Auburndale, Florida- On December 30th Auburndale Police arrested two men at Love’s Travel Stop in Auburndale. Love’s Travel Stop was notified during this time that a flagged business credit card had been used on several occasions. The total amount of diesel purchased with this card was $2,925.65. Defendants Yasmany Moya-De-La-Hoz and Yunior Bencomo Perez have been charged with grand theft, fraudulent use of credit cards, and retail fuel theft- modified vehicle fuel tank. Below is an excerpt of the arrest affidavit:
It should be noted that this is an unedited report of facts by the Auburndale Police Department. These facts are up for question and everyone is entitled to question the validity of facts by law enforcement in a court of law. Winter Haven Daily does not rewrite these facts as some meanings or interpretations could be in error and change context. We hope readers appreciate being able to read the information and come to your own conclusion.
“On 12/30/2023, at approximately 1058 hours, the defendant and co-defendant arrived at the Loves Truck Stop located at 1800 FL-559, Auburndale, Florida, with a white 2005 Ford F350 bearing Florida tag number 36BZBA.
The defendants parked the Ford and exited the vehicle, as did the co-defendant. The defendant and co-defendant approached the main fuel terminal, and a few seconds later, they both started to fuel the Ford. The defendant was on the driver’s side, and the co-defendant was on the passenger side. The total amount of diesel that was pumped into the Ford was 248.06 gallons for an amount of $949.81. The last four numbers of the credit/debit card used at the pump at the time of the transaction were 3419. The same credit card number was also used three times at the same location on the following days: 12/29/2023 at approximately 0802 hours, to purchase 247.84 gallons of diesel for an amount of $948.98, on 12/27/2023 at approximately 1313 hours, to purchase 248.08 gallons of diesel for an amount of $949.88, and on 12/23/2023 at approximately 1233 hours, to purchase 20 gallons of diesel for an amount of $76.98. The total amount of diesel purchased was $2,925.65.
During this time, Loves was notified of the fraudulent transaction due to the account attached to the credit card being flagged. The credit card used in the transaction has been mirrored, and the fraudulent credit card belonging to the victim, REDACTED has had multiple fraudulent transactions in the past. Contact was made with the owner, REDACTED who advised that the transaction was fraudulent and not approved by the company or him. Both the defendant and co-defendant do not work for the company and have no authorization to be in possession of any credit/check cards related to REDACTED.”
Due to the defendant and co-defendant knowingly and intentionally depriving the victim of the use, possession, and full monetary value of the stolen fuel, both the defendant and co-defendant were charged with grand theft pursuant to Florida State statute 812.014(2)(C)1.
Due to the defendant and co-defendant knowingly and intentionally defrauding the victim and in possession of a credit/check card that was reasonably known to be fraudulent and obtaining goods without permission from the victim with said fraudulent card were charged with fraudulent use of credit cards pursuant to Florida State statute 817.61.
Due to the defendant and co-defendant using the 2005 Ford F350 with modified and altered fuel tanks, the defendant was charged with retail fuel theft- modified vehicle fuel tank pursuant to Florida state statute 812.0151(2)(C)(2).
A criminal history check was conducted on the defendant and co-defendant. The defendant had a prior conviction of theft by receiving stolen property as of 05/09/2017 from the state of Main, case number KENCDCR201700500.
The co-defendant did not show any prior convictions.