Opinion
Case No. 8:07-cv-1833-T-33EAJ.
December 2, 2009
ORDER
This cause is before the Court on Defendants' motion for summary judgment with affidavits and exhibits in support of the motion (Doc. Nos. 62, 63, 64) and Plaintiff's response in opposition to the motion for summary judgment with affidavits and exhibits. (Doc. Nos. 67, 68, 69).
Plaintiff Mobley, an inmate incarcerated at Moore Haven Correctional Facility, Moore Haven, Florida, on charges unrelated to the present complaint, filed a 42 U.S.C. § 1983 civil rights complaint on October 3, 2007. Mobley is proceeding on his amended complaint (Doc. No. 54) (hereinafter "amended complaint" or "complaint") in which he raises the following claims:
Count I alleges an unlawful search by defendants Montague and Spirk that deprived Mobley of his rights under the Fourth Amendment to the United States Constitution.
Count II alleges malicious prosecution based on the fabricated and false information provided to prosecutors by defendants in their arrest affidavit and reports that deprived Plaintiff of his rights under the Fourth Amendment to the United States Constitution.
Count III alleges that the Defendants supplied false information in "probable cause to search and arrest affidavit" to establish probable cause to search, thereby depriving Plaintiff of his "rights under the search and seizure clause of the Fourth Amendment to the United States Constitution."
Count IV alleges that the defendants deprived Plaintiff of the right to recover belongings from his motel room and continues to deprive him of his lose [sic] and rights under the Fourth and Fourteenth Amendments of the United States Constitution. Plaintiff abandoned Count IV in his response in opposition to Defendants' motion for summary judgment. (See Doc. No. 67, p. 13).
Count V alleges that the Defendants were responsible for Plaintiff's unlawful detention caused by the unlawful search and the evidence seized in that unlawful search of Plaintiff's motel room, causing Plaintiff to be detained in jail for approximately twenty-four days.
Count VI alleges the Defendants' unlawful entry [into Plaintiff's motel room] without a warrant, valid consent, or exigent circumstances, depriving Plaintiff of his rights under the Fourth Amendment to the United States Constitution.
Mobley seeks nominal, compensatory and punitive damages.
FACTUAL BACKGROUND
During all of the times relevant to Mobley's complaint, the Defendants were sworn Tampa Police Department law enforcement officers.On May 5, 2003, the Tampa Police Department received a call for service from Richard Alan Newton alleging that he was the victim of a robbery. Officer Michael Spirk and Officer Fortunato responded to the call and took a statement from Mr. Newton. (Doc. No. 64, Spirk Aff. ¶ 4-6). Mr. Newton reported that Mobley threatened him with a firearm and drove him to the bank and forced him to withdraw money. Mr. Newton also alleged that Mobley was accompanied by another man during the ride to the bank. (Doc. No. 64, Spirk Aff. ¶ 8). As Officer Spirk interviewed Mr. Newton, Mobley drove into the parking lot and Mr. Newton identified Mobley as the suspect. (Doc. No. 64, Spirk Aff. ¶ 9). Officer Spirk and Officer Fortunato went to the back of the motel to try to talk to Mobley. When the officers arrived at the back of the motel, Mobley was already on the third floor. (Doc. No. 64, Spirk Aff. ¶ 10; Complaint ¶ 8). Officer Spirk called out to Mobley who motioned for him to wait a minute and Mobley approached room #385. (Doc. No. 64, Spirk Aff. ¶ 11). Officer Spirk saw Mobley remove what appeared to be a black firearm from his waistband and place it inside the room. (Doc. No. 64, Spirk Aff. ¶ 11).
Mobley then went downstairs to talk to Officer Spirk and Officer Fortunato. (Doc. No. 64, Spirk Aff. ¶ 12). Officers Spirk and Fortunato advised Mobley about the robbery allegation and when Mobley became upset, he was handcuffed for the officers' safety. After being asked, Mobley advised that a man called "Little Head" was in the motel room. Officer Spirk called for backup and Officer Mark Montague and other units arrived on the scene. (Doc. No. 64, Spirk Aff. ¶ 16; Doc. No. 63, Montague Aff. ¶ 3). Mobley advised Officer Montague that a man called "Little Head" was in the room.
Officer Montague asked Mobley for permission to search the motel room for guns. Mobley declined the request. (Complaint ¶ 9; Doc. No. 64, Spirk Aff. ¶ 17; Doc. No. 63, Montague Aff. ¶ 6). Officer Montague, Officer Spirk and Officer Fortunato went to room #385 and knocked on the door. Elizabeth Ramos answered the door. (Doc. No. 64, Spirk Aff. ¶ 19; Doc. No. 63, Montague Aff. ¶ 7). Ms. Ramos was asked where "Little Head" was and she motioned toward the bathroom. The officers called for "Little Head" to exit the bathroom and he finally did so. Ms. Ramos was asked if the room could be searched for guns. (Doc. No. 63, Montague Aff. ¶ 9-10; Doc. No. 64, Spirk Aff. ¶ 20, Exhibit A to Complaint, ¶ 1) Officers Spirk and Fortunato searched the room, finding two firearms, ammunition, and illegal narcotics. (Doc. No. 64, Spirk Aff. ¶ 21; Doc. No. 63, Montague Aff. ¶ 14) Officer Montague did not participate in the search. (Doc. No. 63, Montague Aff. ¶ 13). Mobley was arrested for armed robbery, kidnaping, possession of cocaine, and possession of marijuana. (Doc. No. 64, Spirk Aff. ¶ 22)
The State Attorney's Office filed an Information charging Mobley with being a felon in possession of a firearm in case number 2003-CF-7560. He was not charged with armed robbery, kidnaping, possession of cocaine, or possession of marijuana.
During the criminal case, Mobley, through an assistant public defender, filed a motion to suppress the firearms. On November 18, 2003, Circuit Judge Ronald Ficarrotta heard the testimony of Officer Spirk, Officer Montague, Elizabeth Ramos and Mobley. The Court granted the Motion to Suppress and the charges were nolle prossed on November 18, 2003. (Complaint, Exhibit B).
Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment
Plaintiff alleges that "Defendant(s) unlawfully entered and searched plaintiff's motel room #385" without a warrant or valid consent from Mobley causing him to be "maliciously prosecuted in the judicial proceedings of criminal court case # 03-CF-7560. In which the Defendant's [sic] did engage in deceptive tactics by falsely alleging that Elizabeth Ramos gave them consent to search the plaintiff's motel room." (Doc. No. 67 at p. 4). Mobley alleges that Elizabeth Ramos never gave Defendant(s) Montague nor Spirk consent to search Mobley's motel room at any time on May 5, 2003. He further alleges that Ms. Ramos never had authority over his motel room "to be able to give a valid consent to search the motel room."
Mobley claims that Defendants knowingly and intentionally supplied false information, i.e., the consent to search by Ms. Ramos, "inside his Agency Report 03-194775" with the intention of misleading the State Attorney's Office that they legally entered and searched Mobley's motel room. (See attached copy of Agency Report 03-194775). He claims that the Officers illegally entered and searched his motel room without a warrant or consent. (Doc. No. 67 at pp. 5-6).
Standards of Review Standard of Review for Qualified Immunity
Qualified immunity protects officials performing discretionary functions from liability "where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Gold v. City of Miami, 121 F.3d 1442, 1445 (11th Cir. 1997) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)); Strock v. City of Coral Springs, 354 F.3d 1307, 1313 (11th Cir. 2003). As long as an official's conduct is not unlawful, the doctrine of qualified immunity exempts government official from damage suits to enable them to perform their responsibilities without threats of liability. Hutton v. Strickland, 919 F.2d 1531, 1536 (11th Cir. 1990). Qualified immunity is intended to protect "all but the plainly incompetent or those who knowingly violate the law." McCoy v. Webster, 47 F.3d 404, 407 (11th Cir. 1995) (quoting Malley v. Briggs, 475 U.S. 335, 341 (1986)).
