPONDED TO CRYSTAL RIVER METAL RECYCLING WHERE I WAS INFORMED THAT DEFENDANT CUMMINGS HAD RECENTLY SCRAPPED A STOVE. EMPLOYEES SAT THE STOVE AND OTHER SCRAPPED ITEMS ASIDE FOR ME TO PHOTOGRAPH. I RECEIVED A COPY OF FLORIDA SECONDARY METALS RECYCLER PURCHASE TRANSACTION FORM WITH DEFENDANT CUMMINGSâ FINGERPRINT. I RESPONDED TO PROUD MARYâS MOBILE HOME PARK LOCATED AT 10391 WEST FISHBOWL DRIVE. I MET WITH THE VICTIM AND REQUESTED THAT HE DESCRIBE THE MISSING PROPERTY. THE VICTIM DESCRIBED THE COLOR OF THE STOVE. I SHOWED HIM THE PHOTOGRAPH OF THE STOVE THAT HAD BEEN SCRAPPED AND THE VICTIM POSITIVELY IDENTIFIED THE STOVE TO BE HIS PROPERTY WHICH WAS REMOVED FROM THE RESIDENCE AT LOT 21. THE VICTIM THEN FILLED OUT AN AFFIDAVIT OF PROPERTY OWNER THAT WAS LATER SUBMITTED TO RECORDS. I RESPONDED TO THE DEFENDANTSâ ADDRESS OF 10350 WEST YULEE DRIVE, IN HOMOSASSA AND MADE CONTACT WITH THEM. I FIRST SPOKE WITH DEFENDANT CUMMINGS. I ADVISED DEFENDANT CUMMINGS OF HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY CARD AND DEFENDANT CUMMINGS STATED THAT HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME AT THAT TIME. I ASKED DEFENDANT CUMMINGS WHAT OCCURRED AND HE ADVISED THAT HE WAS LATE ON HIS CHILD SUPPORT PAYMENT AND NEEDED EXTRA MONEY. THE DEFENDANT THEN ADVISED THAT HE DROVE TO PROUD MARYâS MOBILE HOME PARK ON TWO SEPARATE OCCASIONS. THE OCCASION WHEN THIS PROPERTY WAS REMOVED WAS ON HIS SECOND TRIP AND AT THAT TIME HE ENTER INTO LOT 21âS ENCLOSED SCREENED PORCH AND REMOVED A STOVE. DEFENDANT CUMMINGS ADVISED THAT HIS GIRLFRIEND, DEFENDANT ELLIOT, WAS PRESENT DURING THIS THEFT AND ASSISTED IN LOADING THE STOVE INTO HIS VAN. DEFENDANT CUMMINGS STATED THAT DEFENDANT ELLIOT PRESSURED HIM INTO REMOVING THE PROPERTY BECAUSE THEY NEEDED MONEY. AT THIS TIME I REQUESTED TO SPEAK WITH DEFENDANT ELLIOT. DEFENDANT ELLIOT CAME OUTSIDE AND IMMEDIATELY STARTED TELLING ME THAT SHE HAD THE RIGHT TO ENTER INTO ANY ABANDONED PROPERTY AND REMOVE ANY JUNKED METAL. DEFENDANT ELLIOT ADVISED THAT SHE JUST READ THIS INFORMATION ON THE INTERNET AND HER FATHER IS A JUDGE AND SHE KNOWS THE LAWS. I ADVISED DEFENDANT ELLIOT SHE NEVER HAS AUTHORIZATION TO ENTER A RESIDENCE NOT BELONGING TO HER UNLESS THE OWNER GIVES HER PERMISSION TO WHICH DEFENDANT ELLIOT STATED THAT THE INTERNET SAYS OTHERWISE. AT THIS TIME I PLACED BOTH DEFENDANTS UNDER ARREST FOR BURGLARY AND PETTY THEFT. DEFENDANT CUMMINGS WAS CHARGED ADDITIONALLY WITH DEALING IN STOLEN PROPERTY AND FALSE INFORMATION TO SECOND HAND DEALER. BOTH DEFENDANT WERE HANDCUFFED (DOUBLE LOCKED) AND SECURED IN THE REAR OF MY AGENCY VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. DEFENDANT CUMMINGSâ BOND WAS SET AT A TOTAL OF $13,000.00, PER THE BOND SCHEDULE. DEFENDANT ELLIOTâS BOND WAS SET AT A TOTAL OF $5,000.00, PER THE BOND SCHEDULE. |
