Ronald Voelker Arrest Investigation

Office of Agricultural Law Enforcement ACISS Case Master Report 12-3217
Date Initiated 11/27/2012

Primary Information
Department: Division: Bureau: Region: Lead LEO: Type Of Case: Case Sub Type: Case Description: Total Time: Department of Agriculture and Consumer Serv. Office of Agricultural Law Enforcement - AgLaw Bureau of Investigative Services Investigative Region 1 Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) Theft / Vandalism Timber Theft Walton-Timber Theft-11/20/2012 79:00
Case Status
Case Status: Case Status Date: Disposition Code: Disposition Date: Dissemination: CLOSED 07/05/2013 SUBJECT(S) ARRESTED 07/05/2013 Closed Case
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Office of Agricultural Law Enforcement ACISS Investigative Report 12-3217

Report Date: 11/27/2012
Primary Information
Report Number: Report Date: Type Of Report: Description: Occurence From: Occurence To: Source Of Info: Source Reliability: Dissemination Code: Content Evaluation: Reporting LEO: Mileage: Approval Status: Approved Date: Approved By: 12-3217 11/27/2012 Investigative Walton-Timber Theft-11/20/2012 11/20/2012 08:00 12/27/2012 08:00 Citizen USUALLY RELIABLE Case Continuation CONFIRMED Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) 280 Approved 01/08/2013 Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)
Address #1 - LOCATION OCCURED #1 - 1651 Magnolia Rd

Primary Information Address: 1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America
Subject #1 - Assisting Agency #1 - DOF Chipola District

Primary Information Record Type: Subject Name: Juvenile: Related Addresses Address 715 W 15TH Street Dept of Forestry, Panama, FLORIDA 32401 , United States of America Relationship Business Address AGENCY DOF Chipola District No
Subject #2 - DOF Employee #1 - Bray, Rick

Primary Information Race: Record Type: Subject Name: Sex: Juvenile: WHITE PERSON Bray, Rick MALE No
Employment Information Occupation: DOF Forester
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Subject #3 - DOF Supervisor #1 - Smith, Bruce
Primary Information Race: Record Type: Subject Name: Sex: Juvenile: Residence Status: Residence Type: Personal Information US Citizen: Yes Employment Information Employed: Occupation: Yes Forestry Supervisor BLACK PERSON Smith, Bruce MALE No PERMANENT FLORIDA
Subject #4 - Manager #1 - Morgan, Josph, Lawrence

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Place Of Birth State: Related Addresses Address 289 S Bayshore Dr, Valparaiso, FLORIDA 32580 , United States of America Relationship Home Address WHITE PERSON Morgan, Josph, Lawrence MALE 09/30/1956 56 YEAR(S) No CALIFORNIA
Subject #5 - SUSPECT #1 - Voelker, Ronald, James Jr

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Place Of Birth State: WHITE PERSON Voelker, Ronald, James Jr MALE 11/28/1963 49 YEAR(S) No MARYLAND
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Subject #5 - SUSPECT #1 - Voelker, Ronald, James Jr - Continued
Related Addresses Address 1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America Relationship Home Address
Subject #6 - VICTIM #1 - Miller, Zelda, Burns

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Place Of Birth State: Related Addresses Address 315 Evergreen Ave, Niceville, FLORIDA 32578 , United States of America Relationship Home Address WHITE PERSON Miller, Zelda, Burns FEMALE 06/09/1934 78 YEAR(S) No IOWA
Record Status Information

Record Origination Operator: Record Origination Date: Last Update Operator: Last Update Date: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) 11/27/2012 10:58 Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement) 01/08/2013 11:52
Reporting LEO Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)
Date
Supervisor Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)
Date 7/8/2013
Narrative begins on the following page.
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Inv. Padgett, Office of Agricultural Law Enforcement, BIS, Region 1 ACISS#12-3217 On 11/20/2012, I received a complaint of a possible Timber Theft at 1651 Magnolia Rd. Walton County, Florida. (See attached) I contacted the property manager Mr. Joe Morgan and we set a meeting on 11/29/2012. On 11/29/2012 Florida Forest Service (FFS) Supervisor Bruce Smith, FFS Forester Rick Bray, and I met Mr. Morgan at the suspected location the theft occurred. We entered the property and found a large portion (approximately 14-15 acres) of the property had been clear cut. We found the remains of trees which based on our experience leads us to believe a timber crew removed the trees. We also saw the property just to the south which is occupied by Mr. Ronald J Voelker Jr. had erected a fence around a large portion of the cleared property. (See photos 1-3) FFS Forester Rick Bray agreed to conduct a survey of the timber on an adjoining acre so an estimate of the amount of timber removed could be determined. On 12/17/2012, I inquired with the Florida Forest Service to see if they had a survey crew and I was informed they do not have any licensed surveyors on staff. On 12/18/2012, I contacted Mr. Morgan and asked him to speak with the property owner about having a survey done to determine the precise acreage which was cleared. End of Report Investigation continues
Office of Agricultural Law Enforcement ACISS Investigative Supplement Report 12-3217/1

Primary Information
Report Number: Report Date: Type Of Report: Description: Occurence From: Occurence To: Source Of Info: Source Reliability: Dissemination Code: Content Evaluation: Reporting LEO: Mileage: Approval Status: Approved Date: Approved By: 12-3217/1 01/04/2013 Investigative Supplement Walton-Timber Theft-11/20/2012 01/04/2013 00:00 02/05/2013 00:00 Citizen USUALLY RELIABLE Recommend Case Closure CONFIRMED Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) 236 Approved 02/07/2013 Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)