A government official's conduct is evaluated under an "objective legal reasonableness" standard. Koch v. Rugg, 221 F.3d 1283, 1295 (11th Cir. 2000). Subjective intent is irrelevant to the issue Id. Under the "objective legal reasonableness" standard, a government official performing discretionary functions is protected if "a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time of conduct occurred." Hardin v. Hayes, 957 F.2d 845, 848 (11th Cir. 1992). The Supreme Court has set forth a two part analysis to be applied to a defense of qualified immunity. Hope v. Pelzer, 536 U.S. 730, 736 (2002); Saucier v. Katz, 533 U.S. 194, 201 (2001). The threshold inquiry a court must undertake is whether Mobley's allegations, if true, establish a constitutional violation. If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. Saucier, 533 U.S. at 201. However, if a constitutional right would have been violated under Mobley's version of the facts, the next sequential step is to ask whether the right was clearly established. Id.; Strock, 354 F.3d at 1314. The Saucier analysis is still an appropriate consideration in qualified immunity cases but the sequence of analysis should not be regarded as an inflexible requirement in all cases. Pearson v. Callahan, 129 S. Ct. 808 (2009).
In Saucier, the Supreme Court stated that the relevant query is whether it "would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted." Id. In Hope, the Supreme Court refined the Saucier query, holding that the ". . . salient question . . . is whether the state of law gave [the officers] fair warning that their alleged treatment [of Mobley] was unconstitutional." The Hope Court emphasized that officers sued in a section 1983 action have a "right to fair notice." 536 U.S. at 739. To demonstrate that summary judgment is appropriate on a qualified immunity defense, the defendant must show that he is entitled to judgment as a matter of law, and that there are no genuine issues of material fact pertinent to that law. Sims v. Metro Dade County, 972 F.2d 1230, 1233-34 (11th Cir. 1992) (citing Rich v. Dollar, 841 F.2d 1558, 1562 (11th Cir. 1988)).
In the Eleventh Circuit, "for the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government actors in the defendants' place, that what he is doing violates federal law." Jenkins v. Talladega City Board of Education, 115 F.3d 821, 823 (11th Cir. 1997) (en banc) (citing Anderson v. Creighton, 483 U.S. 635, 640 (1987)).
"[A] public official is entitled to qualified immunity unless, at the time of the incident, the preexisting law dictates, that is, truly compel[s], the conclusion for all reasonable similarly situated public officials that what [the official] was doing violated [the plaintiff's] federal rights in the circumstance." Wilson v. Zellner, 200 F.Supp. 2d 1356, 1360 (M.D. Fla. 2002), (citing Marsh v. Butler County, 268 F.3d 1014, 1030-31 (11th Cir. 2001) (en banc)).
Standard of Review for Summary Judgment
Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The moving party bears the initial burden of showing the Court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial. See Celotex Corp. v. Catrett, 477 U.S. 317 (1986). A moving party discharges its burden on a motion for summary judgment by "showing" or "pointing out" to the Court that there is an absence of evidence to support the non-moving party's case. Id. at 325. Rule 56 permits the moving party to discharge its burden with or without supporting affidavits and to move for summary judgment on the case as a whole or on any claim. See id. When a moving party has discharged its burden, the non-moving party must then "go beyond the pleadings," and by its own affidavits, or by "depositions, answers to interrogatories, and admissions on file," designate specific facts showing there is a genuine issue for trial. Id. at 324.
In determining whether the moving party has met its burden of establishing that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law, the Court must draw inferences from the evidence in the light most favorable to the non-movant and resolve all reasonable doubts in that party's favor. See Samples on behalf of Samples v. City of Atlanta, 846 F.2d 1328, 1330 (11th Cir. 1988). The Eleventh Circuit has explained the reasonableness standard:
In deciding whether an inference is reasonable, the Court must "cull the universe of possible inferences from the facts established by weighing each against the abstract standard of reasonableness." [citation omitted]. The opposing party's inferences need not be more probable than those inferences n favor of the movant to create a factual dispute, so long as they reasonably may be drawn from the facts. When more than one inference reasonably can be drawn, it is for the trier of fact to determine the proper one.WSB-TV v. Lee, 842 F.2d 1266, 1270 (11th Cir. 1988).
Thus, if a reasonable fact finder evaluating the evidence could draw more than one inference from the facts, and if that inference introduces a genuine issue of material fact, then the court should not grant the summary judgment motion. See Augusta Iron Steel Works v. Employers Ins. of Wausau, 835 F.2d 855, 856 (11th Cir. 1988). A dispute about a material fact is "genuine" if the "evidence is such that a reasonable jury could return a verdict for the non-moving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The inquiry is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Id. at 251-52.
DISCUSSION Unlawful Entry and Search: Counts I and VI
Mobley alleges that Mark Montague and Michael Spirk unlawfully entered and searched his motel room on May 5, 2003. Mobley's claims have no merit because the protection of qualified immunity applies regardless of whether the government official's error is a mistake of fact, mistake of law, or a mistake based on mixed questions of law and fact. Groh v. Ramirez, 540 U.S. 551, 567 (2004).
In 2003, the controlling law held that a co-occupant did not have the authority to consent to the search of premises that were jointly controlled or occupied if the target of the search was present and non-consenting. Matlock v. U.S., 415 U.S. 164, 171 (1974); Silva v. State, 344 So. 2d 559 (Fla. 1977); Saavedra v. State, 622 So. 2d 952 (Fla. 1993). Here, the Defendants were mistaken about the facts and law in that they believed that a co-occupant could consent to a search over the objection of a present and non-consenting occupant. There is no evidence in this case that the Defendants intentionally and knowingly violated the law May 5, 2003. Moreover, there is no evidence, such as omitting or secreting Mobley's denial of consent, which lends itself to any suggestion the Defendants acted in bad faith. Defendants believed that Ms. Ramos could legally give consent to search the motel room and that she did so. (Doc. No. 63, Montage Aff. ¶ 9-11; Doc. No. 64, Sprik Aff. ¶ 20). The Defendants' belief is supported by the fact that Officer Montague asked Ms. Ramos for consent to search the motel room.
Qualified immunity still shields an officer from suit, even when a decision is constitutionally deficient, where an officer reasonably misapprehends the law governing the circumstances. Brousseau v. Haugen, 543 U.S. 194 (2004). The Defendants misapprehended the law regarding whether Ms. Ramos had the authority to consent but are still entitled to qualified immunity.
Therefore, Defendants are entitled to summary judgment based on qualified immunity on counts I and VI.
Malicious Prosecution: Count II and Count III
In order to prove malicious prosecution pursuant to § 1983, Mobley must prove the elements of the common law tort and a Fourth Amendment violation of his right to be free from an unreasonable seizure. Kingsland v. City of Miami, 382 F. 3d 1220 (11th Cir. 2004). Under Florida law, a plaintiff must establish six elements to support a claim of malicious prosecution: (1) an original judicial proceeding against the present plaintiff was commenced or continued; (2) the present defendant was the legal cause of the original proceeding; (3) the termination of the original proceeding constituted a bona fide termination of that proceeding in favor of the present plaintiff; (4) there was an absence of probable cause for the original proceeding; (5) there was malice on the part of the present defendant; and (6) the plaintiff suffered damages as a result of the original proceeding. Durkin v. Davis, 814 So.2d 1246, 1258 (Fla. 2d DCA 2002) (citing Burns v. GCC Beverage Inc, 502 So. 2d 1217 (Fla. 1986)).
Mobley cannot prove that the Defendants were the legal cause of the judicial proceeding against him. The Eleventh Circuit has consistently held that intervening acts of the prosecutor will break the chain of causation if the police do not improperly influence the prosecutor or engage in deceptive tactics. Eubanks v Gerwen, 40 F. 3d 1157, 1160-61 (11th Cir. 1994); Barts v. Joyner, 865 F. 2d 1187, 1195 (11th Cir. 1989). Mobley alleges that the Defendants were the legal cause because they falsified the documents that the prosecutor reviewed. Mobley alleges that the false information pertained to Ms. Ramos' consent and Mobley asserts that Ms. Ramos never gave consent to search the room. However, Ms. Ramos' consent or lack of consent is an immaterial fact in this case because she did not have the authority to consent to a search of the motel room.
There is no evidence that the Defendants consulted with the State Attorney or participated in the State Attorney's decision to file charges against Mobley. Moreover, there is no evidence that the State Attorney filed the felon in possession of firearm charges based on what was contained in the police report. Even if this Court inferred that the State Attorney reviewed Agency Report Number 03-194775 prior to filing charges, the Court would not find that the report contains information allowing an inference that any information was false or that the information misled the prosecutor. Mobley was not arrested on May 5, 2003 for being a felon in possession of a firearm, yet this was the only charge filed by the State Attorney. It is reasonable to infer that the State Attorney unilaterally decided which charges he would prosecute and that the officer Defendants were not the legal cause of the original proceeding. Mobley has not met the elements to prove malicious prosecution and the Defendants are entitled to summary judgment on counts II and III because no genuine issues of material fact remain as to these claims.
