| Probable cause affidavit: |
SUBMITTED BY: VIGGIANO, PAUL 0682 (AR10115815) DID UNLAWFULLY ENTER OR REMAIN IN A CERTAIN STRUCTURE OR CURTILAGE THEREOF, TO-WIT: AN UNOCCUPIED RESIDENCE, LOCATED AT 6421 WEST OAKLAWN STREET, HOMOSASSA, CITRUS, FLORIDA, 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'S 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: THREE CANS OF BUMBLE BEE TUNA AND ONE CAN OF PROGRESSO SOUP, SAID PROPERTY BEING OF A VALUE OF $8.00 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'S STATE STATUTES 812.014(3)(A). ON 071310 AT APPROXIMATELY 2226 HOURS, I WAS DISPATCHED TO A RESIDENCE ON WEST OAKLAWN STREET IN REFERENCE TO A BURGLARY IN PROGRESS. UPON ARRIVAL AT THE SCENE, CONTACT WAS MADE WITH THE VICTIM WHO ADVISED THAT THE SUSPECT, WHO WAS STILL ON SCENE, HAD BEEN INSIDE HIS RESIDENCE. HE THEN ADVISED THAT WHEN THEY PULLED UP TO THE RESIDENCE HE OBSERVED THAT THE LIGHTS WERE ON THROUGHOUT THE HOUSE. THE VICTIM THEN ADVISED THAT PRIOR TO LEAVING THE RESIDENCE, HE HAD TURNED ALL OF THE LIGHTS OFF AND THE HOUSE WAS SECURE. THE VICTIM THEN ADVISED HE NOTICED A YELLOW BICYCLE PARKED IN THE CARPORT AREA OF THE RESIDENCE THAT HE HAD NEVER NOTICED BEFORE. THE VICTIM THEN STATED HE CONTACTED 911 IMMEDIATELY AND BACKED HIS VEHICLE OUT OF THE DRIVEWAY WITH HIS HEADLIGHTS POINTED TOWARDS THE RESIDENCE SO HE COULD STILL SEE THE FRONT DOOR. THE VICTIM THEN ADVISED THAT HE OBSERVED WHOEVER WAS IN THE RESIDENCE, BEGIN TO TURN OFF ALL THE LIGHTS IN THE RESIDENCE, GOT ON HIS BICYCLE AND BEGAN TO LEAVE. THE VICTIM STATED HE HAD MADE CONTACT WITH THE SUSPECT IN THE DRIVEWAY AS I ARRIVED ON SCENE. I MADE CONTACT WITH THE SUSPECT WHO STATED THAT HE ENTERED THE RESIDENCE BECAUSE HE THOUGHT SOMEONE WAS DEAD INSIDE THE RESIDENCE. THE SUSPECT THEN STATED THAT HE KNEW THAT THE RESIDENCE HAD BEEN UNOCCUPIED FOR QUITE SOME TIME AND THAT HE WAS CURIOUS TO SEE IF SOMEONE HAD DIED INSIDE THE RESIDENCE. I THEN CONDUCTED A WALK THROUGH OF THE RESIDENCE WITH THE VICTIM. THE VICTIM ADVISED THAT UPON EXAMINATION OF THE DOOR, THE DEFENDANT HAD REMOVED THE DUCT TAPE FROM THE JALOUSIE WINDOW OF THE FRONT DOOR IN ORDER TO UNLOCK THE RESIDENCE AND GAIN ENTRY. I OBSERVED THE TAPE ON THE GROUND AND COULD SEE THE MARKS ON THE DOOR WHERE THE TAPE WAS ORIGINALLY LOCATED. WHILE WALKING THROUGH THE RESIDENCE, WE ALSO OBSERVED TWO CANS OF BUMBLEBEE TUNA THAT APPEARED TO HAVE JUST BEEN EATEN. WE ALSO OBSERVED A CAN OF PROGRESSO THAT HAD BEEN OPENED AND A BOWL THAT STILL CONTAINED PART OF THE SOUP. UPON FURTHER EXAMINATION OF THE RESIDENCE, WE ALSO OBSERVED A CAN OF BUMBLEBEE TUNA FISH WITH A FORK IN IT IN THE LIVING ROOM THAT ALSO APPEARED TO HAVE JUST BEEN EATEN. I THEN ADVISED THE DEFENDANT HE WAS BEING PLACED UNDER ARREST FOR BURGLARY AND PETIT THEFT. I THEN READ THE DEFENDANT HIS MIRANDA RIGHTS VIA PREPRINTED AGENCY ISSUED CARD. THE DEFENDANT ADVISED HE UNDERSTOOD HIS RIGHTS AND AGREED TO SPEAK WITH THIS DEPUTY. I AGAIN ASKED THE DEFENDANT WHY HE WAS INSIDE THE RESIDENCE AND HE STILL ADVISED THAT HE THOUGHT SOMEONE MIGHT HAVE BEEN DEAD INSIDE THE RESIDENCE BUT COULD NOT PROVIDE A VALID REASON WHY HE BELIEVED IT. THE DEFENDANT THEN ADMITTED THAT HE HAD REMOVED THE TAPE FROM THE DOOR, REACHED IN AND UNLOCKED THE RESIDENCE TO GAIN ENTRY AND WHILE INSIDE THE RESIDENCE, HE HELPED HIMSELF TO THREE CANS OF TUNA FISH AND A CAN OF PROGRESSO SOUP THAT HE ATE. THE DEFENDANT WAS THEN PLACED IN HANDCUFFS, DOUBLE LOCKED, BEHIND HIS BACK SECURED IN THE REAR OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT'S BOND WAS SET AT $5,250.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