Subject #1 - DOF Employee #1 - Wesley, Daniel

Primary Information Race: Record Type: Subject Name: Sex: Juvenile: WHITE Government Official Wesley, Daniel MALE No
Employment Information Occupation: DOF Blackwater Senior Forester
Related Addresses Address 6095 Old Bagdad Hwy., Milton, FLORIDA 32583 , United States of America Relationship Business Address

Primary Information Race: Record Type: Subject Name: Sex: WHITE PERSON Bray, Rick MALE
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Subject #2 - DOF Employee #2 - Bray, Rick - Continued
Primary Information - Continued Juvenile: No
Subject #3 - DOF Supervisor #1 - Smith, Bruce

Primary Information Race: Record Type: Subject Name: Sex: Juvenile: Residence Status: Residence Type: Personal Information US Citizen: Yes Employment Information Employed: Occupation: Yes Forestry Supervisor BLACK PERSON Smith, Bruce MALE No PERMANENT FLORIDA


Primary Information Race: Record Type: WHITE PERSON
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Primary Information - Continued Subject Name: Sex: Birth Date: Age: Juvenile: Place Of Birth State: Related Addresses Address 1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America Relationship Home Address Voelker, Ronald, James Jr MALE 11/28/1963 49 YEAR(S) No MARYLAND


Date
Date 7/8/2013
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Inv. Padgett, Office of Agricultural Law Enforcement, BIS, Region 1 ACISS#12-3217/1 On 01/08/2013, I attempted to make contact with Mr. Voelker at his residence to conduct an interview. I was unable to make contact with him at this time. On 01/10/2013, FFS Forester Daniel Wesley and I used aerial photos and ARC Map software to estimate 10 acres of timber had been cleared from Ms. Millers property without her permission. On 02/05/2013, I contacted FFS Forester Rick Bray to see when he was going to be able to conduct the timber cruise as requested to estimate the value of timber per acre. He told me he would be able to conduct the timber cruise on 02/13/2013. End of Report Investigation continues

Primary Information
Report Number: Report Date: Type Of Report: Description: Occurence From: Occurence To: Source Of Info: Source Reliability: Dissemination Code: Content Evaluation: Reporting LEO: Mileage: Approval Status: Approved Date: Approved By: 12-3217/2 02/07/2013 Investigative Supplement Walton-Timber Theft-11/20/2012 02/07/2013 13:00 03/12/2013 13:00 Citizen USUALLY RELIABLE Case Continuation CONFIRMED Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) 0 Approved 03/19/2013 Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)



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Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Place Of Birth State: Related Addresses Address 1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America Relationship Home Address WHITE PERSON Voelker, Ronald, James Jr MALE 11/28/1963 49 YEAR(S) No MARYLAND

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Place Of Birth State: Related Addresses Address Relationship WHITE PERSON Miller, Zelda, Burns FEMALE 06/09/1934 78 YEAR(S) No IOWA
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Subject #5 - VICTIM #1 - Miller, Zelda, Burns - Continued
Related Addresses - Continued Address 315 Evergreen Ave, Niceville, FLORIDA 32578 , United States of America Relationship Home Address

Date
Date 7/8/2013
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Inv. Padgett, Office of Agricultural Law Enforcement, BIS, Region 1 ACISS#12-3217/2 On 02/13/2013, FFS Forester Bray contacted me to cancel conducting the requested timber cruise due to a family matter. On 03/05/2013, FFS Forester Bray returned to district and made contact with me in regards to conducting the requested timber cruise. The timber cruise is scheduled for 03/14/2013 at 9:30am. End of Report Investigation continues.

Primary Information
Report Number: Report Date: Type Of Report: Description: Occurence From: Occurence To: Source Of Info: Source Reliability: Dissemination Code: Content Evaluation: Reporting LEO: Mileage: Approval Status: Approved Date: Approved By: 12-3217/3 03/13/2013 Investigative Supplement Walton-Timber Theft 03/13/2013 14:00 04/18/2013 13:00 Citizen USUALLY RELIABLE Case Continuation CONFIRMED Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) 417 Approved 04/22/2013 Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)



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Subject #5 - WITNESS #1 - Siler, Adam