Mobley was arrested for robbery with a weapon, armed kidnaping, possession of cocaine, and possession of cannabis. The Court takes judicial notice of Hillsborough Sheriff's Office website for booking number 03026084.
The Court takes judicial notice of the Hillsborough County Clerk of Court progress docket for Case #03-cf-7560 showing that the State Attorney filed filed one charge against Mobley — felon in possession of a firearm.
Unlawful Detention: Count V
Mobley alleges on page six of his amended complaint that his unlawful detention stemmed from the unlawful search of his motel room. While an arrest without probable cause violates the right to be free from an unreasonable seizure, Durruthy v. Pastor, 351 F.3d 1080, 1087 (11th Cir. 2003), the existence of probable causes creates an absolute bar to a section 1983 action for false arrest. Marx v. Gumbinner, 905 F. 2d 1503 (11th Cir. 1990). An officer is entitled to qualified immunity on a section 1983 claim of false arrest where the officer had "arguable probable cause," or where "reasonable officers in the same circumstances and possessing the same knowledge as the [d]efendants could have believed that probable cause existed to arrest" Mobley. Redd v. City of Enterprise, Alabama, 140 F.3d 1378, 1382 (11th Cir. 1998); Strock, 354 F.3d at 1314-15. The key element in "arguable probable cause" is what information the officer knew or had at the time of the arrest to warrant a prudent person to believe that the suspect had committed an offense. Gerstein v. Pugh, 420 U.S. 103, 111 (1975); Strock, 354 F.3d at 1315; Rankin v. Evans, 133 F.3d 1425, 1435 (11th Cir. 1998). Probable cause is purely a matter of law for the court where material facts are undisputed. Martinez v. Brink's Inc., 171 Fed. Appx. 263 (11th Cir. 2006).
In this case, the police were called to the motel on May 5, 2003, because Mobley had allegedly robbed Richard Newton. The police took a statement from, and believed Richard Newton when Newton told them that he had been threatened and made to go to the bank to withdraw money. There is no evidence that the police doubted, or had any reason to doubt, Mr. Newton's statements. The facts demonstrate that Officer Spirk observed Mobley return to the motel; Mr. Newton identified Mobley as the robbery suspect when Mobley drove into the lot; and Officer Spirk saw Mobley remove what appeared to be a black firearm from his waistband at the door of room 385. Mobley was arrested for armed robbery and kidnaping of Richard Newton. Mr. Newton's testimony was sufficient to establish arguable probable cause to arrest Mobley. Thus, Plaintiff was not arrested solely because of the items found in his motel room. There was probable cause for Mobley's criminal offense arrest on May 5, 2003, that did not stem from the search of Mobley's motel room. See Lee v. Ferraro, 284 F. 3d 1188, 1195-96 (11th Cir. 2002).
Defendants are entitled to summary judgment based on qualified immunity as to count V.
Accordingly, the Court orders:
That Defendants' motion for summary judgment, based partly on qualified immunity, (Doc. No. 62) is granted. The Clerk is directed to enter judgment for Defendants and to close this case.
ORDERED at Tampa, Florida.
TAMPA PD GO 2003-194775 For: LG15 GENERAL OFFENSE HARDCOPY (ARREST-PATR) Tue, Jan. 13 2009 1200 — 2 ROBBERYGeneral Offense Information
Operational status: ARREST-PATROLReported on: May-05-2003 (Mon.) 1229
Occurred on: May-05-2003 (Mon.) 1100
Approved on: Jun-09-2004 (Wed.) by: 29096 — SEMENTILLI, RICARDO D
Report submitted by: 34045 — SPIRK, MICHAEL J
Location: 1701 BUSCH BL E
Municipality: Tampa
District: 2 Beat: D10 Grid: 30
Felony/Misdemeanor: F
Bias: None (no bias)
Value loss: $700 Value recovered: $700
Family violence: NO
Offenses (Completed/Attempted)
Offense: #1 1200 — 2 ROBBERY — COMPLETED
Location: Hotel/Motel
Offender suspected of using: Not Applicable
Weapon type: Firearm
Offense: #2 350A — 7 POSSESSION CONTROLLED SUBSTANC — COMPLETED
Location: Hotel/Motel
Offender suspected of using: Not Applicable
Criminal activity: Possessing/Concealing
Offense: #3 1000 — 2 FALSE IMPRISONMENT — COMPLETED
Location: Hotel/Motel
Offender suspected of using: Not Applicable
Weapon type: Firearm
Related Event(s)
CP 2003-194775 AB 2003-03026084Related Person(s)
VICTIM #2: NEWTON, RICHARD ALAN(Case Specific Information)
Sex : MALE
Race: WHITE
Date of birth: _____
Address: 5125 PALM SPRINGS BLVD #12105, TAMPA, Florida 33647-
Phone Numbers: Home: (813)615-1242
Master Name Index Reference
VICTIM #2: NEWTON, RICHARD ALAN
Sex : MALE
Race: WHITE
Date of birth : _____
Aliases : A.J., A.J.
Linkage factors
Resident status : City (Tampa)
Statement taken : YES
Victim of:
1200 — 2 ROBBERY — COMPLETED
1000 — 2 FALSE IMPRISONMENT — COMPLETED
Victim's Relationship to Offender: Victim Was Acquaintance
Person's role : DEFENDANT # 2
Person's name : MCNEAL, TONY DEVON
Victim to Offender LEOKA Details
Victim's Relationship to Offender: Victim Was Acquaintance
Person's role : DEFENDANT # 3
Person's name : MOBLEY, EURYIA DIABLO
Victim to Offender LEOKA Details
(Case Specific Information)
DEFENDANT #2: MCNEAL. TONY DEVON
Sex : MALE
Race : BLACK
Ethnicity : Non-Hispanic
Date of birth : _____
Address : 7503 N DARTMOUTH AV, TAMPA, Florida 33604-
Phone Numbers: Home : (813)234-1115 Business: (813)234-1115
Place of birth : Florida
Occupation : DISABLED
Employer : 7503 DARTMOUTH AV, 33604 — 5024 UCETTA DR
Marital status : Single
Language(s) spoken : English
Citizenship : America, United Stat
Height: 5'09
Weight: 208 lbs
Complexion: DARK
Build: Medium
Hair color: BLACK
Hair style: Bald
Eye color: BROWN
Handed: Right Handed
Gang name: Draks/Draks
Additional remarks:
2 GOLD TEETH UP FRONT
Master Name Index Reference
DEFENDANT #2: MCNEAL, TONY DEVON
Sex : MALE
Race : BLACK
Ethnicity: Non-Hispanic
Date of birth: Oct-02-1976 JONES, TONY MCNEAL, ANTHONY DEVON MCNEAL, TONY MIKE JONES, ANTHONY JOHNSON, TONY DEVON MCNEAL, ANTHONY EUGENE JONES, TONY MCNEAL, ANTHONY DEVON LITTLE D, LITTLE D JOHNSON, DERRICK DEVON JOHNSON, TONY DEVON JOHNSON, TONY DEVON JOHNSON, DERRICK DEVON MCNEAL, TONY D LITTLE HEAD JELKS, DERRICK
Aliases : : : : : : : : : : : : : : : : Linkage factorsResident status : City (Tampa)
Condition : Consumed Alcohol and Drugs
Offense : 1200-2 ROBBERY — COMPLETED
Arrest date : May-05-2003 (Mon.)
Arrest type : Taken into Custody/Booked
Use of Force Details
Use of Force Information
Date occurred : May-05-2003 (Mon.)
Time occurred : 1430
Location : 1701 BUSCH BL E
Nature of contact : Arrest
Reason: To Restrain for Subject's Safety
Subjects present : 2
Subject's conduct :
Compliance
Subject's resistance :
Presence
Level of force or control used:
Handcuffs, Firearm Pointed at Suspect
Police weapons used : Pistol
Effects of Force Used
On subject: No Complaint of Injury
Rendered unconscious : N
Treatment : No Treatment Necessary
Transported to : Other
On police : No Complaint of Injury
Remarks:
THE LISTED MAY BE INVOLVED IN THE ARMED ROBBERY IT IS UNKNOWN AT THIS TIME.
Officers Involved
Reporting officer: SPIRK, MICHAEL J
Date reported: May-05-2003 (Mon.)
Supervisor Information
Supervisor notified: CANGELOSI, ANTHONY W (Retired)
Date notified: May-05-2003 (Mon.)
