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Filing # 139223306 E-Filed 11/29/2021 09:57:29 AM

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT


OF THE STATE OF FLORIDA IN AND FOR HILLSBOROUGH COUNTY
CIRCUIT CRIMINAL DIVISION

STATE OF FLORIDA
CASE NO.: 21-CF-014470

VS
DIVISION: O
ROBERT LEE KESSLER

AMENDED MOTION FOR PRETRIAL DETENTION

COMES NOW, the state of Florida by and through the undersigned attorney, pursuant to
Florida Statue 907.041, and Rule 3.132, to respectfully petition this Honorable Court to order
Pretrial Detention and as grounds therefore would show:

There is substantial probability, based on the Defendant’s past and present patterns of
behavior, the criteria set forth in Florida Statue 903.046, and other relevant facts that:

The Defendant poses a threat of harm to the community because the Defendant is
presently charged with a crime that qualifies as a “dangerous crime”: as defined by Florida Statue
907.041(4)(a)(2) to wit: Second Degree Murder with a Weapon (Life Felony) F.S. 782.04(2) and
there is a substantial probability that the Defendant committed such crime, the factual
circumstances of the crime indicate a disregard for the safety of the community, and there are
no conditions of release reasonably sufficient to protect the community from the risk of physical
harm to persons.

The undersigned Assistant State Attorney certifies that he has received testimony under
oath supporting the grounds and the essential facts alleged in the motion.

At approximately 1623 hours, on November 11, 2021, Tampa Police received a call from a
witness who believed he located a human leg floating in the water near the bridge located at S
22nd St/Causeway Bl (McKay Bay). Upon officer’s arrival to this area, they located and
recovered the severed right leg described by the witnesses floating in the water of McKay Bay.
The leg was severed a few inches above the knee. This leg had a distinct tattoo on the outside

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calf area. The tattoo was comprised of three hearts with ribbons running across them which
had names written on the ribbons. The names that were written on the ribbons were, “Sean”,
“Greg”, “Zach”.

Witness #1 told Detectives that while he was fishing in a canoe with Witness #2 on Sunday,
November 7, 2021 at approx. 1430 hours, they heard several loud splashes on the north side of
the bridge. He believes there were approximately 5 splashes. They then made their way to the
other side of the bridge and heard another loud splash. When he looked up, he saw an older
male, white, approximately 62-68 years old, with white hair but balding and his face mushed
like he had no teeth. This male was holding a black garbage bag over the side of the bridge like
he had just dumped objects out of it. This witness advised, when the male saw him looking, he
dropped the bag into the water. The witness observed the objects being dropped between the
fenders on both sides of the bridge. This witness advised that the male was wearing a grayish or
white shirt and denim pants. He stated the car sounded like a 4 cylinder and an older model
based on the sound of the door closing. Whatever the man threw in the water did not float but
the bag came right at them.

Witness #2 told Detectives that while fishing in his canoe with Witness #1 on Sunday November
7, 2021 at approx. 1430 hours, he heard several loud splashes as if something heavy was being
dropped from the bridge and sinking right down. He stated that he and Witness #1 made their
way to the other side of the bridge and saw a white male, older, between 60-70 years old with
white hair and clean cut dropping a bag into the water from the bridge. He said he heard an
object hit the water before the bag was dropped.

Witness #3 approached detectives and advised that he was fishing near the 22 nd St bridge
(McKay Bay) on November 9, 2021 at approximately 1800 hours. Witness #3 advised detectives
that he witnessed an older white male, with white hair standing near the apex of the bridge
near a dark blue or black colored possibly Dodge minivan. He witnessed this male begin to
throw bins/totes over the bridge and into the water. He stated the bins were different colors
(red and blue). This male also threw some trash bags into the water which began to sink. He
then threw another bag into the water but the item inside of this bag fell out of the bag on the
way down and the bag began to float away. This male had been removing the bins and bags

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from the back hatch of the dark colored Dodge minivan and throwing them into the water.
Witness #3 paddled over to one of the bins that was floating in the water. He wanted to
investigate what was in the bins, but the bins had a very foul odor and he didn’t open it up and
left it in the water.