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Related Addresses Address 4279 Walton Bridge Rd, Ponce De Leon, FLORIDA 32455 , United States of America Relationship Home Address WHITE PERSON Siler, Adam MALE 12/19/1946 66 YEAR(S) No
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Date
Date 7/8/2013
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Inv. Padgett, Office of Agricultural Law Enforcement, BIS, Region 1 ACISS#12-3217/3 On 03/14/2013, FFS Forester Rick Bray assisted by two FFS employees conducted a post-harvest timber valuation at Ms. Millers property. The purpose of this evaluation is to estimate the volume of timber destroyed and to estimate the monetary loss to Ms. Miller. I attempted to make contact with Mr. Voelker when I arrived on scene, but met with negative results. I took multiple photographs of the property which is owned by Ms. Miller. The photographs clearly show approximately 10 acres of her property has been clear cut and has been fenced in. The only access point is a gate located on Mr. Voelkers adjoining property and the land is being used as pasture for horses which belong to Mr. Voelker. (Photo#1-9). I was approached later in the day by Mr. Voelker once he had arrived home. He agreed to be interviewed and to have the interview recorded. Mr. Voelker stated during the interview that he had cleared the property. He stated he believed he had clear cut approximately 9 acres of Ms. Millers property. He stated he had only been able to purchase the house and 5 acres and the remaining 30 acres still belonged to Ms. Miller. He stated they had issues going on within the house which he did not believe they were told about when he purchased it, so he is getting an attorney to sue her for ownership of the remaining 30 acres. He stated he had done most of the work himself, but did not sell her timber or use a timber company. (Attached recording and transcription) Mr. Voelker sent me a copy of a contract for the purchase of the remaining 30 acres for 100,300 dollars. The contract is from May 21, 2009 and shows the contract expired 10 days after if financing or a cash payment was not received. (See attached) On 04/05/2013, I received the post-harvest valuation results from FFS Forester Bray. His valuation estimates a monetary loss of 8,599.80 in timber cleared from Ms. Millers property by Mr. Voelker. (See attached) On 04/16/2013, I met with Mr. Adam Siler and he provided me a sworn written statement as to the events he has witnessed. Mr. Siler states in November of 2010 he entered Ms. Millers property with her permission to hunt the land and found it was actively being cleared. He states approximately 2/3 of the property appeared to be cleared and the trees had been pushed up along the outer edge of the clearing. He states the activity had been recent because the trees still had green leaves on them. He states he could hear a tractor further in the back of the property still clearing the land as well. (See attached) Investigation continues.

Primary Information
Report Number: Report Date: Type Of Report: Description: Occurence From: Occurence To: Source Of Info: Source Reliability: Dissemination Code: Content Evaluation: Reporting LEO: Mileage: Approval Status: Approved Date: Approved By: 12-3217/4 04/18/2013 Investigative Supplement Walton-Timber Theft 04/18/2013 14:00 05/28/2013 10:00 Citizen USUALLY RELIABLE Case Continuation CONFIRMED Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) 120 Approved 05/29/2013 Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)



Primary Information Race: Record Type: Subject Name: WHITE PERSON Miller, Zelda, Burns
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Subject #2 - VICTIM #1 - Miller, Zelda, Burns - Continued
Primary Information - Continued Sex: Birth Date: Age: Juvenile: Place Of Birth State: Related Addresses Address 315 Evergreen Ave, Niceville, FLORIDA 32578 , United States of America Relationship Home Address FEMALE 06/09/1934 78 YEAR(S) No IOWA
Subject #3 - WITNESS #1 - Lambert, Kelly Michelle

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Related Addresses Address P.O. Box 612, Baker, LOUISIANA 70704 , United States of America Relationship Home Address WHITE PERSON Lambert, Kelly Michelle FEMALE 06/28/1958 54 YEAR(S) No
Subject #4 - WITNESS #2 - Masuga, Tracy C

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Related Addresses Address 6646 S Fundy Ct, Centennial, COLORADO 80016 , United States of America Relationship Home Address WHITE PERSON Masuga, Tracy C FEMALE 03/25/1960 53 YEAR(S) No

Record Origination Operator: Record Origination Date: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) 04/18/2013 14:19
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Record Status Information - Continued
Last Update Operator: Last Update Date: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement) 05/29/2013 10:33
Date
Date 7/8/2013
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Inv. Padgett, Office of Agricultural Law Enforcement, CIS, Region 1 ACISS#12-3217/4 On 04/21/2013, Ms. Tracy Masuga gave a sworn written statement, Masuga states in April of 2011 she and multiple family members went to the aforementioned property and found it had been cleared. Masuga states she saw downed trees and turned ground. Masuga states from the location of the house it was clear this was Ms. Millers property which was being cleared. (See attached statement) On 04/24/2013, I obtained a sworn recorded statement from Ms. Zelda Miller-Hurd. Miller-Hurd states in April of 2011she and multiple family members visited the aforementioned property and found it had been cleared. Miller-Hurd states she had been contacted first by Mr. Siler about the property being clear, but she was not sure of the date. Miller-Hurd states in May 2009 she sold Mr. Voelker the house and five acres, because he could not get financed at the time for all of the property. Miller-Hurd states Voelker later in 2009 attempted to purchase the remaining land, but that the contract fell through again. Miller-Hurd stated she had been contacted by numerous timber companies over the years about selling the timber on the property. Miller-Hurd stated she decided not to sell the timber because she believed the property would be more valuable with the timber still on it. (See attached statement) Miller Hurd- provided me copies of the contracts for the attempted sale of the aforementioned property. The documents she provided also include a release of the funds being held in escrow and a cancellation of the contract signed by her with her realtor. (See attached documents) On 05/06/2013, Ms. Kelly Lambert gave a sworn written statement, Lambert states she was contacted by her mother in April of 2011 about the aforementioned land being cleared. Lambert states she contacted Voelker by phone and Voelker made complaints about issues within the home not being disclosed during the purchase and then he told her he would not sue Miller-Hurd if they would meet his terms for the purchase of the land. (See attached statement) End of report / Investigation continues
Office of Agricultural Law Enforcement ACISS Arrest Supplement Report 12-3217/5

Primary Information
Report Number: Report Date: Type Of Report: Description: Occurence From: Occurence To: Source Of Info: Source Reliability: Dissemination Code: Content Evaluation: Reporting LEO: Mileage: Approval Status: Approved Date: Approved By: 12-3217/5 05/28/2013 Arrest Supplement Walton-Timber Theft 05/28/2013 11:00 06/18/2013 14:00 Citizen USUALLY RELIABLE Recommend Case Closure CONFIRMED Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) 190 Approved 07/05/2013 Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)

