Ronald Voelker arrest investigation

Office of Agricultural Law EnforcementACISS Case Master Report 12-3217

Date Initiated 11/27/2012

Primary InformationDepartment: Department of Agriculture and Consumer Serv.Division: Office of Agricultural Law Enforcement - AgLawBureau: Bureau of Investigative ServicesRegion: Investigative Region 1Lead LEO: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Type Of Case: Theft / VandalismCase Sub Type: Timber TheftCase Description: Walton-Timber Theft-11/20/2012Total Time: 79:00

Case StatusCase Status: CLOSEDCase Status Date: 07/05/2013Disposition Code: SUBJECT(S) ARRESTEDDisposition Date: 07/05/2013Dissemination: Closed Case

mathiss 07/08/2013 09:17 ACISS software licensed by Office of Agricultural Law Enforcement Page 1 of 1

Office of Agricultural Law EnforcementACISS Investigative Report 12-3217

Report Date: 11/27/2012

Primary InformationReport Number: 12-3217Report Date: 11/27/2012Type Of Report: InvestigativeDescription: Walton-Timber Theft-11/20/2012Occurence From: 11/20/2012 08:00Occurence To: 12/27/2012 08:00Source Of Info: CitizenSource Reliability: USUALLY RELIABLEDissemination Code: Case ContinuationContent Evaluation: CONFIRMEDReporting LEO: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Mileage: 280Approval Status: ApprovedApproved Date: 01/08/2013Approved By: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)

Address #1 - LOCATION OCCURED #1 - 1651 Magnolia RdPrimary Information

Address: 1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America

Subject #1 - Assisting Agency #1 - DOF Chipola DistrictPrimary Information

Record Type: AGENCYSubject Name: DOF Chipola DistrictJuvenile: No

Related AddressesAddress Relationship715 W 15TH Street Dept of Forestry, Panama, FLORIDA 32401 , United States of America Business Address

Subject #2 - DOF Employee #1 - Bray, RickPrimary Information

Race: WHITERecord Type: PERSONSubject Name: Bray, RickSex: MALEJuvenile: No

Employment InformationOccupation: DOF Forester




Subject #3 - DOF Supervisor #1 - Smith, BrucePrimary Information

Race: BLACKRecord Type: PERSONSubject Name: Smith, BruceSex: MALEJuvenile: NoResidence Status: PERMANENTResidence Type: FLORIDA

Personal InformationUS Citizen: Yes

Employment InformationEmployed: YesOccupation: Forestry Supervisor

Subject #4 - Manager #1 - Morgan, Josph, LawrencePrimary Information

Race: WHITERecord Type: PERSONSubject Name: Morgan, Josph, LawrenceSex: MALEBirth Date: 09/30/1956Age: 56 YEAR(S)Juvenile: NoPlace Of Birth State: CALIFORNIA

Related AddressesAddress Relationship289 S Bayshore Dr, Valparaiso, FLORIDA 32580 , United States of America Home Address

Subject #5 - SUSPECT #1 - Voelker, Ronald, James JrPrimary Information

Race: WHITERecord Type: PERSONSubject Name: Voelker, Ronald, James JrSex: MALEBirth Date: 11/28/1963Age: 49 YEAR(S)Juvenile: NoPlace Of Birth State: MARYLAND




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

Address Relationship1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America Home Address

Subject #6 - VICTIM #1 - Miller, Zelda, BurnsPrimary Information

Race: WHITERecord Type: PERSONSubject Name: Miller, Zelda, BurnsSex: FEMALEBirth Date: 06/09/1934Age: 78 YEAR(S)Juvenile: NoPlace Of Birth State: IOWA

Related AddressesAddress Relationship315 Evergreen Ave, Niceville, FLORIDA 32578 , United States of America Home Address

Record Status InformationRecord Origination Operator: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Record Origination Date: 11/27/2012 10:58Last Update Operator: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)Last Update Date: 01/08/2013 11:52

Reporting LEO Date Supervisor DatePadgett, Charles Inv. (InvestigativeRegion 1 / Office of Agricultural LawEnforcement)

Williamson, Daniel Lt. (InvestigativeRegion 2 / Office of Agricultural LawEnforcement)

7/8/2013

Narrative begins on the following page.


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. JoeMorgan and we set a meeting on 11/29/2012.