During a search of the water way in and around the bridge a blue in color bin/tote similar to the
one seen by Witness #3 was recovered from the water.

At approx. 1156 hours, on November 12, 2021, the Tampa Police Department received another
call for another body part found floating in the water in the same area as the day before. A
witness directed responding officers to the area of the body part. This body part was
determined to be a severed left leg. The leg resembled the same characteristics as the one
previously found and was severed at about the same length as the one found previously. While
officers were waiting for a Tampa Marine and Dive unit to recover the left leg, another body
part was located floating in the area. This body part appeared to be the lower torso of a female.
This lower torso was cut at the lower thighs and in half just a few inches above the belly button.
The leg portion of the torso appeared to be consistent with belonging to the two legs that were
recovered. A few hours later in the same area, the internal organs of a human were recovered
from the same area of McKay Bay.

Detectives became aware that the tattoo located on the severed leg, previously located, may
belong to a missing female who had been reported missing from Pennsylvania. This female was
ultimately identified as Stephanie Crone-Overholts, the victim.

Continuing their investigation, Detectives were able determine that Stephanie Crone-Overholts
had a listed residence and received mail at 3014 E 148th Av, Lutz, FL.

On November 14, 2021 at approx. 1650 hours, Detectives responded to this residence to
conduct an interview with the registered owner of the residence, who was identified as Robert
Lee Kessler. Kessler owns and operates a dark blue Dodge minivan and has a similar physical
appearance as the person who was described by Witness #1-3 throwing items into McKay Bay
on separate days.

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Kessler identified Stephanie Crone-Overholts as having lived with him for several weeks. She
was living/sleeping in his daughter’s bedroom (southeastern most). He stated that he met her
at a McDonalds in the area and she was in need of a place to live. He invited her to live at his
house located at 3014 E 148th Av, Lutz, FL. Kessler stated that he doesn’t know where Stephanie
currently is and that when he arrived home on November 5, 2021 at approx. 2130 hours she
was not present and neither was her car. He could not recall the last date or time that he did
see Stephanie and could not remember where he had been over the last week. Kessler stated
that Stephanie left all of her belongings in his house and that he threw all of her belongings
away in the trash. Kessler provided detectives with his cell phone number.

On November 15, 2021, at approximately 1315 hours, detectives met with the 8-year-old
daughter of Robert Kessler at her school. His daughter, Witness #4 provided an interview to
detectives. During this interview Witness #4 stated that she knows who Stephanie is and that
she was living with her and her father for about a week. Witness #4 knows that Stephanie
drives a silver car. Witness #4 stated that Stephanie kept calling her father while they were at a
gymnastics class on Friday November 5, 2021. Witness #4 remembers seeing Stephanie last
Friday when she got home from gymnastics with her father. Witness #4 stated that her father
asked Stephanie to leave the house when they got home after an argument. Witness #4 heard
Stephanie Crone-Overholts ask her father for $200 and that she would leave if he paid her.
Witness #4 stated that she was told by her father to go to sleep just before Stephanie walked
outside and her father went outside with Stephanie too. In the morning of November 6, 2021,
Witness #4 stated that her father told her that Stephanie was picked up by her boyfriend last
night. Witness #4 is unaware of Stephanie having a boyfriend and had never seen him. Witness
#4 stated that Stephanie’s vehicle was still at her house and that her father took the vehicle to
Stephanie later, on November 7, 2021. Witness #4 stated that Stephanie had some property
left in her bedroom that her father removed. She stated that the room where Stephanie was
staying smelled bad and that her dad was going to redecorate it. Witness #4 stated that her
father threw some of the personal items of Stephanie away in the trash and he put some of the
items in the trunk of Stephanie’s car before he took Stephanie the vehicle two days later which
she believes was Sunday. Detectives noted that the statement of seeing Stephanie on Friday

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night after gymnastics and her father arguing with Stephanie are in stark contrast to Robert
Kessler’s statement.