Subject #1 - Assisting Agency #1 - State Attorney - 1st Judicial Circuit

Primary Information Record Type: Subject Name: Juvenile: Related Addresses Address 190 Governmental Ctr, Pensacola, FLORIDA 32591 , United States of America Relationship Business Address AGENCY State Attorney - 1st Judicial Circuit No

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Place Of Birth State: WHITE PERSON Voelker, Ronald, James Jr MALE 11/28/1963 49 YEAR(S) No MARYLAND
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Related Addresses Address 1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America Relationship Home Address
Subject #3 - VICTIM #1 - Miller-Hurd, Zelda, Burns

Primary Information Race: Record Type: Subject Name: Sex: Birth Date: Age: Juvenile: Place Of Birth State: Related Addresses Address 315 Evergreen Ave, Niceville, FLORIDA 32578 , United States of America Relationship Home Address WHITE PERSON Miller-Hurd, Zelda, Burns FEMALE 06/09/1934 79 YEAR(S) No IOWA
Arrest #1 - Voelker, Ronald, James Jr

Primary Information Arrestee: Location: Arrest Type: Arrest Date/Time: Arresting LEO: Department: Division: Bureau: Region: Joint Arrest: Other Agency: Warrant Type: Charges Charge Grand Theft in the Second Degree Probable Cause Inv. Padgett, Office of Agricultural law Enforcement, CIS, Region 1 ACISS#12-3217/5 Statute 812.014(2)(a) UCR Class 0000 Charge Count 1 Voelker, Ronald, James Jr 752 Triple G Rd WARRANT 06/26/2013 18:44 Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement) Department of Agriculture and Consumer Serv. Office of Agricultural Law Enforcement - AgLaw Bureau of Investigative Services Investigative Region 1 Yes Walton County Sheriff's Office Arrest
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Arrest #1 - Voelker, Ronald, James Jr - Continued
Probable Cause - Continued On November 20, 2012, I began an investigation into a possible Timber Theft at 1651 Magnolia Rd. Walton County, Florida. The complaint was filed by Mr. Joe Morgan the realtor for Ms. Zelda Miller- Hurd's aforementioned property. On November 29, 2012 Florida Forest Service (FFS) Supervisor Bruce Smith, FFS Forester Rick Bray, and I met Mr. Joe Morgan (realtor) at the aforementioned address. We entered the property and found a large portion (approximately 14-15 acres) of Miller-Hurd's property had been clear cut. We also saw the property just to the south which is owned by Mr. Ronald J Voelker Jr. had erected a fence around a large portion of the cleared property and access to the fenced area could only be made from a gate located at Voelker's residence. On January 10, 2013, FFS Forester Daniel Wesley and I used aerial photos and ARC Map software which determined approximately 10 acres of timber had been cleared from Ms. Miller-Hurd's property without her permission. On March 14, 2013, FFS Forester Rick Bray assisted by two FFS employees conducted a post-harvest timber valuation at Ms. Miller-Hurd's property. I made contact with Voelker and he agreed to be interviewed and to have the interview recorded. During the interview, Voelker stated that he had begun clearing Miller-Hurd's property in June of 2009 and finished sometime in 2010. Voelker stated he believed he had clear cut approximately 9 acres of Ms. Miller-Hurd's property. Voelker stated he had only been able to purchase the house and 5 acres from Miller-Hurd and the remaining 30 acres still belonged to Miller-Hurd. Voelker stated he is talking to an attorney to sue for adverse possession of the property because he believes Miller-Hurd did not disclose issues with the home when he purchased it. Voelker stated he had done most of the clearing himself, but did not sell Miller-Hurd's timber or use a timber company. Aerial photographs on file with the Walton County Property Appraiser show the property was not cleared as of Oct. 2009, thus showing Voelker had not started clearing the property in June of 2009 as he stated in his interview. On April 05, 2013, I received the post-harvest valuation results from FFS Forester Bray. The valuation estimates a monetary loss of 8,599.80 in the timber cleared from Miller-Hurd's property by Voelker. On April 16, 2013, I met with Mr. Adam Siler and he provided me a sworn written statement as to the events he witnessed. Siler states in November of 2010 he entered Miller-Hurd's property with her permission to hunt the land and found it was actively being cleared. Siler states approximately 2/3 of the property appeared to be cleared and the trees had been pushed up along the outer edge of the clearing. Siler states the activity had been recent because the trees still had green leaves on them. Siler states he could hear a tractor further in the back of the property still clearing the land. On April 21, 2013, Ms. Tracy Masuga gave a sworn written statement, Masuga states in April of 2011 she and multiple family members went to the aforementioned property and found it had been cleared. Masuga states she saw downed trees and turned ground. Masuga states it was clear this was Miller-Hurd's property which was being cleared. On April 24 2013, I obtained a sworn recorded statement from Ms. Zelda Miller-Hurd. During the interview, Miller-Hurd states in April of 2011she and multiple family members visited the aforementioned property and found it had been cleared. Miller-Hurd states in May 2009 she sold Voelker the house and five acres, but due to financing issues experienced by Voelker she maintained ownership of 30 acres of woodlands abutting Voelker. Miller-Hurd states Voelker later in 2009 attempted to purchase the remaining land, but that the contract fell through again. Miller-Hurd stated she was contacted by Voelker about issues with the home purchase he felt she did not disclose and if she did not except his offer of $30,000 dollars for the remaining property still owned by Miller-Hurd or he would sue her. Miller-Hurd stated she had been contacted by numerous timber companies over the years about selling the timber on the property. Miller-Hurd stated she decided not to sell the timber because she believed the property would be more valuable with the timber still on it. Miller Hurd- provided me copies of the contracts for the attempted sale of the aforementioned property to Voelker. The listed purchase price on the documents is $60,000 dollars placing the value of the land per acre at $2000 dollars. The documents she provided also include a release of the funds being held in escrow and a cancellation of the contract signed by her with her realtor. On May 6, 2013, Ms. Kelly Lambert who has power of attorney for Miller-Hurd's property gave a sworn written statement. Lambert states she was contacted by Miller-Hurd in April of 2011 about the aforementioned land being cleared without their permission. Lambert states she contacted Voelker by phone and Voelker made complaints about issues within the home not being disclosed
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Arrest #1 - Voelker, Ronald, James Jr - Continued
Probable Cause - Continued during the purchase and then he told her he would not sue Miller-Hurd if they would meet his terms for the purchase of the remaining 30 acres of Miller-Hurd's property. Neither, Lambert nor Miller-Hurd has given permission to Voelker to clear or utilize this property even after being threatened by Voelker of a pending lawsuit. Based on the aforementioned contracts the estimated value of the land in which Miller-Hurd is being deprived of is $20,000 dollars and the value of the timber removed was $8,599.80 dollars for a total of $28,599.80 dollars.
I have probable cause to believe and do believe that Ronald Voelker did knowingly obtain or use, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property, a violation of Florida State Statute 812.0145 (2)(b) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.?
Arrest #1 - Voelker, Ronald, James Jr - Arrestee Details