On 11/29/2012 Florida Forest Service (FFS) Supervisor Bruce Smith, FFS ForesterRick Bray, and I met Mr. Morgan at the suspected location the theft occurred. Weentered the property and found a large portion (approximately 14-15 acres) of theproperty had been clear cut. We found the remains of trees which based on ourexperience leads us to believe a timber crew removed the trees. We also saw theproperty just to the south which is occupied by Mr. Ronald J Voelker Jr. had erected afence around a large portion of the cleared property. (See photo’s 1-3)

FFS Forester Rick Bray agreed to conduct a survey of the timber on an adjoining acreso 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 surveycrew 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 propertyowner about having a survey done to determine the precise acreage which was cleared.

End of Report

Investigation continues

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


Primary InformationReport Number: 12-3217/1Report Date: 01/04/2013Type Of Report: Investigative SupplementDescription: Walton-Timber Theft-11/20/2012Occurence From: 01/04/2013 00:00Occurence To: 02/05/2013 00:00Source Of Info: CitizenSource Reliability: USUALLY RELIABLEDissemination Code: Recommend Case ClosureContent Evaluation: CONFIRMEDReporting LEO: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Mileage: 236Approval Status: ApprovedApproved Date: 02/07/2013Approved By: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)



Subject #1 - DOF Employee #1 - Wesley, DanielPrimary Information

Race: WHITERecord Type: Government OfficialSubject Name: Wesley, DanielSex: MALEJuvenile: No

Employment InformationOccupation: DOF Blackwater Senior Forester

Related AddressesAddress Relationship6095 Old Bagdad Hwy., Milton, FLORIDA 32583 , United States of America Business Address


Race: WHITERecord Type: PERSONSubject Name: Bray, RickSex: MALE




Subject #2 - DOF Employee #2 - Bray, Rick - ContinuedPrimary Information - Continued

Juvenile: No


Subject #3 - DOF Supervisor #1 - Smith, BrucePrimary Information

Race: BLACKRecord Type: PERSONSubject Name: Smith, BruceSex: MALEJuvenile: NoResidence Status: PERMANENTResidence Type: FLORIDA

Personal InformationUS Citizen: Yes

Employment InformationEmployed: YesOccupation: Forestry Supervisor





Race: WHITERecord Type: PERSON




Subject #5 - SUSPECT #1 - Voelker, Ronald, James Jr - ContinuedPrimary Information - Continued

Subject Name: Voelker, Ronald, James JrSex: MALEBirth Date: 11/28/1963Age: 49 YEAR(S)Juvenile: NoPlace Of Birth State: MARYLAND

Related AddressesAddress Relationship1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America Home Address







7/8/2013




ACISS#12-3217/1

On 01/08/2013, I attempted to make contact with Mr. Voelker at his residence toconduct 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 Mapsoftware to estimate 10 acres of timber had been cleared from Ms. Miller’s propertywithout her permission.

On 02/05/2013, I contacted FFS Forester Rick Bray to see when he was going to beable 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 InformationReport Number: 12-3217/2Report Date: 02/07/2013Type Of Report: Investigative SupplementDescription: Walton-Timber Theft-11/20/2012Occurence From: 02/07/2013 13:00Occurence To: 03/12/2013 13:00Source Of Info: CitizenSource Reliability: USUALLY RELIABLEDissemination Code: Case ContinuationContent Evaluation: CONFIRMEDReporting LEO: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Mileage: 0Approval Status: ApprovedApproved Date: 03/19/2013Approved By: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)




















Related AddressesAddress Relationship




Subject #5 - VICTIM #1 - Miller, Zelda, Burns - ContinuedRelated Addresses - Continued

Address Relationship315 Evergreen Ave, Niceville, FLORIDA 32578 , United States of America Home Address




7/8/2013




ACISS#12-3217/2

On 02/13/2013, FFS Forester Bray contacted me to cancel conducting the requestedtimber cruise due to a family matter.

On 03/05/2013, FFS Forester Bray returned to district and made contact with me inregards to conducting the requested timber cruise. The timber cruise is scheduled for03/14/2013 at 9:30am.

End of Report

Investigation continues.