Time notified: 1330
Responded: Y
DEFENDANT #3: MOBLEY, EURYIA DIABLO
(Case Specific Information)
Sex : MALE
Race : BLACK
Ethnicity : Non-Hispanic
Date of birth : _____
Address: 2110 W CRAWFORD AV, TAMPA, Florida 33610-
Phone Numbers:Home : (813)936-0155 Business: (813)294-6363
Place of birth : Florida
Occupation : LABORER
Employer : R R MASONARY — 2106 DURANT
Marital status : Single
Height : 6'03
Weight : 280 lbs
Complexion : MEDIUM
Build : Large
Hair color : BLACK
Hair style: Afro Small
Eye color: BROWN
Additional remarks:
SCAR ON FACE
Master Name Index Reference
DEFENDANT #3: MOBLEY, EURYIA DIABLO
Sex : MALE
Race : BLACK
Ethnicity : Non-Hispanic
Date of birth : Dec-24-1974 MOBLEY, EURYIA DIABLO MOBLEY, TONY ANDREWS, TONY BARAK DIABOLO, EURYIA BIGLO, BIGLO BIG, LO MOBLEY, EURYA DIABLO TONY, TONY CHILES, XAVIER MONTEZ MOBLEYOC, EURYIA NAPPER, ERIC NAPPER, ERIC MOBLEY, ERYIA DIABLO MOBLEY, EURYIA MOBLEY, EURYIA DIABLO
Aliases : : : : : : : : : : : : : : : Offense : 350A — 7 POSSESSION CONTROLLED SUBSTANC — COMPLETEDArrest date : May-05-2003 (Mon.)
Arrest type : Taken into Custody/Booked
COMPLAINANT #1: NEWTON, ALAN
(Master Name Information)
Sex : MALE
Race : UNKNOWN
Phone Numbers:Home : (813)368-2935
INVOLVED #1: RAMOS, ELIZABETH
(Master Name Information)
Sex : MALE
Race: BLACK
Date of birth : _____
Address : AT LARGE, TAMPA, Florida
Place of birth : New Jersey
Linkage factors
Resident status : City (Tampa)
Use of Force Details
Use of Force Information
Date occurred : May-05-2003 (Mon.)
Time occurred : 1330
Location : 1701 BUSCH BL E
Nature of contact : Arrest
Reason : Necessary to Effect Arrest
Subject's conduct:
Subject's resistance:
Compliance
Level of force or control used:
Handcuffs
Effects of Force Used
On subject: No Complaint of Injury
Rendered unconscious : N
Treatment : No Treatment Necessary
Transported to : Jail
On police: No Complaint of Injury
Remarks:
THE DEF. WAS ARRESTED ON AN ACTIVE CAPIAS
Officers Involved
Reporting officer : SPIRK, MICHAEL J
Date reported : May-05-2003 (Mon.)
Supervisor Information
Supervisor notified: CANGELOSI, ANTHONY W (Retired)
Date notified : May-05-2003 (Mon.)
Time notified : 1430
Responded: Y
Related Vehicle(s)
Vehicle #1: INVOLVED
License plate # : V55TSU, Florida
License year : 2003
License type : Automobile (Regular Passenger)
VIN #: 1N4DLOID7XC233074
Vehicle type : AUTOMOBILE
Vehicle year : 1999 Make : Nissan Model : Altima
Style : 4-Door Color: MAR/
Particulars
Transmission :
Interior :
Exterior :
Windows :
Wheels :
Condition :
Related text page(s)
CASE SUMMARY 34045 — SPIRK, MICHAEL J ARMED ROBBERY, KINAP, G/T May-05-2003 1100
Document: Author: Subject: Related date/time: ON THE LISTED DATE AND TIME THE DEF. THREATENED THE COMPL. WITH A FIREARM, AND TOLD HIM THAT HE NEEDED AN ADDITIONAL FIVE HUNDRED DOLLARS. THE DEF. PUT THE FIREARM IN HIS PANTS. THE DEF. DROVE THE COMPL. TO THE BANK, THROUGH THE DRIVE THROUGH THE DEF. MADE THE COMPL. WITH DRAW MONEY. THE COMPL. WITH DREW ONE THOUSAND DOLLARS. THE MONEY CAME BACK TO THE DEF. THROUGH THE DRIVE THROUGH TELLER. THE DEF. THEN HANDED THE ENVELOPE TO THE COMPL. AS THE DEF. ATTEMPTED TO GET HIS MONEY OUT, THE DEF. GRABBED THE ENVELOPE. HE COMPL. HAD REMOVED THREE HUNDRED AND SIXTY DOLLARS, THE DEF. TOOK THE REMAINDER WHICH TOTALED SIX HUNDRED AND FORTY DOLLARS. CASE SUMMARY 33139 — MONTAGUE, MARK I DETAILS May-05-2003 1400 Document: Author: Subject: Related date/time: I RESPONDED TO THE BEST ECONOMY AT THE REQUEST OF OFC M SPIRK. UPON ARRIVAL I OBSERVED BF MOBLEY SITTING ON THE STAIRS. I WAS TOLD BY OFC SPIRK THAT THERE WERE SUPPOSE TO BE GUNS IN THE ROOM AND THAT THE ROOM BELONGS TO BM MOBLEY. I ASKED BM MOBLEY IF WE COULD SEARCH THE ROOM FOR GUNS. HE SAID ID RATHER YOU DIDNT LOOK FOR GUNS. HE THEN TOLD ME LITTLE HEAD WAS IN THE ROOM. WE RESPONDED TO ROOM 385 TO CONTACT LITTLE HEAD WHO WAS A SUSPECT IN THE OFFENSE.HF RAMOS ANSWERED THE DOOR.I ASKED IF LITTLE HEAD WAS HERE SHE LOOKED AT THE BATHROOM. I SAID IS HE HERE SHE SAID YES. WE YELLED FOR HIM TO COME OUT.AFTER A FEW MINUTES HE CAME OUT OF THE BATHROOM.HF RAMOS GAVE PERMISSION TO ENTER THE ROOM.SHE SAID THAT SHE AND BM MOBLEY ARE BOYFRIEND AND GIRLFRIEND AND THAT THEY BOTH HAVE STAYED IN THE ROOM FOR THE PAST TWO DAYS.I EXPLAINED THE SITUATION AND ASKED IF WE COULD LOOK THROUGH THE ROOM FOR GUNS.SHE SAID I DONT CARE, I _____ SAID YEAH GO AHEAD _____ AS I SPOKE TO HF RAMOS.MARIJUANA AND COCAINE WERE FOUND AND I CONDUCTED THE FIELD TEST WHICH BOTH WERE POSITIVE.I PACKAGED THE NARCOTICS AND I PLACED THE EVIDENCE INTO THE D2 PROPERTY ROOM. INITIAL REPORT 34045 — SPIRK, MICHAEL J ARMED ROBBERY May-05-2003 Document: Author: Subject: Related date/time: ON THE LISTED DATE AND TIME OFFICER M. FORTUNATO AND I RESPONDED TO MOTEL LOCATED AT 1701 E. BUSCH BLVD. AS WE ARRIVED WE MET WITH AND INTERVIEWED THE COMPL. NEWTON. AS WE WERE TALKING WITH NEWTON THE DEF. DROVE BY IN THE VEHICLE IN QUESTION. THE VEHICLE HEADED TO THE REAR OF THE COMPLEX. AS WE PULLED AROUND TO THE REAR PORTION OF THE COMPLEX, WE OBSERVED THE COMPL.S CAR PARKED NEXT TO THE STAIR WELL. WE OBSERVED THAT THE DEF. MOBLEY WAS NOW ON THE THIRD FLOOR OF THE BUILDING. THE COMPL. SAID THAT WAS THE PERSON IN QUESTION. I THEN TOLD THE DEF. TO STOP, WE NEEDED TO TALK TO HIM. THE DEF. LOOKED AT ME AND HELD HIS FINGER UP AS IF TO SAY JUST A MINUTE. THE DEF. CONTINUED TO WALK TO HIS ROOM # 385. THE DEF. TURNED TO HIS RIGHT AND OPENED THE DOOR WITH HIS LEFT HAND. AS THE DEF. ENTERED THE ROOM, PRIOR TO CROSSING THE THRESHOLD OF THE DOOR, THE DEF. REACHED IN THE FRONT RIGHT PORTION OF HIS PANTS, AND REMOVED WHAT APPEARED TO BE A BLACK HANDGUN. I THEN TOLD OFFICER M. FORTUNATO THAT THE DEF. IS ARMED. SECONDS LATER THE DEF. WALKED BACK OUT OF