Date
Date 7/8/2013
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Inv. Padgett, Office of Agricultural Law Enforcement, CIS, Region 1 ACISS#12-3217/5 On 06/14/2013, I submitted a probable cause affidavit to obtain an arrest warrant for Ronald Voelker through my chain of command. On 06/17/2013, the aforementioned probable cause affidavit was approved by my chain of command. I submitted the arrest warrant and affidavit for review by the State Attorneys Office 1st Judicial Circuit and they recommended an arrest warrant. I submitted the affidavit and arrest warrant to a circuit court judge in and for Walton County. He signed the arrest warrant and set no bond pending 1st appearance. On 06/26/2013, Voelker surrendered himself to the Walton County Sheriffs and the aforementioned warrant was served. End of Report / Recommend case closure
Mr Padgett Just in case your GPS or what ever does not show everything.
Dir:From Hwy 20, east of Freeport, turn north on Hwy 81. Proceed approximately 9 miles to Red Bay, at community center, turn left on Rock Hill Rd. Follow to Magnolia Rd. Less than 1 mile, you will see a driveway to your right with address sign for 1651 Magnolia. - That is the old Homestead for this property, direct property access from Magnolia Delineated with markers and sign. From the Ponce De Leon exit off of I-10, take Hwy 81 south to Red Bay and then follow above directions.
Joe Morgan Carriage Hills Realty 850 803-3500 - Cell morganh@fwbnet.com