Primary InformationReport Number: 12-3217/3Report Date: 03/13/2013Type Of Report: Investigative SupplementDescription: Walton-Timber TheftOccurence From: 03/13/2013 14:00Occurence To: 04/18/2013 13:00Source Of Info: CitizenSource Reliability: USUALLY RELIABLEDissemination Code: Case ContinuationContent Evaluation: CONFIRMEDReporting LEO: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Mileage: 417Approval Status: ApprovedApproved Date: 04/22/2013Approved By: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)


















Subject #5 - WITNESS #1 - Siler, AdamPrimary Information

Race: WHITERecord Type: PERSONSubject Name: Siler, AdamSex: MALEBirth Date: 12/19/1946Age: 66 YEAR(S)Juvenile: No

Related AddressesAddress Relationship4279 Walton Bridge Rd, Ponce De Leon, FLORIDA 32455 , United States of America Home Address







7/8/2013




ACISS#12-3217/3

On 03/14/2013, FFS Forester Rick Bray assisted by two FFS employees conducted apost-harvest timber valuation at Ms. Miller’s property. The purpose of this evaluation isto 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 withnegative 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 beenclear cut and has been fenced in. The only access point is a gate located on Mr.Voelker’s adjoining property and the land is being used as pasture for horses whichbelong to Mr. Voelker. (Photo#1-9).

I was approached later in the day by Mr. Voelker once he had arrived home. He agreedto be interviewed and to have the interview recorded. Mr. Voelker stated during theinterview that he had cleared the property. He stated he believed he had clear cutapproximately 9 acres of Ms. Miller’s property. He stated he had only been able topurchase 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 weretold about when he purchased it, so he is getting an attorney to sue her for ownershipof the remaining 30 acres. He stated he had done most of the work himself, but did notsell 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 for100,300 dollars. The contract is from May 21, 2009 and shows the contract expired 10days 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. Miller’sproperty by Mr. Voelker. (See attached)

On 04/16/2013, I met with Mr. Adam Siler and he provided me a sworn writtenstatement as to the events he has witnessed. Mr. Siler states in November of 2010 heentered Ms. Miller’s property with her permission to hunt the land and found it wasactively being cleared. He states approximately 2/3 of the property appeared to becleared and the trees had been pushed up along the outer edge of the clearing. Hestates the activity had been recent because the trees still had green leaves on them. Hestates he could hear a tractor further in the back of the property still clearing the land aswell. (See attached)

Investigation continues.



Primary InformationReport Number: 12-3217/4Report Date: 04/18/2013Type Of Report: Investigative SupplementDescription: Walton-Timber TheftOccurence From: 04/18/2013 14:00Occurence To: 05/28/2013 10:00Source Of Info: CitizenSource Reliability: USUALLY RELIABLEDissemination Code: Case ContinuationContent Evaluation: CONFIRMEDReporting LEO: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Mileage: 120Approval Status: ApprovedApproved Date: 05/29/2013Approved By: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)







Race: WHITERecord Type: PERSONSubject Name: Miller, Zelda, Burns




Subject #2 - VICTIM #1 - Miller, Zelda, Burns - ContinuedPrimary Information - Continued

Sex: FEMALEBirth Date: 06/09/1934Age: 78 YEAR(S)Juvenile: NoPlace Of Birth State: IOWA


Subject #3 - WITNESS #1 - Lambert, Kelly MichellePrimary Information

Race: WHITERecord Type: PERSONSubject Name: Lambert, Kelly MichelleSex: FEMALEBirth Date: 06/28/1958Age: 54 YEAR(S)Juvenile: No

Related AddressesAddress RelationshipP.O. Box 612, Baker, LOUISIANA 70704 , United States of America Home Address

Subject #4 - WITNESS #2 - Masuga, Tracy CPrimary Information

Race: WHITERecord Type: PERSONSubject Name: Masuga, Tracy CSex: FEMALEBirth Date: 03/25/1960Age: 53 YEAR(S)Juvenile: No

Related AddressesAddress Relationship6646 S Fundy Ct, Centennial, COLORADO 80016 , United States of America Home Address

Record Status InformationRecord Origination Operator: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Record Origination Date: 04/18/2013 14:19




Record Status Information - ContinuedLast Update Operator: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)Last Update Date: 05/29/2013 10:33