THE ROOM, AND WALKED DOWN TO THE FIRST FLOOR. WE THEN PATTED THE DEF. DOWN FOR OUR SAFETY. WE THEN ASKED THE DEF. FOR IDENTIFICATION, AT WHICH TIME THE DEF. PRODUCED A FLORIDA IDENTIFICATION CARD. WE THEN EXPLAINED WHY WE STOPPED HIM, AND THE ALLEGATIONS THE COMPL. _____ IF THERE WAS ANYONE ELSE UP IN THE ROOM. THE DEF. SAID NO. WE THEN ASKED HIM IF HE WAS SURE, AND SHORTLY AFTER THE DEF. SAID THAT A FRIEND OF HIS LITTLE HEAD, MCNEAL, WAS UP THERE. WE CALLED FOR ADDITIONAL UNITS, AND SHORTLY AFTER OFFICER M. MONTEGUE RESPONDED. OFFICER MONTEGUE SPOKE WITH THE DEF. AND ASKED HIM WHO WAS UP IN THE ROOM. THE DEF. SAID HIS GIRLFRIEND AND A FRIEND OF HIS LITTLE HEAD OFFICER MONTEGUE ASKED THE DEF. HOW _____ OFFICER MONTEGUE THEN ASKED THE DEF. IF WE COULD LOOK THROUGH HIS ROOM FOR THE GUNS. THE DEF. SAID THAT DID NOT WANT US TO. OFFICER MONTEGUE AND OFFICER FORTUNATO AND I WALKED TO THE DEF.S ROOM, WHERE WE KNOCKED ON THE DOOR TO ROOM 385. A HISPANIC FEMALE RAMOS, ELIZABETH OPENED THE DOOR.OFFICER MONTEGUE ASKED HER HER NAME AT WHICH TIME SHE VERBALLY IDENTIFIED HERSELF AS RAMOS. SHE THEN SAID SHE WAS STAYING IN THE ROOM. OFFICER MONTEGUE TOLD HER WE THOUGHT THERE MIGHT BE GUNS IN THE ROOM, AND HER IF IS WAS OK IF WE LOOKED THROUGH THE ROOM. RAMOS SAID SURE GO AHEAD. MONTEGUE ASKED RAMOS WHERE TONY WAS. RAMOS LOOKED AT THE BATHROOM. SHE WOULD NOT SPEAK, SHE JUST MOTIONED TOWARDS THE BATHROOM. WE THEN ANNOUNCED OUR PRESENTS ADVISING HIM TO COME OUT OF THE BATHROOM. WE CALLED TO HIM SEVERAL TIMES AND MET WITH NEGATIVE RESULTS. WE ASKED RAMOS TO STEP OUT OF THE ROOM, AT WHICH TIME SHE DID. WE POINTED OUR FIREARMS TOWARD THE BATHROOM, IN CONCERN FOR OUR SAFETY. SHORTLY AFTER MCNEAL EXITED THE BATHROOM. WE GAVE HIM VERBAL COMMANDS TO LAY FLAT ON THE FLOOR, AT WHICH TIME MCNEAL COMPLIED. HE WAS PATTED DOWN AND HANDCUFFED. WE ASKED HIM WHY HE DID NOT COME OUT OF THE BATHROOM, AND HE SAID THAT HE HAD_____ DOING COCAINE ALL DAY AND HE DID NOT WANT TO GET ARRESTED FOR WARRANTS. _____ THEN BEGAN LOOKING THROUGH THE ROOM. AS I LOOKED UNDER THE BED MATTRESS, THAT IS NEXT TO THE BATHROOM, _____ A THIRTY EIGHT CALIBER SNUB NOSE REVOLVER, TITAN TIGER SER.# N007919 IN BETWEEN THE MATTRESS AND BOX SPRINGS. THE GUN WAS LOCATED AT THE TOP RIGHT PORTION OF THE BED NEXT TO THE HEADBOARD. THE GUN WAS LOADED. I THEN USED A PIECE OF CLOTHING TO PICK THE GUN UP AND PLACED IT OVER ON A TABLE THAT WAS LOCATED IN THE ROOM _____ THEN LIFTED THE BOX SPRINGS UP OF THE SAME BED, AND FOUND A BOX OF LIVE FORTY FIVE CALIBER AMMUNITION. THAT WAS ALSO PLACED ON THE TABLE WITH THE THIRTY EIGHT. AS I CONTINUED TO LOOK THROUGH THE ROOM, _____ REMOVED THE TISSUE BOX THAT WAS MOUNTED IN THE SINK CABINET. AS I PULLED THE BOX FROM THE CONTAINER, THE CONTENTS OF THE TISSUE BOX FELL OUT. IT WAS A CLEAR PLASTIC BAG WHICH CONTAINED A GREEN LEAFY SUBSTANCE, INDICATIVE OF MARIJUANA. ALSO IN THE BAG WAS A SMALL BAG OF WHITE POWDER, AND PIECES OF WHAT APPEARED TO BE ROCK COCAINE. AS _____ ONTINUED TO LOOK THROUGH A GYM BAG WHICH CONTAINED MALE AND FEMALE CLOTHING, I FOUND A HARD OBJECT WRAPPED IN A WHITE SHIRT. AS I SLOWLY OPENED THE SHIRT I OBSERVED WHAT APPEARED TO BE A FORTY FIVE CALIBER COLT SEMIAUTOMATIC HAND GUN. THE GUN WAS HANDED TO OFFICER M. FORTUNATO WITH THE USE OF THE SHIRT, AS NOT TO CONTAMINATE THE EXTERIOR. OFFICER SAID THAT THE MAGAZINE HAD LIVE BULLETS IN IT, BUT THE BARREL IS EMPTY. AS WE CONTINUED TO LOOK THROUGH THE ROOM NO OTHER CONTRABAND WAS OBTAINED. RAMOS WAS ARRESTED ON AN ACTIVE CAPIAS. A FIELD TEST WAS CONDUCTED ON THE SUBSTANCES, AND THE GREEN LEAFY SUBSTANCE TESTED POSITIVE FOR MARIJUANA, THE WHITE POWDER TESTED POSITIVE FOR COCAINE, AND THE SOLID SUBSTANCE WAS POSITIVE FOR COCAINE. THE FIELD TEST WERE EXECUTED BY TAMPA POLICE OFFICER M. MONEGUE. SHORTLY AFTER CRIME SCENE TECH J. STACY RESPONDED TO OUR LOCATION AND RECOVERED THE GUNS DRUGS, AND MONEY, AND PHOTOGRAPHED THE SCENE. MCNEAL WAS RELEASED AT THE SCENE. A RECORDS CHECK ON THE COLT FROTY FIVE HAND GUN REFLECTED THAT IT WAS REPORTED STOLEN OUT OF PINELLAS PARK POLICE DEPT. ON 2-5-03 BY THE OWNER. I SPOKE WITH THE OWNER SCOTT ELLIS WHO RELATED THAT HE HAD ONLY HAD THE GUN FOR A FEW DAYS, THAT IT IS BRAND NEW AND NEVER BEEN FIRED. STATEMENT 34045 — SPIRK, MICHAEL J NEWTON RICHARD ALAN May-05-2003
Document: Author: Subject: Related date/time: ON THE LISTED DATE AND TIME NEWTON TOLD OFFICER M. FORTUNATO AND I THE FOLLOWING. NEWTON EXPLAINED TO US THAT HE IS A COCAINE USER, AND HAS BEEN FOR MANY YEARS. APPROX. TWO WEEKS AGO NEWTON BORROWED FIVE HUNDRED DOLLARS FROM MOTLEY, TO PAY OFF ANOTHER DRUG DEALER, THAT HE OWED. NEWTON SAID THAT HE ALSO LET MOBLEY HOLD HIS GIRLFRIENDS CAR. NEWTON SAID THAT HIS GIRLFRIEND HAD GIVEN HIM A CHECK FOR APPROX. FOUR THOUSAND DOLLARS, WHICH HE DEPOSITED INTO HIS CHECKING ACCOUNT, AT SOUTH TRUST BANK. ON TODAYS DATE NEWTON WAS AT MOBLEYS HOTEL ROOM, TO PAY BACK THE MONEY THAT HE OWED MOBLEY, AND GET HIS GIRLFRIENDS CAR BACK. AT APPROX. 