From: Joe Morgan [mailto:morganh@fwbnet.com] Sent: Tuesday, November 20, 2012 3:41 PM To: 'daniel.williamson@freshfromflorida.com'; 'charles.padgett@freshfromFlorida.com' Cc: 'kelly'; 'Bray, Rick' Subject: Point of contacts / Exchange of information Re: Unauthorized Clearcut of Timber on Miller property, Walton Co, FL
All Thank-you so much for your quick follow-up on this matter! Just to review some of the basics and to extract some possibly unreadable info from initiating email at bottom of this message. Subject Property Walton Co Property ID 05-2N-17-05000-012-0020 30 acres 1/3+ cleared /harvested without permission Owner Complainant
MILLER, ZELDA C REVOCABLE TRST 315 EVERGREEN AVE NICEVILLE, FL 32578 Tel 850 729-0934 BUT please call daughter Kelly (below) first, she is handling the affairs of this property.
Power of Attorney to: Kelly Lambert (daughter) lambert.kellym@gmail.com 225 301-0516 I am representing her/ the owner/POA in the sale of the property Joseph L Morgan Carriage Hills Realty, Niceville FL 850 803-3500 morganh@fwbnet.com Of course, as appropriate since I am the one on the ground I would like to be ccd on significant communication.
VOELKER, RONALD J JR & MICHELLE 1651 MAGNOLIA RD PONCE DE LEON, FL 32455 05-2N-17-05000-012-0000
Adjacent Land Owner suspect/perpetrator
I have spoken to Kelly to let her know that you may be giving her a call/email Again Thank-you!
Joe Morgan Carriage Hills Realty 850 803-3500 morganh@fwbnet.com
Originating email:
From: Joe Morgan [mailto:morganh@fwbnet.com] Sent: Friday, November 16, 2012 1:57 PM To: feffery.floyd@freshfromflorida.com; glenn.kramer@freshfromflorida.com; jeffery.floyd@freshfromflori da.com; Rick.Bray@freshfromflorida.com Cc: Goff, John; morganh@fwbnet.com Subject: RE: Walton County -
Jeff/Glenn/Rick I am representing an elderly lady in the sale of her property ~30 acres in Walton County, FL - near Red Bay. I hope I am on the right track in contacting you, I have relatives in the AL forestry commission, and after discussing the case described below, thought it might be something at least be something to pursue, or ask some knowledgeable folks in our area(and was given your contact info) The situation is that the adjoining land owner has clear-cut a good portion of her property. The adjacent landowner bought the adjoining homestead property (only), in 2009. See attached photo: ~ Current
Previous 2008 picture below, 2010 picture same in timber but 2008 picture was better.
Of course, the owners are upset. When I looked at the property, (entering from the Northwest side), I found many trees simply felled, and it was hard to discern what harvesting (if any) took place. On the remainder of the cleared site most of the trees have been removed/ burned?
Some of the trees that were left were of some size
Equipment tracks all lead to and from the adjacent land owners property. One of the interesting parts of this saga is: When the adjacent land owner was questioned he stated that a portion of the clearing was completed by the FL Forestry for fire lanes. Something which I highly doubt. both by method, size and extent, and the fact that the current owner was not notified. Anyway, The question is there any way you can assist the landowner in evaluating the damage? This is the most important question even if ball-park. And if within your purview seek criminal / civil recourse? And if not maybe point us in the right direction of who to contact? Best Regards Joe Morgan Carriage Hills Realty 850 803-3500 morganh@fwbnet.com
From: Goff, John [mailto:John.Goff@forestry.alabama.gov] Sent: Friday, November 16, 2012 9:52 AM To: morganh@fwbnet.com Subject: FW: FL contacts
John Goff Forest Operations Assistant Division Director Alabama Forestry Commission 513 Madison Ave. Montgomery, Al 36104-3631 Office: 334-240-9354 Cell: 334-850-0101 SL: 1*138*501
Visit GoodFIRES.org to learn more about prescribed burning. Take a forest break . . . VisitMyForest.org
From: Hill, Craig Sent: Friday, November 16, 2012 8:33 AM To: Goff, John Subject: FL contacts John: Jeff Floyd: feffery.floyd@freshfromflorida.com Glenn Kramer: glenn.kramer@freshfromflorida.com Hope these guys can help. Craig
Page |1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Case # 12-3217 1651 Magnolia Rd. Primary Subject: Ronald Voelker Audio Statement 03/14/2013 This interview is being conducted with Mr. Voelker uh Magnolia Road, Walton County Florida. Alright Mr. Voelker you understand at this time youre not under arrest. This is just a preliminary investigation. Youre not under arrest, youre free to leave at any time. You have the right to have an attorney present, all that stuff, alright? Voelker - Alright. Padgett You understand? Voelker - Yes. Padgett Okay and at this time are you invoking any of those rights that you have the right to have? Voelker Not yet. Padgett Okay. Alright if you would, just tell me whats going on out here? Uh with these, this land thats been cleared. Voelker Uh were in, were having this uh an issue with the uh property owner whom we bought the property from. Padgett Okay, okay the five acres that you bought or the thirty acres that they still own? Voelker Both. Padgett Okay whats the issue? Voelker Well the property that, the five acres that we have uh, that we currently own is were having an issue with the house that they first of all sold us and that they ended up building and did not inform us of problems with the house which obviously you know is, is uh is, is a legal issue at this point. And we actually, we do have the rest of the property technically is still under contract with us. In fact, there is still money being held concerning the property. Padgett Okay whose that being held with? Voelker Uh Padgett Just one second. 1
Page |2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Voelker Its currently being uh kept by, in escrow by Mitchell Land and Title in DeFuniak Springs. Padgett Mitchell Land and Title? Okay, is the property owner aware of that? Voelker Yes. Padgett Okay. Voelker Absolutely. Padgett Okay. But at this time you do not legally own the property, that thirty acres? Voelker Correct. Padgett Okay. Uh, so did you clear cut that property? Voelker Yes. Padgett Okay, did you do the work yourself or hire a timber company or a clear, land clearing company? Voelker I did most of it myself. Padgett Okay. Most of it.who did the rest of it? Voelker I had uh a couple of different individuals come in and help me with root raking and some other uh.. Padgett Any timber companies? Voelker No, no timber companies. Padgett No sale of timber? Voelker No sale of timber. Padgett Okay, alright. Not a problem. Uh, how much of that property that you cleared do you believe is your property? Not their property. Voelker Um Padgett Because right now were estimating ten acres of their property cleared and about one of yours. Voelker I would say that is probably closer to two acres of mine and I, I could probably figure it out. Padgett So about nine of theirs? Voelker About nine of theirs. 2
Page |3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Padgett Okay, alright. Voelker And keep in mind this was done while the property, while we were still uh what happened was is that we originally had the entire property under contract. Padgett Okay. Voelker And because of financing and stuff like that, we had to take five acres out to appease the bank and so forth and so on and the rest of the property was under contract uh pending financing and stuff like that. And during that time is when all this happened. Padgett Okay. Uh what months did you clear that property? Voelker I started June, June it took me, obviously it took me a while. Padgett June of 2012 or 2011? Voelker No, try 2008. Padgett 08? Cause our ariels from google are showing. Voelker Nine, nine I think we bought the property in nine. Padgett Okay so you bought that property in nine, when did you Voelker Start clearing it in Padgett Started clearing it? Voelker I started clearing in June. Padgett June of 09. Voelker Yes. Padgett Okay and when did you finish? Voelker Uh 2010, I couldnt tell you exactly when. I want to say it was Padgett Cause I have google arial photos that show a big change in the property 011 to 012. Voelker uh huh, that was before that. Padgett So, well.. Voelker The grass is older than that. Padgett The google maps are time stamped and dated, so uh, uh so Voelker What is the issue..I mean what, let me ask you a question. What is the complaint? 3
Page |4 1 2 3 4 5 6 7 8 9 10 11 Padgett The complaint is that you cleared their timber, which to them holds monetary value. Uh which it does. Uh timber, even though its not row pines, all this hardwood does hold monetary value. Voelker And keep in mind, at this point uh after talking to my attorney we are pursuing adverse possession. Padgett Okay, thats fine. Alright, thats basically all the questions I got. Voelker Okay. Padgett Alright, that concludes the interview. END OF STATEMENT Transcribed by Susie Mathis