7/8/2013



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 inApril of 2011 she and multiple family members went to the aforementioned property andfound 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. Miller’s propertywhich 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 theaforementioned property and found it had been cleared. Miller-Hurd states she hadbeen contacted first by Mr. Siler about the property being clear, but she was not sure ofthe 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 statesVoelker later in 2009 attempted to purchase the remaining land, but that the contractfell through again. Miller-Hurd stated she had been contacted by numerous timbercompanies over the years about selling the timber on the property. Miller-Hurd statedshe decided not to sell the timber because she believed the property would be morevaluable with the timber still on it. (See attached statement) Miller Hurd- provided mecopies of the contracts for the attempted sale of the aforementioned property. Thedocuments she provided also include a release of the funds being held in escrow and acancellation 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 shewas contacted by her mother in April of 2011 about the aforementioned land beingcleared. Lambert states she contacted Voelker by phone and Voelker made complaintsabout issues within the home not being disclosed during the purchase and then he toldher he would not sue Miller-Hurd if they would meet his terms for the purchase of theland. (See attached statement)

End of report / Investigation continues

Office of Agricultural Law EnforcementACISS Arrest Supplement Report 12-3217/5


Primary InformationReport Number: 12-3217/5Report Date: 05/28/2013Type Of Report: Arrest SupplementDescription: Walton-Timber TheftOccurence From: 05/28/2013 11:00Occurence To: 06/18/2013 14:00Source Of Info: CitizenSource Reliability: USUALLY RELIABLEDissemination Code: Recommend Case ClosureContent Evaluation: CONFIRMEDReporting LEO: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Mileage: 190Approval Status: ApprovedApproved Date: 07/05/2013Approved By: Williamson, Daniel Lt. (Investigative Region 2 / Office of Agricultural Law Enforcement)



Subject #1 - Assisting Agency #1 - State Attorney - 1st Judicial CircuitPrimary Information

Record Type: AGENCYSubject Name: State Attorney - 1st Judicial CircuitJuvenile: No

Related AddressesAddress Relationship190 Governmental Ctr, Pensacola, FLORIDA 32591 , United States of America Business Address






Subject #2 - SUSPECT #1 - Voelker, Ronald, James Jr - ContinuedRelated Addresses

Address Relationship1651 Magnolia Rd, Ponce De Leon, FLORIDA 32455 , United States of America Home Address

Subject #3 - VICTIM #1 - Miller-Hurd, Zelda, BurnsPrimary Information

Race: WHITERecord Type: PERSONSubject Name: Miller-Hurd, Zelda, BurnsSex: FEMALEBirth Date: 06/09/1934Age: 79 YEAR(S)Juvenile: NoPlace Of Birth State: IOWA


Arrest #1 - Voelker, Ronald, James JrPrimary Information

Arrestee: Voelker, Ronald, James JrLocation: 752 Triple G RdArrest Type: WARRANTArrest Date/Time: 06/26/2013 18:44Arresting LEO: Padgett, Charles Inv. (Investigative Region 1 / Office of Agricultural Law Enforcement)Department: Department of Agriculture and Consumer Serv.Division: Office of Agricultural Law Enforcement - AgLawBureau: Bureau of Investigative ServicesRegion: Investigative Region 1Joint Arrest: YesOther Agency: Walton County Sheriff's OfficeWarrant Type: Arrest

ChargesCharge Statute UCR Class Charge CountGrand Theft in the SecondDegree

812.014(2)(a) 0000 1

Probable CauseInv. Padgett, Office of Agricultural law Enforcement, CIS, Region 1 ACISS#12-3217/5