0800 HRS. NEWTON SAID THAT HE AND MOBLEY DROVE TO THE SOUTH TRUST BANK LOCATED AT N. 56 ST AND BUSCH BLVD. WHERE HE WITHDREW, SIX HUNDRED DOLLARS FROM HIS CHECKING ACCOUNT. NEWTON SAID THAT HE ONLY OWED MOBLEY FIVE HUNDRED DOLLARS, BUT HE GAVE HIM SIX HUNDRED DOLLARS AS AN ACT OF GOOD FAITH. NEWTON SAID THAT HE AND MOBLEY RETURNED TO THE HOTEL ROOM # 385, AT 1701 E. BUSCH BLVD. NEWTON SAID THAT ONCE THEY GOT BACK TO THE ROOM HE ASKED MOBLEY FOR THE KEYS TO THE CAR. MOBLEY SAID NO YOU ARE GOING TO GET ME FIVE HUNDRED MORE. NEWTON SAID THAT HE. TOLD MOBLEY THAT HE JUST COULD NOT DO THAT. ACCORDING TO NEWTON, MOBLEY MOVED OVER TO THE BED WHERE HE REMOVED A BLACK IN COLOR SHORT BARREL REVOLVER. NEWTON SAID WHILE MOBLEY WAS HOLDING THE GUN IN HIS RIGHT HAND, MOBLEY LOOKED AT HIM, AND TOLD HIM THAT HE WILL GET THE MONEY FROM THE BANK, AND IF YOU SAY ANYTHING I WILL BURN YOU. NEWTON TOLD OFFICER M. FORTUNATO AND I THAT AT THIS POINT HE WAS IN FEAR FOR HIS LIFE, AND FELT THAT HE MUST COOPERATE, FOR HIS OWN SAFETY. NEWTON SAID MOBLEYS GIRLFRIEND RAMOS, ELIZABETH (DOB)3-28-74 WAS PRESENT DURING THIS CONVERSATION, BUT DID NOT SAY ANYTHING. NEWTON ALSO SAID THAT ANOTHER BLACK MALE WAS IN AND OUT OF THE ROOM, AND IS NOT SURE IF HE WAS AWARE OF WHAT MOBLEY WAS THREATENING HIM TO DO. AT APPROX, 1030 HRS. MOBLEY PUT THE HAND GUN IN THE FRONT POCKET OF HIS PANTS.MOBLEY THEN TOLD NEWTON THAT IT WAS TIME TO GO TO THE BANK. NEWTON SAID THAT MOBLEY FOLLOWED HIM OUT OF THE HOTEL ROOM, DOWN TO THE PARKING LOT WHERE NEWTON SAID MOBLEY HAD PARKED HIS GIRLFRIENDS CAR. NEWTON SAID THAT THE BLACK MALE THAT WAS IN AND OUT OF THE ROOM, LATER (ID) AS MCNEAL, TONY DEVON MET THEM. NEWTON SAID THAT MCNEAL SAT IN THE FRONT PASSENGER SEAT, AND THE MOBLEY DROVE. NEWTON SAID THAT THEY DROVE TO THE SOUTH TRUST BANK LOCATED ON WEST WATERS AVE. AS MOBLEY PULLED INTO THE PARKING LOT OF THE BANK, MOBLEY STOPPED THE CAR, PULLED THE GUN OUT OF HIS PANTS COVERED THE GUN WITH A TOWEL AND HANDED IT TO MCNEAL. MOBLEY TOLD MCNEAL TO PUT THE GUN UNDER THE SEAT. MCNEAL COMPLIED AND PUT THE GUN UNDER THE FRONT PASSENGER SEAT. NEWTON SAID THAT HE OBSERVED MOBLEY COVER THE GUN WITH THE TOWEL, PRIOR TO HANDING IT TO MCNEAL. MOBLEY THEN PULLED UP TO THE DRIVE THROUGH TELLER. NEWTON SAID THAT HE COMPLETED THE TRANSACTION, AND WITHDREW ONE THOUSAND DOLLARS. ACCORDING TO NEWTON THE MONEY CAME TO MOBLEY. MOBLEY THEN HANDED THE MONEY TO HIM. NEWTON SAID THAT THE MONEY WAS IN AN ENVELOPE. NEWTON SAID THAT HE OPENED THE ENVELOPE TO REMOVE FIVE HUNDRED DOLLARS FOR HIMSELF, AT WHICH TIME MOBLEY GRABBED THE ENVELOPE AWAY FROM HIM. NEWTON SAID THAT HE HAD ONLY REMOVED THREE HUNDRED AND SIXTY DOLLARS FOR HIMSELF. MOBLEY TOOK THE BALANCE OF SIX HUNDRED AND FORTY DOLLARS. NEWTON SAID THAT THEY HEADED BACK TO THE HOTEL ROOM. NEWTON SAID ONCE THEY GOT BACK TO THE HOTEL ROOM, AGAIN HE ASKED MOBLEY FOR THE KEYS TO THE CAR. MOBLEY SAID FIRST I WANT YOU TO TAKE ME TO GET A RENTAL CAR, AND PUT IT UNDER YOUR NAME. NEWTON SAID NO THAT HE WOULD DO THAT. NEWTON SAID THAT MOBLEY GOT MAD, AND SCREAMED AT HIM. NEWTON SAID THAT HE WAS FRIGHTENED OF MOBLEY, NEWTON SAID NOT ONLY WAS MOBLEY ARMED WITH A HAND GUN, NEWTON SAID THAT MOBLEY IS A VERY LARGE INDIVIDUAL. MOBLEY THEN TOLD NEWTON THAT HE WAS GOING TO LEAVE WITH HIS CAR, AND HE WOLD GET THE CAR BACK. MOBLEY THEN LEFT THE MOTEL, AND NEWTON SAID THAT HE WALKED OUT AFTER MOBLEY WAS GONE. NEWTON SAID THAT HE CALLED THE POLICE. NEWTON SAID THAT MOBLEY ALSO HAS A STAINLESS FORTY FIVE AUTOMATIC, THAT HE CARRIES. STATEMENT 34045 — SPIRK, MICHAEL J MCNEAL TONY DEVON May-05-2003 1600 Document: Author: Subject: Related date/time: ON THE LISTED DATE AND TIME HE RELATED TO OFFICER M. FORTUNATO AND I THAT HE DID RIDE WITH THE COMPL. AND MOBLEY TO THE BANK TO GET MONEY. MCNEAL SAID THAT HE WAS NOT AWARE THE MOBLEY HAD THREATENED THE COMPL. AND WAS FORCING HIM TO WITHDRAW MONEY FROM THE BANK. MCNEAL DID SAY THAT MOBLEY HANDED HIM A GUN BUT FIRST COVERED IT WITH A TOWEL. MOBLEY DID TELL HIM TO PUT THE GUN UNDER THE SEAT, WHICH MCNEAL SAID THAT HE DID. SUPPLEMENTAL 42516 — BRIDGES-PREYER, SUSAN May-09-2003 1027 Document: Author: Related date/time: Viewed Date 5-8-03Recovery Location 1701 BUSCH BL E
I RESPONDED TO THE PROPERTY/EVIDENCE SECTION OF THE TAMPA POLICE DEPARTMENT AND VIEWED THE LISTED FIREARM. FIE REVOLVER TITAN TIGER BLUED N007919 38 US
MANUFACTURER TYPE MODEL FINISH SERIAL NBR BARREL CALIBER ORIGIN UNLOADED YES X NO IMPORTER REPORTED STOLEN YES NO X THE FOLLOWING OBSERVATIONS WERE ALSO NOTED:6 SHOT, HAS BEEN PROCESSED
X I FOUND THE SERIAL NUMBER TO BE PROPERLY DESCRIBED. THE SERIAL NUMBER WAS INCORRECTLY DESCRIBED OR OMITTED. THE CORRECT SERIAL NUMBER IS LISTED ABOVE. THE FIREARM WAS REPACKAGED AND PLACED BACK INTO THE EVIDENCE SECTION. SUPPLEMENTAL 42516 — BRIDGES-PREYER, SUSAN May-09-2003 1029 THE FIREARM WILL X WILL NOT BE SENT TO FDLE FOR THE NIBIN PROGRAM. Document: Author: Related date/time: Viewed Date 5-8-03Recovery Location 1701 E BUSCH BL E
I RESPONDED TO THE PROPERTY/EVIDENCE SECTION OF THE TAMPA POLICE DEPARTMENT AND VIEWED THE LISTED FIREARM. COLT PISTOL GOLD CUP TROPHY STAINLESS GCT12205 5 45 US
MANUFACTURER TYPE MODEL FINISH SERIAL NBR BARREL CALIBER ORIGIN UNLOADED YES X NO IMPORTER REPORTED STOLEN YES NO XTHE FOLLOWING OBSERVATIONS WERE ALSO NOTED:
NO MAGAZINE
PROCESSED WITH POWDER
X I FOUND THE SERIAL NUMBER TO BE PROPERLY DESCRIBED. THE SERIAL NUMBER WAS INCORRECTLY DESCRIBED OR OMITTED. THE CORRECT SERIAL NUMBER IS LISTED ABOVE. THE FIREARM WAS REPACKAGED AND PLACED BACK INTO THE EVIDENCE SECTION. SUPPLEMENTAL 42516 — BRIDGES-PREYER, SUSAN LAB SUBMISSION May-23-2003 1613 THE FIREARM WILL X WILL NOT BE SENT TO FDLE FOR THE NIBIN PROGRAM. Document: Author: Subject: Related date/time: ON THIS DATE I REMOVED TWO SEALED PACKAGES FROM THE TPD PROPERTY ROOM. THE SEALS WERE INTACT AND OTHER MARKINGS INDICATED THAT THEY CONTAINED A 45 CAL COLT PISTOL WITH SERIAL GCT12205, AND A 38CAL F.I.E. TITAN TIGER REVOLVER WITH A SERIAL NUMBER N007919. THESE PACKAGES WERE TRANSPORTED TO FDLE AND SUBMITTED FOR TEST FIRE AND NIBIN. THE PACKAGES WERE LEFT WITH NICOLA HAGGARTY OF PDLE. SUPPLEMENTAL 05143 — ROO, GARY J (Retired) CLEARED BY ARREST Jun-04-2003 1013 Document: Author: Subject: Related date/time: ARRESTED:ADULT, B/M MOBLRY, EURYIA _____ 2110 W. CRAWFORDINVESTIGATION:
ACCORDING TO THE ORIGINAL REPORT AS THE ORIGINATING OFFICERS WERE TAKING THE REPORT THE SUSPECT DROVE BY AND THE VICTIM IDENTIFIED HIM.