Detectives received the call detail records for the account associated with Stephanie Crone
from T-Mobile. The account shows Stephanie Crone as the owner of the account and has it
being active. When viewing the date of November 5, 2021, detectives observed several text
messages back and forth between Stephanie and Robert Kessler. The last call on November 5,
2021 is made at 2132 hours and is incoming from Robert Kessler to Stephanie. There are no
further calls or texts messages sent from Stephanie’s phone after this date and time.

At approximately 0720 hours, on November 16, 2021, detectives were notified by Hillsborough
County Sheriff’s Office that the vehicle registered to Stephanie Crone was located in the area of
2271 E Bearss Av. Detectives responded to this area and observed the vehicle parked in a
shopping plaza facing North. Detectives located video surveillance footage from the Pep Boys
Auto (2304 Bearss Av) located across the street from where the vehicle was parked. While
reviewing the footage from November 7, 2021, at approximately 1530 hours on the video
detectives observed the vehicle pull into the parking spot that it was currently positioned in. A
white male subject is seen to exit the driver’s door and open up the trunk area and the
passenger side doors. This subject then moves back to the driver’s door and removes a white
bag and then begins to walk away from the vehicle eastbound through the plaza. This subject
fits the general physical characteristics of Robert Kessler, but the video is not of great quality.
The vehicle was sealed and photographed by Tampa Police Crime Scene technicians and then
towed to the Tampa Police impound lot. The rear passenger door appears to have a red
substance on the door area.

Detectives requested the assistance of Pasco County Sheriff Office cadaver dogs. Deputy A
Lokotnicki responded with his K-9 Phi to the Tampa Police Impound Lot. The K-9 was brought
near the vehicle and alerted on the rear passenger side door. This alert is made when the dog
smells the presence of blood or decomposition of remains.

At approximately 1300 hours, Det D McClure, with the Tampa Police Department, utilized Pasco
County cadaver K-9 and its handler for a search of the water way near McKay Bay. The K-9 was

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placed on a Tampa Police Marine unit boat and driven to the area where the body parts were
located previously. Within minutes of arrival to the area and searching the area of mangroves
close to where the internal organs were recovered, the K-9 unit alerted on an area. They then
began a diligent search of that area and located the upper torso of a female. This torso section
appears to have come from Stephanie Crone-OverHolts. There are tattoos on this section of
torso that match documented photos of Stephanie Crone-Overholts. An arm was also
recovered from this same area. These body parts were delivered to the Hillsborough County
Medical Examiner’s Office.

Hillsborough County Medical Examiner Dr. Perkins performed an autopsy on these body parts
and advised detectives that the lower neck area of the torso recovered showed incised wounds
consistent with a possible stabbing and were different than the serrated edges where the body
had been dismembered. The hand of the arm that was recovered showed similar incised
wounds on the fingers which appeared to be defensive wounds. Dr. Perkins advised your
detectives that she would be ruling the death of Stephanie Crone-Overholts a homicide.

At approx. 1755 hours on November 16, 2021, detectives executed a court authorized search of
the Hyundai Elantra owned by the victim, Stephanie Crone-Overholts. Crime Scene Technicians
utilized Bluestar to detect the presence of suspected blood on the exterior and interior of the
Hyundai Elantra. The presence of suspected blood was noticeable on the exterior passenger
side, hood, exterior drivers side, interior drivers side floorboard and trunk.

On November 17, 2021, detectives with the Tampa Police department recovered a red/pink
bin/tote in McKay Bay in the same vicinity where the victim’s body parts were recovered. This
bin/tote is of the same shape and size as the blue one recovered several days prior and similar
to the ones that the witnesses observed being thrown into the bay by the subject. This red/pink
tote was also very similar in shape and color as the tote/bin observed in plain sight in the living
room of Robert Kessler’s residence and one which was observed in the rear of the Dodge Van
owned by Robert Kessler, when detectives spoke with him on November 14, 2021. Another
similar blue tote was observed on the exterior of Kessler’s residence near the east side.