Arrest #1 - Voelker, Ronald, James Jr - ContinuedProbable Cause - Continued

On November 20, 2012, I began an investigation into a possible Timber Theft at 1651 Magnolia Rd. Walton County, Florida. Thecomplaint 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) ofMiller-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 gatelocated at Voelker's residence. On January 10, 2013, FFS Forester Daniel Wesley and I used aerial photos and ARC Map software which determinedapproximately 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, Voelkerstated that he had begun clearing Miller-Hurd's property in June of 2009 and finished sometime in 2010. Voelker stated he believedhe had clear cut approximately 9 acres of Ms. Miller-Hurd's property. Voelker stated he had only been able to purchase the houseand 5 acres from Miller-Hurd and the remaining 30 acres still belonged to Miller-Hurd. Voelker stated he is talking to an attorney tosue for adverse possession of the property because he believes Miller-Hurd did not disclose issues with the home when hepurchased it. Voelker stated he had done most of the clearing himself, but did not sell Miller-Hurd's timber or use a timbercompany. Aerial photographs on file with the Walton County Property Appraiser show the property was not cleared as of Oct. 2009, thusshowing 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 of8,599.80 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. Silerstates in November of 2010 he entered Miller-Hurd's property with her permission to hunt the land and found it was actively beingcleared. Siler states approximately 2/3 of the property appeared to be cleared and the trees had been pushed up along the outeredge of the clearing. Siler states the activity had been recent because the trees still had green leaves on them. Siler states hecould 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 familymembers went to the aforementioned property and found it had been cleared. Masuga states she saw downed trees and turnedground. 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 inApril of 2011she and multiple family members visited the aforementioned property and found it had been cleared. Miller-Hurdstates in May 2009 she sold Voelker the house and five acres, but due to financing issues experienced by Voelker she maintainedownership of 30 acres of woodlands abutting Voelker. Miller-Hurd states Voelker later in 2009 attempted to purchase the remainingland, but that the contract fell through again. Miller-Hurd stated she was contacted by Voelker about issues with the homepurchase he felt she did not disclose and if she did not except his offer of $30,000 dollars for the remaining property still owned byMiller-Hurd or he would sue her. Miller-Hurd stated she had been contacted by numerous timber companies over the years aboutselling the timber on the property. Miller-Hurd stated she decided not to sell the timber because she believed the property wouldbe more valuable with the timber still on it. Miller Hurd- provided me copies of the contracts for the attempted sale of theaforementioned property to Voelker. The listed purchase price on the documents is $60,000 dollars placing the value of the landper acre at $2000 dollars. The documents she provided also include a release of the funds being held in escrow and a cancellationof 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. Lambertstates 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




Arrest #1 - Voelker, Ronald, James Jr - ContinuedProbable 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 theremaining 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 byVoelker of a pending lawsuit. Based on the aforementioned contracts the estimated value of the land in which Miller-Hurd is beingdeprived 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 abenefit 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 ofthe property, a violation of Florida State Statute 812.0145 (2)(b) If the funds, assets, or property involved in the theft from a person65 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 DetailsPrimary Information






7/8/2013



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 forRonald Voelker through my chain of command.

On 06/17/2013, the aforementioned probable cause affidavit was approved by my chainof command. I submitted the arrest warrant and affidavit for review by the StateAttorney’s Office 1st Judicial Circuit and they recommended an arrest warrant. Isubmitted the affidavit and arrest warrant to a circuit court judge in and for WaltonCounty. He signed the arrest warrant and set no bond pending 1st appearance.

On 06/26/2013, Voelker surrendered himself to the Walton County Sheriff’s and theaforementioned 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 [email protected] From: Joe Morgan [mailto:[email protected]] Sent: Tuesday, November 20, 2012 3:41 PM To: '[email protected]'; '[email protected]' 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) [email protected] 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 [email protected] Of course, as appropriate – since I am the one ‘on the ground’ I would like to be cc’d on significant communication.

‘Adjacent Land Owner’ – suspect/perpetrator VOELKER, RONALD J JR & MICHELLE 1651 MAGNOLIA RD PONCE DE LEON, FL 32455 05-2N-17-05000-012-0000

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 [email protected] Originating email: From: Joe Morgan [mailto:[email protected]] Sent: Friday, November 16, 2012 1:57 PM To: [email protected]; [email protected]; [email protected]; [email protected] Cc: Goff, John; [email protected] 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 [email protected] From: Goff, John [mailto:[email protected]] Sent: Friday, November 16, 2012 9:52 AM To: [email protected] 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: [email protected] Glenn Kramer: [email protected] Hope these guys can help. Craig

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Case # 12-3217 1

1651 Magnolia Rd. 2

Primary Subject: Ronald Voelker 3

Audio Statement 4

03/14/2013 5

This interview is being conducted with Mr. Voelker uh Magnolia Road, Walton County Florida. Alright 6 Mr. Voelker you understand at this time you’re not under arrest. This is just a preliminary investigation. 7 You’re not under arrest, you’re free to leave at any time. You have the right to have an attorney 8 present, all that stuff, alright? 9

Voelker - Alright. 10

Padgett – You understand? 11

Voelker - Yes. 12

Padgett – Okay and at this time are you invoking any of those rights that you have the right to have? 13

Voelker – Not yet. 14

Padgett – Okay. Alright if you would, just tell me what’s going on out here? Uh with these, this land 15 that’s been cleared. 16

Voelker – Uh we’re in, we’re having this uh an issue with the uh property owner whom we bought the 17 property from. 18