HE WAS ARRESTED FOR THIS OFFENSE AND A STOLEN FIREARM WAS RECOVERED FROM HIM. THIS FIREARM WAS STOLEN IN ST. PETE. AND THEY WERE ADVISED.
THIS OFFENSE IS CLEARED BY ARREST. SUPPLEMENTAL 36193 — ARMAO, JOHN L Sep-24-2003 0824
Document: Author: Related date/time: On 09-23-03 the listed item(s) were picked up from FDLE and transported back to T.P.D. where they were placed back into evidence at the property room.Titan Tiger revolver Ser.# N007919.
.45 Colt pistol Ser.# GCT12205. SUPPLEMENTAL 36193 — ARMAO, JOHN L FIREARM RELEASE Jun-09-2004
Document: Author: Subject: Related date/time: I WAS CONTACTED BY ELLIS, SCOTT A. W/M 07-16-59 HE ADVISED HE WAS CONTACTED AND TOLD THE CASE THAT HIS GUN WAS TAKEN IN WAS OVER AND THE GUN WAS NO LONGER NEEDED FOR COURT. I CHECKED AND FOUND THAT THE CASE WAS COMPLETED AND THE DEF. WAS PROSECUTED. THE FIREARM IS A COLT .45 GOLD CUP TROPHY SER.# GCT12205. I RAN A CRIMINAL HISTORY ON ELLIS AND HE DID NOT HAVE ANY HISTORY OR INJUNCTIONS AGAINST HIM THAT WOULD PROHIBIT HIM FROM POSSESSING A FIREARM. A RELEASE WAS COMPLETED RELEASING THE FIREARM TO ELLIS.ELLIS WAS ASKED THE BELOW QUESTIONS WHICH HE ANSWERED NO TO.
1) DO YOU FEEL LIKE HURTING YOURSELF OR ANYONE ELSE WITH THE FIREARM.
2) ARE YOU ADDICTED TO OR AN UNLAWFUL USER OF MARIJUANA OR ANY OTHER CONTROLLED SUBSTANCE. SUPPLEMENTAL 30488 — LLANES, MARIA DESTRUCTION OF FIREARM Nov-09-2007 1200
Document: Author: Subject: Related date/time: DESTRUCTION OF FIREARM (S)On 11/9/07 at approximately 0930 hours, a firearm/firearms from this case was/were destroyed during Firearm Destruction at the American Electronics Recycling Plant in Sarasota, Florida. For more information, please refer to TPD Information Report 07-902763. SUPPLEMENTAL 30488 — LLANES, MARIA FIREARM N.I.B.I.N. EVIDENCE Nov-09-2007 1200
Document: Author: Subject: Related date/time: DESTRUCTION OF FIREARM (S)On 11/9/07 at approximately 0930 hours, a firearm/firearms from this case was/were destroyed during Firearm Destruction at the American Electronics Recycling Plant in Sarasota, Florida. The firearm/firearms in this case had F.D.L.E. (N.I.B.I.N.) evidence. It was separated and placed back in the property room under the original case number. For more information, please refer to TPD Information Report 07-902763. IDENT REPORT 16827 — STACY, JERRY May-05-2003
Document: Author: Related date/time:TAMPA POLICE DEPARTMENT CRIME SCENE SUPPLEMENT
03-194775 Richard Newton Armed Robbery 05-05-03 1701 E. Busch Blvd #385 30 Same as above. CPL.Cangelosi OFC.Moniegue 1400 1434 1526 Nikon N-80 20/80 100 Exterior of Best Economy Inn located at 1701 E. Busch Blvd from various perspectives 5 Stairwell leading up to 3rd floor from various perspectives 4 3rd floor walkway 1 Exterior entrance to room #385 1 Interior of room #385 from various perspectives 6 Bath room in room #385 1 Colt Gold Cup Trophy Model 45, Colt 45 clip w/7 Speer 45 Auto live rounds, Box of winchester 45 Auto live rounds; Titan Tiger 38spl with 5 R.P. 38spl live rounds; various drugs; various denominations of U.S, currency totaling $1,293.00 from bed in motel room #385 from various perspectives 6 Colt Gold Cup Trophy model 45 w/Clip 0 Titan Tiger 38spl 0 REPORT NUMBER: COMPLAINANT: OFFENSE: DATE: LOACATION: GRID: ADDRESS OF DISPATCH: REQUESTED BY: OFFICER: TIME REC'D: ARRIVED: IN SERVICE: CAMERA/LENS: TYPE/SIZE/FILM: COLOR/35MM ASA: DESCRIPTION OF PHOTOS: # OF PHOTOS ITEMS PROCESSED FOR LATENT FINGERPRINTS: PRINTS LIFTED: OTHER SERVICES RENDERED/EVIDENCE COLLECTED:The following items were collected, processed with above results, packaged and released to CST3 Bush who in turn released items to Evidence Tech. Males, payroll #36883 and enter into TPD Impound Lot Property section under TPD report #03-194775:
1-Titan Tiger 38spl
1-Colt Gold Cup Trophy model 45 1-Box of Winchester 45 Auto Live rounds w/25 rounds in box 5-R.P. 38spl live rounds All items were collected from bed in room #385 at Best Economy Inn located at 1701 E. Busch Blvd. J.Stacy,#567/1833 R.Garvin IDENT REPORT 26213 — BUSH, HERBERT C Crime Scene Supplement May-06-2003 2200
TECHNICIAN: SUPERVISOR: Document: Author: Subject: Related date/time:TAMPA POLICE DEPARTMENT CRIME SCENE SUPPLEMENT
03-194775 Newton, Richard Robbery 05/05/2003 1701 E. Busch Blvd 30 1900 1926 N/A N/A None requested None requested REPORT NUMBER: COMPLAINANT: OFFENSE: DATE: LOACATION: GRID: ADDRESS OF DISPATCH: REQUESTED BY: OFFICER: TIME REC'D: ARRIVED: IN SERVICE: CAMERA/LENS: TYPE/SIZE/FILM: COLOR/35MM ASA: DESCRIPTION OF PHOTOS: # OF PHOTOS ITEMS PROCESSED FOR LATENT FINGERPRINTS: PRINTS LIFTED: OTHER SERVICES RENDERED/EVIDENCE COLLECTED:At 1926 hrs, I received from Technician Jerry Stacy $1,293.00 in US currency in the following denomination. 10- $100.00, 2- $50.00, 9- $20.00, 1- $10.00, 3- $3.00. This money was received in the Identification Section then transported to the Tampa Police Department Impound lot and entered as evidence with Clerk Males. H.C. Bush, 550 M. Peoples
TECHNICIAN: SUPERVISOR:OTHER RELATED DETAILS Use of Force Details
Use of Force InformationDate occurred : May-05-2003 (Mon.)