Page |1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Case # 12-3217 315 Evergreen Ave. Niceville, FL. Primary Subject: Zelda Miller-Hurd Audio Statement 04/24/2013 This interview is being conducted at 315 Evergreen Avenue, Niceville, Florida with Ms. Zelda Miller Hurd. This is in reference to ACISS Case Number 12-3217; Destruction of Timber, Exploitation of the Elderly involving suspect Ronald Voelker. Padgett Ms. Miller Hurd will you please state your name for the record? Z. Hurd My name is Zelda Miller Hurd. Padgett Okay. Do you swear and affirm the statement you are about to give me is true and correct? Z. Hurd I do. Padgett Okay. If you would just start uh if you could, at the beginning of when all this occurred with Mr. Voelker. Z. Hurd Um he purchased uh the house and five acres because at the last minute uh his bank would not loan him the full amount. Padgett Okay do you recall what year that was? Z. Hurd That was uh four years ago which is what, uh? Padgett May of 2009, sound right? Z. Hurd Yes, uh huh. Padgett Okay. Z. Hurd Cause our closing was like May 21st. Padgett Okay. Z. Hurd Of Mayum uh, I settled into my new home and Im not sure at what point uh Mr. Voelker left calling card for me to call him. And at that time um he um said I didnt declare something about the dryer vent and that in order to correct that he was going to have to spend thirty thousand dollars on a room for his washer and dryer. And that if I did accept his proposal of thirty thousand dollars he was going to sue me by the first of the month. Padgett Okay. Uh now your land, lets get to the land. 1
Page |2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Z. Hurd Okay. Padgett Uh when were you contacted and told that the land was being cleared by Mr. Voelker that does not belong to Mr. Voelker, that belongs to you. Z. Hurd I wasnt contacted um mytwo years ago about this time of the uh of April my family was visiting and my younger son who was living with me at the time, we all went up to the remaining Z. Hurd, cont - property just to walk the land and uh see what it looked like. So we were walking along the land parallel to which Mr. Voelker had, had bought and my son who really grew up walking the land with his dad and knows the property well, he could see that Mr. Voelker had or someone had cleared land, cleared trees on my remaining property. Uh Padgett You said that was about April or May of 2011? Z. Hurd Yes. Padgett Okay. Z. Hurd And ityes, that would have.either been the very last part of April or the very first part of May. Padgett Okay. Z. Hurd Two years ago. Padgett Okay. Z. Hurd Yeah. Padgett Uh were you ever contacted by Mr. Siler, a gentleman who hunts your land? Z. Hurd Yes I was, I was and, and uh this is an old friend of mine that did a lot of handy man jobs for me after my late husband passed away and he was concerned. I had given him permission to hunt every year on my remaining property and he actually drew up diagrams and sent them to me and, but I felt like this was information I already knew. Padgett Uh huh Z. Hurd Um Padgett Did he let you know the property was being cleared? Because he has given me a statement saying he did. Z. Hurd He did, he did. Padgett Do you recall when that was? Z. Hurd Um 2
Page |3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Padgett Cause I think he Z. Hurd Probably two years ago but.. Padgett Yeah that would be ______________ Z. Hurd Uh I cant tell you the exact time. Padgett Okay. Z. Hurd Okay? Padgett Thats fine. But he contacted you first, is that correct? Z. Hurd Yes. Padgett Okay. Z. Hurd Yes. Padgett To let you know the property had been cleared and he, did he tell you if it looked like it just happened or anything like that? If it was new clearing? Z. Hurd Now that I dont remember. Padgett Okay, thats fine. Uh, lets see....and when yall went for closing on the, when he originally tried to purchase this property uh hes claiming that theres still a thousand dollars being held in trust. And he claims that you never signed the paperwork to allow that thousand dollars to be returned to him. Is that correct or not/ Z. Hurd My understanding was that he never signed a release.. Padgett Okay. Z. Hurd - .for me to get my money back. Cause my understanding was if the deal fell through, which as far as Im concerned it fell through. He was only able to buy five acres with the house. Padgett But we, was there a separate contract after that for him to purchase the thirty or thirty-five, I guess its thirty acres? Because I, hes provided me and Mitchell Title, I guess has provided me a contract that shows him attempting to purchase I guess like a week after the closing on the house and the five acres. Z. Hurd I have paperwork from that title company. Padgett Okay. Z. Hurd - .myself, and if you wish to look at it Padgett Yeah if I could, yeah. Uh well finish the interview before I look at the paperwork. 3
Page |4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Z. Hurd Okay. Padgett Uh Z. Hurd I was confused at that time because I thought, Oh hes not getting uh all of the property, I guess I should get that money back, that earnest money. Padgett Okay, how much earnest money did you have to put up? Z. Hurd I dont think I had to put any. Padgett Yeah. Z. Hurd I mean hes the one that Padgett He puts up a thousand. Z. Hurd He puts up a thousand. I put up two thousand for his house. Padgett But the conthe contract states, and thats why Im wondering, it says if the deal falls through that both of you have to sign a release and then hell be refunded his thousand dollars because hes the one that put the money up. Z. Hurd Okay well maybe I misunderstood how that works. Padgett Okay, thats fine. Not a problem. Yeah. Z. Hurd I truly dont understand all that ___ okay? Padgett Thats fine, okay. And do you know roughly how many acres hes cleared? Z. Hurd Um no but I would guess about half of the remaining property which is I think .. Padgett So somewhere Z. Hurd - .twenty-nine acres so I would say fourteen and a half acres. Padgett I think its a little over twenty uh its almost thirty acres. Z. Hurd Uh huh Padgett I guess from the property appraiser. Z. Hurd Uh huh. Padgett Uh do you know how much each acre is worth individually? Z. Hurd No I wish I did as far as for selling purposes, you mean?
Page |5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Padgett Yes maam. Yeah as far as what, what the market value is. Do you have any estimates or have you been provided an estimate or anything? Z. Hurd I dont and Ive been tempted to call another realtor to see what the going price is. Padgett Okay, not a problem. And it, have you ever considered, were you ever going to sell that timber or at any point did you think about selling that timber for monetary? Z. Hurd Years ago before I put the place up for sale, a neighbor David Morris who at that time lived across the way from me or he had a big land, um he was in the business of clear cutting and he walked my property with me and he advised me at that time if you were going to be selling at any time in the next five years, I would not clear cut. Padgett Uh huh Z. Hurd And so I chose not to think about selling it. If I could have selectively had trees removed so that the place didnt look like a graveyard of trees um I might have done that. But I really dismissed that because I felt like the land was more valuable. Padgett With the timber still on it. Z. Hurd - .with the timber still on it, uh huh Padgett But you had contemplated selling that timber? Z. Hurd I had, yes. Padgett Yeah. Z. Hurd In fact, I got an offer yesterday from, thats um. G. Hurd - ______ timber, it wasnt an offer it was, it was just wanted to know if you wanted to sell.. Z. Hurd Right. G. Hurd - the timber on it. Z. Hurd Uh huh Padgett Okay. And if you would state your name for the record, sir? G. Hurd Gordon Herd. Padgett Gordon Herd, okay. And, but a timber company showed interest in Z. Hurd Yes they did. Padgett - ..purchasing your timber? 5
Page |6 1 2 3 4 5 6 7 8 9 10 11 12 13 Z. Hurd Uh huh Padgett Okay. Z. Hurd And I had actually gotten letters previously. Padgett Yeah. Z. Hurd Asking me if I was interested. Padgett Okay. Thats all the questions I have. Is there anything else that you feel that should be placed on record? Z. Hurd Gordon, what do you think? Padgett Ah I do have one additional question. Uh, since Mr. Voelkers made the accusation that your realtor has contacted him since I spoke with him, have you directed your realtor to make any contact with him? Z. Hurd No. Padgett Okay. Thats what I need to know. Thank you. That concludes this interview.