Padgett – Okay, okay the five acres that you bought or the thirty acres that they still own? 19

Voelker – Both. 20

Padgett – Okay what’s the issue? 21

Voelker – Well the property that, the five acres that we have uh, that we currently own is we’re having 22 an issue with the house that they first of all sold us and that they ended up building and did not inform 23 us of problems with the house which obviously you know is, is uh is, is a legal issue at this point. And we 24 actually, we do have the rest of the property technically is still under contract with us. In fact, there is 25 still money being held concerning the property. 26

Padgett – Okay whose that being held with? 27

Voelker – Uh 28

Padgett – Just one second. 29

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Voelker – It’s currently being uh kept by, in escrow by Mitchell Land and Title in DeFuniak Springs. 1

Padgett – Mitchell Land and Title? Okay, is the property owner aware of that? 2

Voelker – Yes. 3

Padgett – Okay. 4

Voelker – Absolutely. 5

Padgett – Okay. But at this time you do not legally own the property, that thirty acres? 6

Voelker – Correct. 7

Padgett – Okay. Uh, so did you clear cut that property? 8

Voelker – Yes. 9

Padgett – Okay, did you do the work yourself or hire a timber company or a clear, land clearing 10 company? 11

Voelker – I did most of it myself. 12

Padgett – Okay. Most of it….who did the rest of it? 13

Voelker – I had uh a couple of different individuals come in and help me with root raking and some 14 other uh.. 15

Padgett – Any timber companies? 16

Voelker – No, no timber companies. 17

Padgett – No sale of timber? 18

Voelker – No sale of timber. 19

Padgett – Okay, alright. Not a problem. Uh, how much of that property that you cleared do you believe 20 is your property? Not their property. 21

Voelker – Um 22

Padgett – Because right now we’re estimating ten acres of their property cleared and about one of 23 yours. 24

Voelker – I would say that is probably closer to two acres of mine and I, I could probably figure it out. 25

Padgett – So about nine of theirs? 26

Voelker – About nine of theirs. 27

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Padgett – Okay, alright. 1

Voelker – And keep in mind this was done while the property, while we were still uh what happened was 2 is that we originally had the entire property under contract. 3

Padgett – Okay. 4

Voelker – And because of financing and stuff like that, we had to take five acres out to appease the bank 5 and so forth and so on and the rest of the property was under contract uh pending financing and stuff 6 like that. And during that time is when all this happened. 7

Padgett – Okay. Uh what months did you clear that property? 8

Voelker – I started June, June it took me, obviously it took me a while. 9

Padgett – June of 2012 or 2011? 10

Voelker – No, try 2008. 11

Padgett – ’08? ‘Cause our ariels from google are showing…. 12

Voelker – Nine, nine I think we bought the property in nine. 13

Padgett – Okay so you bought that property in nine, when did you… 14

Voelker – Start clearing it in… 15

Padgett – Started clearing it? 16

Voelker – I started clearing in June. 17

Padgett – June of ’09. 18

Voelker – Yes. 19

Padgett – Okay and when did you finish? 20

Voelker – Uh 2010, I couldn’t tell you exactly when. I want to say it was… 21

Padgett – ‘Cause I have google arial photos that show a big change in the property ‘011 to ‘012. 22

Voelker – uh huh, that was before that. 23

Padgett – So, well.. 24

Voelker – The grass is older than that. 25

Padgett – The google maps are time stamped and dated, so uh, uh so… 26

Voelker – What is the issue..I mean what, let me ask you a question. What is the complaint? 27

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Padgett – The complaint is that you cleared their timber, which to them holds monetary value. Uh 1 which it does. Uh timber, even though it’s not row pines, all this hardwood does hold monetary value. 2

Voelker – And keep in mind, at this point uh after talking to my attorney we are pursuing adverse 3 possession. 4

Padgett – Okay, that’s fine. Alright, that’s basically all the questions I got. 5

Voelker – Okay. 6

Padgett – Alright, that concludes the interview. 7

END OF STATEMENT 8

9 Transcribed by Susie Mathis 10

11

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Case # 12-3217 1

315 Evergreen Ave. Niceville, FL. 2

Primary Subject: Zelda Miller-Hurd 3

Audio Statement 4

04/24/2013 5

This interview is being conducted at 315 Evergreen Avenue, Niceville, Florida with Ms. Zelda Miller Hurd. 6 This is in reference to ACISS Case Number 12-3217; Destruction of Timber, Exploitation of the Elderly 7 involving suspect Ronald Voelker. 8