Time occurred : 1330
Location : 1701 BUSCH BL E
Nature of contact : Arrest
Reason : Necessary to Effect Arrest
Subjects present : 2
Subject's conduct :
Compliance
Subject's resistance:
Compliance
Level of force or control used:
Handouffs
Effects of Force Used
On subject : No Complaint of Injury
Rendered unconscious : N
Treatment : No Treatment Necessary
Transported to : Jail
On police : No Complaint of Injury
Remarks :
THE DEF. WAS ARRESTED FOR ARMED ROBBERY, KIDNAPING POSS. COCAINE MARIJUANA
Officers Involved
Reporting officer : SPIRK, MICHAEL J
Date reported : May-05-2003 (Mon.)
Supervisor Information
Supervisor notified: CANGELOSI, ANTHONY W (Retired)
Date notified : May-05-2003 (Mon.)
Time notified : 1430
Responded : Y
Follow Up Report(s)
Follow Up # 1
Assignment Information
Assigned to 05143 — ROO, GARY J (Retired) Rank: Detective
Capacity: Investigate/Case Manager
Assigned on May-07-2003 (Wed.) 1133 by 23512 — PRICHER, WINSTON D
Report due on Jun-06-2003 (Fri.)
Submission Information
Submitted on Jun-04-2003 (Wed.) 1021
Checked by : 14617 — FOX, CHRISTOPHER L (Retired)
Approved on Jun-04-2003 (Wed.) by 14617 — FOX, CHRISTOPHER L (Retired)
Follow Up completed : YES
Clearance Information
General Information
Agency: TPD
Cleared status: Cleared by Arrest — Adult
Cleared on Jun-04-2003 (Wed.) by 05143 — ROO, GARY J (Retired)
Approved by 14617 — FOX, CHRISTOPHER L (Retired)
Related Property Report
Report Information
Report Number : 893181
Property case status : EVIDENCE/HELD
Submitted on May-05-2003 (Mon.) by STACY, JERRY
Authority for disposal : ROO, GARY J (Retired)
Offense : GO 2003-194775
General remarks : NEWTON, RICHARD
Related items : 3
Firearms — Evidence
Status: EVID/HLD
Tag #: 893181-1 BEST, THE Pistol Revolver TITAN TIGER 38 #:N007919 FIE 38CAL REVOLVER d *e
Make: Item: Type: Model #: Calibre: Barrel Length: Finish: Ser. OAN: Value: Description: Serial # Obliterated: Restored: How removed: Recovered Date: Recovered Value: Recovered Location: Flags: Firearms — EvidenceStatus: EVID/HLD
Tag #: 893181-2
Make: COLT Pistol Semi-Auto GOLD CUP TROPHY 45 #:GCT12205 COLT 45CAL SEMI AUTO d *e
Item: Type: Model #: Calibre: Barrel Length: Finish: Ser. OAN: Value: Description: Serial # Obliterated: Restored: How removed: Recovered Date: Recovered Value: Recovered Location: Flags: Miscellaneous — EvidenceDescription: 32/45CAL RDS, 1 COLT MAGAZINE, 5/38CAL RDS
Status: EVID/HLD
Tag #: 893181-3
Recovered Date:
Recovered Location: 32/45CAL RDS 1 COLT MAGAZINE 5/38CAL RDS d *e
Item: Value: Qty: Item: Value: Qty: Item: Value: Qty: Flags: Report Number : 893216Property case status : EVIDENCE/HELD
Submitted on May-05-2003 (Mon.) by STACY, JERRY
Authority for disposal : ROO, GARY J (Retired)
Offense : GO 2003-194775
General remarks : NEWTON, RICHARD 6/19/66
Related items: 1
Securities — Evidence
Status: EVID/HLD
Tag #: 893216-1
Type: United States Currency (Non-NCIC)
Denomination Number Value
$1000:
$100:
$50:
$20:
$10:
$5:
$2:
$1:
Half dollars:
Quarters:
Dimes:
Nickels:
Pennies: US UNKNOWN $1293.00 IN US CURRENCY d *e
_________ Denomination: 1,293.00 Value: Country/Issuer: Year Issued: Ser. #1: Ser. #2: Description: Recovered Date: Recovered Value: Recovered Location: Flags: Report Number : 893259Property case status : EVIDENCE/HELD
Submitted on May-05-2003 (Mon.) by MONTAGUE, MARK I
Authority for disposal : ROO, GARY J (Retired)
Offense : GO 2003-194775
General remarks : MOBLEY, EURYIA 12/24/74
Related items : 5 Drugs — Evidence EVID/HLD 893259-1 Crack Cocaine Rock GM BAGGIE W/7 ROCKS d *e Drugs — Evidence EVID/HLD 893259-2 Cocaine-All Forms Except Crack Powder 0.00 GM BAGGIE W/POWDER COCAINE d *e Drugs — Evidence EVID/HLD 893259-3 Marijuana Plant 0.00 GM MARIJUANA d *e Drugs — Evidence EVID/HLD 893259-4 Cocaine-All Forms Except Crack Other 0.00 RS SMALL BAGGIES W/COCAINE RESIDUE d *e Miscellaneous — Evidence BLUE SCREEN EVID/HLD 893259-5 BLUE SCREEN d *e
Status: Tag #: Name: Form: Quantity: 0.00 Unit: Value: Description: Recovered Date: Recovered Value: Recovered Location: Flags: Status: Tag #: Name: Form: Quantity: Unit: Value: Description: Recovered Date: Recovered Value: Recovered Location: Flags: Status: Tag #: Name: Form: Quantity: Unit: Value: Description: Recovered Date: Recovered Value: Recovered Location: Flags: Status: Tag #: Name: Form: Quantity: Unit: Value: Description: Recovered Date: Recovered Value: Recovered Location: Flags: Description: Status: Tag #: Recovered Date: Recovered Location: Item: Value: Qty: Flags:Report Number : 893270
Property case status : STOLEN
Submitted on May-05-2003 (Mon.) by SPIRK, MICHAEL J
Authority for disposal : ROO, GARY J (Retired)
Offense : GO 2003-194775
Location : 1701 BUSCH BL E
Municipality : Tampa
District : 2 Beat: D10 Grid: 30
Related items : 2
Securities
Status: STOLEN
Tag #: — United States Currency (Non-NCIC) UNKNOWN May-05-2003 $700.00
Type: Denomination Number Value $1000: $100: $50: $20: $10: $5: $2: $1: Half dollars: Quarters: Dimes: Nickels: Pennies: __________ Denomination: 700.00 Value: 700.00 Country/Issuer: US Year Issued: Ser. #1: Ser. #2: Description: Recovered Date: Recovered Value: Recovered Location: Flags: MiscellaneousDescription:
Status: STOLEN
Tag #: —
Recovered Date:
Recovered Location:
Flags:
Related Arrest Report: AB# 2003-03026084
Arrestee: MOBLEY, EURYIA DIABLO
Date of birth: Dec-24-1974
Arrest Information
Status : Incarcerated (Jail)
Type of arrest : Taken into Custody/Booked
Reason for arrest : Felony
Arrest date : May-05-2003 (Mon.) 1330
Arrest agency : Tampa Police Department
Arresting officers : 36174 — FORTUNATO, MICHAEL J 34045 — SPIRK, MICHAEL J
Summary of facts :
ARMED KIDNAPPING, ROBBERY, PS COCAINEE, PS CANNABIS, GRAND THEFT 3RD DE
Arrest Location
Address : 1701 BUSCH BL E
Municipality : Tampa
District : 2 Beat : D10 Grid: 30
File number : 2901010852
Other Agency Case ref# : 309965
Court officers : 34358 — BOYLE, DONNA C
Additional Arrest Information
Case screened : NO
Notify Victim on release: NO
Juvenile : NO
Diversion recommended : NO
Interpreter needed : NO
Rights given : NO
Marital status : Single
Mental exam required : NO
Statement taken : NO
Fingerprinted : YES Photo taken : YES
CD updated : YES
Family notified : NO by —
Lawyer called : NO Meal given : NO Coffee given : NO
Arrestee's occupation : LABORER
Detained : NO
Arrestee's occupation : LABORER
Related General Offense report(s)
2003-194775
Related CD#
336634
2003-195112
Related CD#
336634