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On November 18, 2021, detectives received video surveillance footage from the Port of Tampa
cameras located in the area of 2641 Causeway Bl, Tampa, FL. A review of these cameras from
footage on November 7, 2021 at approximately 1448 hours, shows a dark colored vehicle
parked atop the 22nd St bridge (McKay Bay) and a subject throwing an object in the water,
which can be seen splashing into the water. This video corroborates the statements from
Witnesses #1 and 2.

Detectives applied for and received a warrant for the stored communication data pertaining to
Robert Kessler’s cell phone and Stephanie Crone-Overholts’ cell phone. This data was received
by detectives on November 19, 2021. Detectives observed that on the date of November 5,
2021, Stephanie’s cell phone and Robert’s cell phone are both utilizing the same cell tower very
close to the residence of 3014 E 148th Av Lutz, FL at approx. 2130 hours. This would contradict
the statement of Robert Kessler that Stephanie was not home when he arrived on November 5,
2021.

Detectives observed that on the date of November 7, 2021, the phone in the control of Robert
Kessler appears to travel from the area of his residence at approx. 1410 hours, southbound
through the city of Tampa’s 40th St corridor. The phone communicates with a tower that is
located near Interstate 4 and 50th St N at approximately 1436 hours. The cell phone then
communicates with a cell tower located near Columbus St and N Florida Av at approximately
1500 hours. This would allow time for Robert Kessler to access the 22nd St bridge at 1448 hours
to throw items into the water, which is corroborative with the video from the Port of Tampa
and witnesses #1 and 2. The cell phone then continues to travel north along Interstate 275 back
to the area of the residence of Robert Kessler at 1518 hours. The cell phone then communicates
with a tower close to Robert Kessler’s residence at 1518 hours.

At approximately 1541 hours, on November 7, 2021, Robert Kessler’s phone communicates


with a tower near E Bearss Av and Livingston Av which is just west of Robert Kessler’s
residence. This would be corroborative of the video depicting the victim’s vehicle being
abandoned at 2271 E Bearss Av plaza as was captured on the Pep Boys Auto video. The cell
phone then communicates with the tower closer to his residence at approx. 1558 hours. It is
approx. a sixteen minute (0.8 miles) walk from the area of where Stephanie’s vehicle was

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located to the Kessler residence. This data is corroborative of Witness #4 statement, stating
that Kessler drove Stephanie’s vehicle on Sunday November 7, 2021, allegedly giving it back to
her.

The cell phone data of Robert Kessler from November 8, 2021 shows his phone traveling from
the area of Hillsborough Av and N 40th St at approximately 0825 hours. A City of Tampa License
Plate Reader (LPR) camera located at the intersection of 40th St N and Diana St E captures the
dark blue Dodge Van owned by Robert Kessler driving southbound at approximately 0818 hour.
This shows that the cell phone tower data for Robert Kessler is corroborative of the LPR data
captured. The cell phone tower data of Robert Kessler then shows his phone communicating
with a tower that is located near Madison St and N Florida Ave at approximately 0908 hours
and remains in that vicinity for approximately eighteen minutes (0926 hours).

Detectives observed that on November 9, 2021, at approximately 1854 Robert Kessler’s phone
communicates with the tower located near Columbus Dr and N Florida Av. This timing would
corroborate Witness #3 seeing a subject matching Robert Kessler’s physical appearance and his
van near the bridge sometime around 1800 hours dumping items into McKay Bay.

Detectives observed that on November 10, 2021, Robert Kessler’s blue Dodge van is observed
on Tampa Police LPR camera at 40th St N and Diana St E at approximately 0815 hours. Robert
Kessler’s phone communicates with a tower in the area of 40th St N and Hillsborough Avenue
at approximately 0836 hours. Robert Kessler’s phone then communicates with a tower near the
area of the 22nd St bridge (McKay Bay) at approximately 0909 hours.