Padgett – Ms. Miller Hurd will you please state your name for the record? 9

Z. Hurd – My name is Zelda Miller Hurd. 10

Padgett – Okay. Do you swear and affirm the statement you are about to give me is true and correct? 11

Z. Hurd – I do. 12

Padgett – Okay. If you would just start uh if you could, at the beginning of when all this occurred with 13 Mr. Voelker. 14

Z. Hurd – Um he purchased uh the house and five acres because at the last minute uh his bank would 15 not loan him the full amount. 16

Padgett – Okay do you recall what year that was? 17

Z. Hurd – That was uh four years ago which is what, uh? 18

Padgett – May of 2009, sound right? 19

Z. Hurd – Yes, uh huh. 20

Padgett – Okay. 21

Z. Hurd – ‘Cause our closing was like May 21st. 22


Z. Hurd – Of May…um uh, I settled into my new home and I’m not sure at what point uh Mr. Voelker left 24 calling card for me to call him. And at that time um he um said I didn’t declare something about the 25 dryer vent and that in order to correct that he was going to have to spend thirty thousand dollars on a 26 room for his washer and dryer. And that if I did accept his proposal of thirty thousand dollars he was 27 going to sue me by the first of the month. 28

Padgett – Okay. Uh now your land, let’s get to the land. 29

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Z. Hurd – Okay. 1

Padgett – Uh when were you contacted and told that the land was being cleared by Mr. Voelker that 2 does not belong to Mr. Voelker, that belongs to you. 3

Z. Hurd – I wasn’t contacted um my…two years ago about this time of the uh of April my family was 4 visiting and my younger son who was living with me at the time, we all went up to the remaining 5 Z. Hurd, con’t - property just to walk the land and uh see what it looked like. So we were walking along 6 the land parallel to which Mr. Voelker had, had bought and my son who really grew up walking the land 7 with his dad and knows the property well, he could see that Mr. Voelker had or someone had cleared 8 land, cleared trees on my remaining property. Uh 9

Padgett – You said that was about April or May of 2011? 10

Z. Hurd – Yes. 11


Z. Hurd – And it…yes, that would have….either been the very last part of April or the very first part of 13 May. 14


Z. Hurd – Two years ago. 16


Z. Hurd – Yeah. 18

Padgett – Uh were you ever contacted by Mr. Siler, a gentleman who hunts your land? 19

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 20 after my late husband passed away and he was concerned. I had given him permission to hunt every 21 year on my remaining property and he actually drew up diagrams and sent them to me and, but I felt 22 like this was information I already knew. 23

Padgett – Uh huh 24

Z. Hurd – Um 25

Padgett – Did he let you know the property was being cleared? Because he has given me a statement 26 saying he did. 27

Z. Hurd – He did, he did. 28

Padgett – Do you recall when that was? 29

Z. Hurd – Um 30

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Padgett – ‘Cause I think he… 1

Z. Hurd – Probably two years ago but.. 2

Padgett – Yeah that would be ______________ 3

Z. Hurd – Uh I can’t tell you the exact time. 4

Padgett – Okay. 5

Z. Hurd – Okay? 6

Padgett – That’s fine. But he contacted you first, is that correct? 7

Z. Hurd – Yes. 8

Padgett – Okay. 9

Z. Hurd – Yes. 10

Padgett – To let you know the property had been cleared and he, did he tell you if it looked like it just 11 happened or anything like that? If it was new clearing? 12

Z. Hurd – Now that I don’t remember. 13

Padgett – Okay, that’s fine. Uh, let’s see....and when y’all went for closing on the, when he originally 14 tried to purchase this property uh he’s claiming that there’s still a thousand dollars being held in trust. 15 And he claims that you never signed the paperwork to allow that thousand dollars to be returned to 16 him. Is that correct or not/ 17

Z. Hurd – My understanding was that he never signed a release….. 18


Z. Hurd - ….for me to get my money back. ‘Cause my understanding was if the deal fell through, which 20 as far as I’m concerned it fell through. He was only able to buy five acres with the house. 21

Padgett – But we, was there a separate contract after that for him to purchase the thirty or thirty-five, I 22 guess it’s thirty acres? Because I, he’s provided me and Mitchell Title, I guess has provided me a contract 23 that shows him attempting to purchase I guess like a week after the closing on the house and the five 24 acres. 25