Ronald Voelker Arrest Investigation

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Office of Agricultural Law Enforcement ACISS Case Master Report 12-3217

Date Initiated 11/27/2012

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Report 12-3217

Address #1 - LOCATION OCCURED #1 - 1651 Magnolia Rd

Subject #1 - Assisting Agency #1 - DOF Chipola District

Subject #2 - DOF Employee #1 - Bray, Rick

Employment Information Occupation: DOF Forester

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Report 12-3217

Subject #4 - Manager #1 - Morgan, Josph, Lawrence

Subject #5 - SUSPECT #1 - Voelker, Ronald, James Jr

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Report 12-3217

Subject #6 - VICTIM #1 - Miller, Zelda, Burns

Record Status Information

Narrative begins on the following page.

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Supplement Report 12-3217/1

Address #1 - LOCATION OCCURED #1 - 1651 Magnolia Rd

Subject #1 - DOF Employee #1 - Wesley, Daniel

Employment Information Occupation: DOF Blackwater Senior Forester

Subject #2 - DOF Employee #2 - Bray, Rick

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Supplement Report 12-3217/1

Employment Information Occupation: DOF Forester

Subject #3 - DOF Supervisor #1 - Smith, Bruce

Subject #4 - Manager #1 - Morgan, Josph, Lawrence

Subject #5 - SUSPECT #1 - Voelker, Ronald, James Jr

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Supplement Report 12-3217/1

Subject #6 - VICTIM #1 - Miller, Zelda, Burns

Record Status Information

Narrative begins on the following page.

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Supplement Report 12-3217/2

Address #1 - LOCATION OCCURED #1 - 1651 Magnolia Rd

Subject #1 - Assisting Agency #1 - DOF Chipola District

Subject #2 - DOF Employee #1 - Bray, Rick

Employment Information Occupation: DOF Forester

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Supplement Report 12-3217/2

Subject #4 - SUSPECT #1 - Voelker, Ronald, James Jr

Subject #5 - VICTIM #1 - Miller, Zelda, Burns

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Supplement Report 12-3217/2

Record Status Information

Narrative begins on the following page.

mathiss 07/08/2013 09:17

ACISS software licensed by Office of Agricultural Law Enforcement

Office of Agricultural Law Enforcement ACISS Investigative Supplement Report 12-3217/3

Address #1 - LOCATION OCCURED #1 - 1651 Magnolia Rd

Subject #1 - Assisting Agency #1 - DOF Chipola District

Subject #2 - DOF Employee #1 - Bray, Rick