On November 20, 2021 at approx. 0100 hours, detectives applied for and received a search
warrant for the residence of Robert Kessler (3014 E 148th Av, Lutz, FL). During the execution of
this search warrant crime scene technicians located numerous areas of visible blood
throughout the residence. The southeastern most bedroom had new carpet laid down and new
bedding on top of a single mattress. Detectives located a small circle cut out of the top of the
pillow top mattress. Around the edges of this mattress was a discoloration. Bluestar was
applied to this area of the mattress by crime scene technicians and it illuminated brightly,
showing the possible presence of blood. This mattress section was collected as evidence.

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Detectives removed the top layer of new carpet which revealed a second and third layer of
older carpet. Bluestar was applied to this carpet area and the carpet illuminated in several large
spots throughout the bedroom, showing the presence of a large amount of blood. A portion of
carpet was collected as evidence. Detectives located several areas of suspected blood spatter
on the walls of this bedroom as well. Bluestar was applied to the flooring just outside of the
southeastern most bedroom. The flooring showed the presence of blood and a possible blood
trail traveling from the bedroom, through the living room and then splitting into two directions.
One direction towards the front door and the other direction towards the back door. At the
back door, Bluestar was applied to the door, walls, floor and a pair of brown shoes located in
that area. The area near the back door illuminated brightly in several areas to include the
shoes. These shoes were collected as evidence.

A blood swipe was located on the lower section of a kitchen cabinet. This blood swipe was
sampled and collected as evidence. Several other items were collected with suspected blood
stains and placed into evidence.

At approx. 1545 hours, on November 20, 2021, detectives along with crime scene technicians
conducted a court authorized search of the blue Dodge van owned by Robert Kessler. During
the course of this search suspected blood was collected from the interior driver’s side rear
sliding door. Bluestar was applied to the interior floor mat and plastic step area near the
driver’s side rear sliding door. This area illuminated brightly, showing signs of suspected blood.
The floor mat was collected as evidence and the plastic area was swabbed.

Items collected from the residence of Robert Kessler as evidence were submitted to the Florida
Department of Law Enforcement Regional Crime Laboratory for processing on November 22,
2021.

On November 23, 2021, detectives met with Robert Kessler who provided a post Miranda
statement. Kessler advised that he owns the pair of brown shoes located near the back door of
his residence. Kessler advised that he had recently redecorated his daughter’s room
(southeastern most) and laid down carpet. He advised that the circle section of the mattress

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that was cut out, was cut out by him because there were cat or dog feces on that section of the
mattress.

On November 24, 2021, detectives were made aware by FDLE analyst that they had
completed processing the evidence submitted to them. FDLE biology analysis determined that
the blood/DNA discovered on the brown shoes submitted to them matched the DNA of
Stephanie Crone-Overholts. Further analysis determined that the blood/DNA discovered on the
pillow top mattress cutting also matched the DNA of Stephanie Crone-Overholts. Analysis also
determined that the blood/DNA discovered on the kitchen cabinet matched the DNA of
Stephanie Crone-Overholts.

The defendant has committed a dangerous crime, and the facts and circumstances
indicate a disregard for the safety of the community, and there are no conditions of release
that will adequately protect the community.

WHEREFORE, based on the foregoing, the State respectfully prays this Honorable Court
to order Pretrial Detention.

I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR PRETRIAL
DETENTION has been furnished to OFFICE OF JULIANNE HOLT, PUBLIC DEFENDER,
PDDISCOVERY@PD13.STATE.FL.US, 700 TWIGGS ST, TAMPA, FL 33602, attorney for the
defendant, this 29th day of November, 2021.

Respectfully submitted,

ANDREW H. WARREN
STATE ATTORNEY

s/Scott Harmon
MailProcessingStaff@SAO13th.com
Scott Harmon
ASSISTANT STATE ATTORNEY
FLORIDA BAR NUMBER 0933775
STATE ATTORNEY'S OFFICE
419 N. PIERCE ST.
TAMPA, FL 33602-4022
(813) 272-5400

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