Z. Hurd – I have paperwork from that title company…. 26


Z. Hurd - ….myself, and if you wish to look at it… 28

Padgett – Yeah if I could, yeah. Uh we’ll finish the interview before I look at the paperwork. 29

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Z. Hurd – Okay. 1

Padgett – Uh 2

Z. Hurd – I was confused at that time because I thought, Oh he’s not getting uh all of the property, I 3 guess I should get that money back, that earnest money. 4

Padgett – Okay, how much earnest money did you have to put up? 5

Z. Hurd – I don’t think I had to put any. 6

Padgett – Yeah. 7

Z. Hurd – I mean he’s the one that… 8

Padgett – He puts up a thousand. 9

Z. Hurd – He puts up a thousand. I put up two thousand for his house. 10

Padgett – But the con…the contract states, and that’s why I’m wondering, it says if the deal falls through 11 that both of you have to sign a release and then he’ll be refunded his thousand dollars because he’s the 12 one that put the money up. 13

Z. Hurd – Okay well maybe I misunderstood how that works. 14

Padgett – Okay, that’s fine. Not a problem. Yeah. 15

Z. Hurd – I truly don’t understand all that ___ okay? 16

Padgett – That’s fine, okay. And do you know roughly how many acres he’s cleared? 17

Z. Hurd – Um no but I would guess about half of the remaining property which is I think ….. 18

Padgett – So somewhere… 19

Z. Hurd - ….twenty-nine acres so I would say fourteen and a half acres. 20

Padgett – I think it’s a little over twenty uh it’s almost thirty acres. 21

Z. Hurd – Uh huh 22

Padgett – I guess from the property appraiser. 23

Z. Hurd – Uh huh. 24

Padgett – Uh do you know how much each acre is worth individually? 25

Z. Hurd – No I wish I did as far as for selling purposes, you mean? 26

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Padgett – Yes ma’am. Yeah as far as what, what the market value is. Do you have any estimates or have 1 you been provided an estimate or anything? 2

Z. Hurd – I don’t and I’ve been tempted to call another realtor to see what the going price is. 3

Padgett – Okay, not a problem. And it, have you ever considered, were you ever going to sell that 4 timber or at any point did you think about selling that timber for monetary? 5

Z. Hurd – Years ago before I put the place up for sale, a neighbor David Morris who at that time lived 6 across the way from me or he had a big land, um he was in the business of clear cutting and he walked 7 my property with me and he advised me at that time if you were going to be selling at any time in the 8 next five years, I would not clear cut. 9

Padgett – Uh huh 10

Z. Hurd – And so I chose not to think about selling it. If I could have selectively had trees removed so 11 that the place didn’t look like a graveyard of trees um I might have done that. But I really dismissed that 12 because I felt like the land was more valuable…. 13

Padgett – With the timber still on it. 14

Z. Hurd - ….with the timber still on it, uh huh 15

Padgett – But you had contemplated selling that timber? 16

Z. Hurd – I had, yes. 17

Padgett – Yeah. 18

Z. Hurd – In fact, I got an offer yesterday from, that’s um…. 19

G. Hurd - ______ timber, it wasn’t an offer it was, it was just wanted to know if you wanted to sell….. 20

Z. Hurd – Right. 21

G. Hurd - …the timber on it. 22


Padgett – Okay. And if you would state your name for the record, sir? 24

G. Hurd – Gordon Herd. 25

Padgett – Gordon Herd, okay. And, but a timber company showed interest in… 26

Z. Hurd – Yes they did. 27

Padgett - …..purchasing your timber? 28

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Padgett – Okay. 2

Z. Hurd – And I had actually gotten letters previously. 3

Padgett – Yeah. 4

Z. Hurd – Asking me if I was interested. 5

Padgett – Okay. That’s all the questions I have. Is there anything else that you feel that should be placed 6 on record? 7

Z. Hurd – Gordon, what do you think? 8

Padgett – Ah I do have one additional question. Uh, since Mr. Voelkers’ made the accusation that your 9 realtor has contacted him since I spoke with him, have you directed your realtor to make any contact 10 with him? 11

Z. Hurd – No. 12

Padgett – Okay. That’s what I need to know. Thank you. That concludes this interview. 13

Documents

Ronald Voelker arrest investigation